STATUTORY RULES
1970 No. 209
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1970.
Dated this twenty-fourth day of December, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
Amendments of the Military Financial Regulations†
District allowance.
1.—(1.) Regulation 41 of the Military Financial Regulations is amended by omitting from sub-regulation (5.) the words “or an authority of the Commonwealth”.
(2.) District allowance is payable to a member as if the amendment of regulation 41 of the Military Financial Regulations effected by the last preceding sub-regulation had come into operation on the twenty-ninth day of October, 1969.
Education allowance.
2.—(1.) Regulation 131 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2.) the words “One thousand two hundred and five dollars” and inserting in their stead the words “ One thousand three hundred dollars”;
(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words “Two hundred and eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and twenty-six dollars sixty-seven cents”; and
(c) by inserting after sub-regulation (2.) the following sub-regulations:—
“(2a.) Where a child of a member attends a school as a boarder for the whole or a part of a school year, the amount of education allowance payable in relation to the attendance of the child is the amount of One thousand three hundred dollars or if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.
“(2b.) For the purpose of the last preceding sub-regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for the whole of a school year, is an amount equal to the sum of any amounts paid or payable by the member, in relation to the attendance of the child at the school during the year, by way of—
(a) tuition fees, being tuition fees ordinarily payable to the school in respect of children at the stage of education reached by the child;
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 38, 87, 129 and 151; 1967, Nos. 24, 111, 148 and 168, 1968, Nos. 49, 50, 62, 63, 111 and 154; 1969, Nos. 6, 13, 53, 67, 97, 112, 118, 131, 132 and 169; and 1970, Nos. 5 and 46.
25080.70—Price 8c 9/1.12.1970
(b) boarding fees;
(c) an entrance fee payable upon a child being accepted as a student or boarder at the school; and
(d) other fees or charges, being school fees or charges that parents are required to pay to the school in respect of the attendance of their children at the school.
“(2c.) For the purpose of sub-regulation (2a.) of this regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for part only of a school year, is an amount equal to the sum of—
(a) the amount ascertained in accordance with the formula , where—
a is the number of school-days in the part of the school year during which the child attends the school as a boarder;
b is the sum of the amounts paid or payable by the member, in relation to the attendance of the child at the school as a boarder during the part of the year, by way of tuition fees, being tuition fees ordinarily payable to the school in respect of children who arc at the same stage of their education as the child, and boarding fees: and
c is the number of school-days in the period during which the child would be entitled to attend the school as a boarder upon payment of those tuition fees and boarding fees; and
(b) any amounts paid or payable by the member, in relation to the attendance of the child at the school during the part of the year, in respect of the matters referred to in paragraphs (c) and (d) of the last preceding sub-regulation.
“(2d.)Where a child of a member attends a school otherwise than as a boarder for a period less than a complete school term, the amount of education allowance payable in relation to the attendance of the child is the amount of Two hundred and twenty-six dollars sixty-seven cents or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.
“(2e.) For the purpose of the last preceding sub-regulation, the prescribed amount in relation to a child of a member who attends a school otherwise than as a boarder for period less than a complete school term is an amount ascertained in accordance with the formula , where—
a is the number of school-days in the period;
b is the amount of Two hundred and twenty-six dollars sixty-seven cents; and
c is the number of school-days in the term.
“(2f.) in sub-regulations (2c.) and (2e.) of this regulation, ‘school-day’, in relation to a school, means a day on which tuition is ordinarily given to students at the school.”.
(2.) Education allowance is payable in accordance with regulation 131 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school during the year that commenced on the first day of January, 1970, or during any subsequent year.
Child education allowance
3.—(1.) Regulation 159 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2.) the words “One thousand two hundred and five dollars” and inserting in their stead the words “ One thousand three hundred dollars”;
(b) by omitting from paragraphs (b) and (c) the words “Two hundred and eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and twenty-six dollars sixty-seven cents”; and
(c) by inserting after sub-regulation (2.) the following sub-regulations:—
“(2a.) Where a child of a member attends a school as a boarder for the whole or a part of a school year, the amount of child education allowance payable in relation to the attendance of the child is the amount of One thousand three hundred dollars or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.
“(2b.) For the purpose of the last preceding sub-regulation, the prescribed amount, in relation to a child of a member who attends a school as a boarder for the whole of a school year, is an amount equal to the sum of any amounts paid or payable by the member, in relation to the attendance of the child at the school during the year, by way of—
(a) tuition fees, being tuition fees ordinarily payable to the school in respect of children at the stage of education reached by the child;
(b) boarding fees;
(c) an entrance fee payable upon a child being accepted as a student or boarder at the school; and
(d) other fees or charges, being school fees or charges that parents are required to pay to the school in respect of the attendance of their children at the school.
“(2c.) For the purpose of sub-regulation (2a.) of this regulation, the prescribed amount in relation to a child of a member who attends a school as a boarder for part only of a school year, is an amount equal to the sum of—
(a) the amount ascertained in accordance with the formula , where—
a is the number of school-days in the part of the school year during which the child attends the school as a boarder;
b is the sum of the amounts paid or payable by the member, in relation to the attendance of the child at the school as a boarder during the part of the year, by way of tuition fees, being tuition fees
ordinarily payable 10 the school in respect of children who are at the same stage of their education as the child, and boarding fees; and
c is the number of school-days in the period during which the child would be entitled to attend the school as a boarder upon payment of those tuition fees and boarding fees; and
(b) any amounts paid or payable by the member, in relation to the attendance of the child at the school during the part of the year, in respect of the mailers referred to in paragraphs (c) and (d) of the last preceding sub-regulation.
“(2d.) Where a child of a member attends a school otherwise than as a boarder for a period less than a complete school term the amount of child education allowance payable in relation to the attendance of the child is the amount of Two hundred and twenty-six dollars sixty-seven cents or, if that amount is greater than the prescribed amount in relation to the child, an amount not less than the prescribed amount in relation to the child.
“(2e.) For the purpose of the last preceding sub-regulation, the prescribed amount, in relation 10 a child of a member who attends a school otherwise than as a boarder for a period less than a complete school term is an amount ascertained in accordance with the formula , where—
a is the number of school-days in the period;
b is the amount of Two hundred and twenty-six dollars sixty-seven cents; and
c is the number of school-days in the term.
“(2f.) In sub-regulations (2c.) and (2e.) of this regulation, ‘school-day’, in relation to a school, means a day on which tuition is ordinarily given to students at the school.”.
(2.) Child education allowance is payable in accordance with regulation 159 of the Military Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school during the year that commenced on the first day of January, 1970, or during any subsequent year.
Printed by Authority by the Government Primer of the Commonwealth of Australia