Statutory Rules
1978 No. 234
REGULATIONS UNDER THE DEFENCE ACT 1903*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS†
Education allowance
1. Regulation 131 of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (1) “ recognized ”;
(b) by omitting sub-regulations (2) to (2f) (inclusive) and substituting the following sub-regulations:
“ (2) The amount of education allowance payable to a member in respect of the attendance in a year of his child at a school is—
(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—the sum of the amount of boarding allowance ascertained in accordance with paragraph (2a) (a) and the amount of tuition
* Notified in the Commonwealth of Australia Gazette on 30 November 1978.
† Statutory Rules 1966 No. 35 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 22 and see also Statutory Rules 1978 No. 22, 60, 69, 76, 87, 207, 224 and 226.
allowance ascertained in accordance with sub-regulation (2b); and
(b) in any other case—the amount of boarding allowance ascertained in accordance with paragraph (2a) (b) or (c), as the case requires.
“ (2a) The amount of boarding allowance is—
(a) where the child boards and resides at the secondary school at which he is undertaking his course of secondary education—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school is in vacation) in the year during which the child boards and resides at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school;
(b) where the child boards and resides at a guesthouse, hostel or other commercial boarding establishment—an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision for the child of board and residence at the guest-house, hostel or other establishment (other than so much of those fees and charges as is levied or incurred exclusively in respect of a period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides at the guest-house, hostel or other establishment; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled; and
(c) where the child boards and resides, or resides, at a place other than a school or boarding establishment of a kind referred to in paragraph (a) or (b)—so much of the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the
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provision for the child of board and residence, or residence, at that place as does not exceed the amount in dollars calculated in accordance with the formula—
where—
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member or during which the secondary school at which the child is enrolled is in vacation) in the year during which the child boards and resides, or resides, at the place; and
C is the number of weeks in the year during which tuition is given to secondary students at the school at which the child is enrolled.
“ (2b) The amount of tuition allowance is an amount equal to so much of the amount in dollars calculated in accordance with the formula—
as does not exceed the amount in dollars calculated in accordance with the formula—
where—
A is the amount to the nearest dollar equal to the sum of the fees and compulsory charges (if any) levied on, or incurred by, the member in the year in respect of the provision of tuition for the child at the secondary school (other than so much of those fees and charges as is levied or incurred exclusively in respect of tuition provided during a period in respect of which education allowance is not payable to the member);
B is the number of weeks (not including any period in respect of which education allowance is not payable to the member) in the year during which the child receives tuition at the secondary school; and
C is the number of weeks in the year during which tuition is given to secondary students at the secondary school.
“ (2c) A reference in paragraph (2a) (a) to a child who boards and resides at the secondary school at which he is undertaking his course of secondary education includes a reference to a child who boards and resides at a hostel maintained by the school for the purpose of providing board and residence for children attending the school ”;
(c) by omitting sub-regulation (4) and substituting the following sub-regulation:
“ (4) Where—
(a) education allowance is payable to a member in accordance with paragraph (2) (a) in respect of the attendance of his child at a school;
(b) the member takes up duty, or the member’s family takes up residence, in the locality in which the school is situated after the commencement of a school term; and
(c) the child continues to board and reside at the school after the member so takes up duty or the family so takes up residence,
education allowance continues to be payable to the member in respect of the attendance of the child at the school until the child ceases to board and reside at the school or until the end of that school term, whichever first occurs.”;
(d) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (5) “ recognized ”;
(e) by omitting from sub-regulation (5b) “ attending a school as a boarder ” and substituting “ boarding and residing at a school ”;
(f) by omitting from that sub-regulation “ in respect of the attendance of the child at the school as a boarder ” and substituting “ in accordance with paragraph (2) (a) in respect of the attendance of the child at the school ”; and
(g) by adding at the end thereof the following sub-regulations:
“ (8) Education allowance payable in accordance with this regulation may be paid in 3 instalments, each instalment being—
(a) payable at the end of a school term; and
(b) in respect of each of the first 2 instalments—an amount that does not exceed the prescribed amount.
“ (9) For the purpose of paragraph (8) (b), the prescribed amount, in respect of the attendance in a year of a child at a school, is an amount equal to one-third of the amount that would be payable in respect of the child in accordance with sub-regulation (2) if the attendance in that year of the child at the school were deemed to be attendance of the child at the school in the year immediately preceding that year.
“ (10) In this regulation, ‘secondary school’ means—
(a) a secondary school within the meaning of section 5 of the Student Assistance Act 1973; or
(b) a school, other than a secondary school referred to in paragraph (a), in respect of which there is in force a declaration by the Minister that the school is to be treated as a secondary school for the purpose of this regulation.”.
Application
2. (1) Education allowance is payable in accordance with the provisions of regulation 131 of the Military Financial Regulations, as amended by regulation 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1976 and during any subsequent year.
(2) In the application of regulation 131 of the Military Financial Regulations, as amended by regulation 1, to and in relation to the attendance of a child at a school during the year that commenced on 1 January 1976—
(a) paragraph 131 (2a) (a) shall be read as if there were substituted “ 295 ” for “ 330 ” and “ 1230 ” for “ 1300 ”;
(b) paragraph 131 (2a) (b) shall be read as if there were substituted “ 450 ” for “ 510 ” and “ 1180 ” for “ 1470 ”;
(c) paragraph 131 (2a) (c) shall be read as if there were substituted “ 600 ” for “ 790 ”; and
(d) sub-regulation 131 (2b) shall be read as if there were substituted “ 50 ” for “ 100 ” and “ 1300 ” for “ 1460 ”.
Adjustment in certain cases
3. In respect of education allowance payable to a member in respect of the attendance of a child at a school during the period that commenced on 1 January 1976 and ends on the day that is—
(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or
(b) in any other case—the last day of the immediately preceding school term,
the amount of education allowance payable to the member shall be the greater of the following amounts:
(c) the amount payable to the member under the Military Financial Regulations as in force before the commencement of these Regulations;
(d) the amount payable to the member under the Military Financial Regulations as amended by these Regulations.