Naval Financial Regulations 1926 (Amendment)

STATUTORY RULES.

1944. No. 121.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1941 AND THE NAVAL DEFENCE ACT 1910-1934.*

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 1903-1941 and the Naval Defence Act 1910-1934.

Dated this twenty-second day of August, 1944.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

Amendments of the Naval Financial Regulations.†

Lodging allowance—Annual rate.

1. Regulation 40 of the Naval Financial Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) In any case where, on and after the third day of September, 1939, Lodging Allowance at the annual rate is, or has been, paid and the officer resides, or resided, or is, or was, able to reside at his own home, the rate of allowance payable shall be the rate prescribed by sub-regulations (1.) and (4.) of this regulation less the amount of Marriage Allowance (if any) paid to the officer”.

2. After regulation 41 of the Naval Financial Regulations the following regulation is inserted:—

Marriage allowance during the present war Rates of

“41a.—(1.) Notwithstanding anything contained in regulation 41 of these Regulations, during the present war in which His Majesty is engaged, a married member may, subject to this regulation, be paid

* Notified in the Commonwealth Gazette on     , 1944.—Seventy-                                           amendment.

† Statutory Rules 1926, No. 198, as amended by Statutory Rules 1927, Nos. 23, 59 and 102; 1928, Nos. 18, 49, 87 and 138; 1929, Nos. 35, 64, 90 and 136; 1930, Nos. 30, 88 and 153; 1931, Nos. 52 and 97; 1932, Nos. 32, 33, 78 ad 89; 1933, Nos. 5, 50, 100 and 130; 1934, Nos. 32, 44, 58, 108 and 118; 1935, Nos. 6, 27, 86, 110 and 135; 1936, Nos. 40, 70, 77, 118 and 159; 1937, Nos. 5, 51 and 80; 1938, Nos. 17, 47, 66, 92, 116 and 121; 1939, Nos. 28, 53, 70, 71 and 131; 1940, Nos. 3, 124, 209, 225 and 254; 1941, Nos. 22, 89, 152, 285 and 308; 1942, Nos. 27, 95, 116, 117, 284, 336 and 544; 1943, No. 217; and 1944, Nos. 10, 27, 37, 95 and 96.

3297.—Price 5d.          9/4.8.1944.

Marriage Allowance in accordance with such of the following scales as is appropriate to his rank or rating:—

Scale 1.—Lieutenant-Commanders and Officers of Higher Rank.

(2.) The total maximum rate of active pay plus Marriage Allowance payable to an officer (other than a Chaplain) below the rank of

Lieutenant-Commander shall not exceed the sum of the ‘on promotion’ rate of active pay plus Marriage Allowance payable to a Lieutenant-Commander of his Branch or relative Branch.

(3.) A Chaplain shall not, in any case, be paid an amount of Marriage Allowance in excess of the sum which would raise his total emoluments above the total of the ‘on promotion’ rate of active pay plus Marriage Allowance payable to a Lieutenant-Commander.

(4.) The allowance prescribed by this regulation shall be payable in accordance with such conditions as are determined by the Naval Board and, if, in any case, special circumstances exist or occur which, in the opinion of the Naval Board, so warrant, the Board may reduce the allowance to a rate less than the rate prescribed by this regulation or any rate previously approved or may disallow or cancel the whole of the allowance.

(5.) In this regulation—

‘child’ means, in relation to any member, any person under the age of sixteen years, wholly or partly maintained by the member, who is his son, daughter, step-son, step-daughter or legally adopted child, and includes his ex-nuptial child and any child in respect of whom no deed of adoption has been executed by the member but who, the Naval Board is satisfied, is treated in all respects as his legally adopted child; and

‘separated’ means, in relation to the wife of a member, living apart from the member in pursuance of a decree, judgment, order or deed of separation or by reason of desertion by either party, or in circumstances which, in the opinion of the Naval Board, are analogous thereto;

‘wife’ does not include the deceased, separated or divorced wife of a member.

3. After regulation 42 of the Naval Financial Regulations the following regulation is inserted:—

Dependant allowance during the present war.

“42a.—(1.) Notwithstanding anything contained in regulation 42 of these Regulations, during the present war in which His Majesty is engaged, an officer of the rank of Lieutenant or lower rank or a rating may, subject to this regulation, be paid, in respect of his dependants, Dependant Allowance in accordance with such of the following scales as is appropriate to his rank or rating:—

Scale 1.—Lieutenants, Sub-Lieutenants and Acting Sub-Lieutenants.

Scale 2.—Commissioned Officers from Warrant Rank, Warrant Officers and Ratings.

(2.) A Chaplain shall not, in any case, be paid an amount of Dependant Allowance in excess of the sum which would raise his total emoluments above the total of the ‘on promotion’ rate of active pay plus Marriage Allowance payable to a Lieutenant-Commander.

(3.) Where the wife of an officer of higher rank or relative rank than a Lieutenant is deceased, separated or divorced, the Naval Board may approve of payment to that officer of an allowance, in respect of his child or children, at a rate not exceeding the rate prescribed by this regulation as payable to a Lieutenant in respect of one dependant.

(4.) Dependant Allowance shall be payable in accordance with such conditions as are determined by the Naval Board and, if, in any case, special circumstances exist or occur which, in the opinion of the Naval Board, so warrant, the Board may reduce the allowance to a rate less than the rate prescribed by this regulation or any rate previously approved or may disallow or cancel the whole of the allowance.

(5.) Where a dependant is not wholly dependent upon the member, the Naval Board shall have regard to the degree of dependence in determining the rate of allowance payable under this regulation.

(6.) The Naval Board may approve of Marriage and Dependant Allowances being paid concurrently:

Provided that the total of the allowances paid in respect of any member shall not exceed—

(a) in the case of two dependants, 7s. 6d. per diem,

(b) in the case of three dependants, 9s. 6d. per diem,

plus 1s. 6d. per diem in respect of each dependant in excess of three.

(7.) The total maximum rate of active pay plus Marriage Allowance and Dependant Allowance payable to an officer below the rank of Lieutenant-Commander shall not exceed the sum of the ‘on promotion’ rate of active pay plus Marriage Allowance payable to a Lieutenant-Commander of his Branch or relative Branch.

(8.) In this regulation—

‘child’ has the same meaning as in regulation 41a of these Regulations;

‘dependant’ means, in relation to any member, any of the following persons:—

(a) his father, mother, brother, sister or dependent female, or

(b) his child, if his wife is deceased, separated or divorced,

who is residing in Australia and who is wholly or partly maintained by the member and includes any other person who, the Naval Board is satisfied, is substantially dependent upon the member;

‘dependent female’ means, in relation to any member, any woman who, for a period of not less than six months prior to his enlistment or appointment, lived with him as his wife, though not legally married to him;

‘separated’ has the same meaning as in regulation 41a of these Regulations”.

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.