Naval Financial Regulations

STATUTORY RULES.

1956. No. 88.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.

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 Naval Defence Act 1910-1952.

Dated this first

day of December,  1956.

W. J. Slim

GOVERNOR-GENERAL

By His Excellency’s Command,

NAVAL FINANCIAL REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Naval Financial Regulations.

Repeal.

2.—(1.) The Statutory Rules specified in the First Schedule to these Regulations are repealed.

(2.) The repeal effected by the last preceding sub-regulation does not affect the previous operation of the repealed Regulations or anything duly done or suffered under the repealed Regulations.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-8).

Part II.—Pay and Allowances—Officers.

Division 1.—Officers other than Cadet Midshipmen (Regulations 9-27).

Division 2.—Cadet Midshipmen (Regulations 28-30).

Part III.—Pay and Allowances—Men.

Division 1.—Men other than Apprentices (Regulations 31-78).

Division 2.—Apprentices (Regulation 79).

Part IV.—Allowances and Payments—Officers and Men.

Division 1.—Marriage, Living Out and Related Allowances (Regulations 80-95).

Division 2.—Oversea Living Allowances (Regulations 96-106).

Division 3.—Allowances and Payments payable by reason of service in Certain Areas and Countries (Regulations 107-112).

* Notified in the Commonwealth Gazette on , 1956.

5961/55.—Price 3s. 6d. 10/17.9.1956.

Division 4.—Higher Duties Allowance (Regulations 113-116).

Division 5.—Miscellaneous Allowances (Regulations 117-122).

Part V.—Charges and Deductions from Pay (Regulations 123-133).

Part VI.—Miscellaneous Payments and Supplies (Regulations 134-150).

Part VII.—Deferred Pay and Gratuities.

Division 1.—Deferred Pay (Regulations 151-157).

Division 2.—Gratuities (Regulations 158-160).

Part VIII.—Victualling (Regulations 161-167).

Part IX.—Uniforms and Clothing (Regulations 168-184).

Part X.—Travel at Departmental Expense.

Division 1.—General (Regulations 185-197).

Division 2.—Allowances in respect of Travel on Duty (Regulations 198-211).

Division 3.—Fares and Travelling Expenses of Entrants (Regulations 212-215).

Division 4.—Leave Travel Concessions (Regulations 216-230).

Division 5.—Removals within Australia (Regulation 231).

Division 6.—Passages (Regulations 232-243).

Part XI.—Medical and Dental Treatment (Regulation 244).

Part XII.—Absence on the Ground of Illness (Regulation 245).

Part XIII.—Furlough and Extended Leave (Regulations 246-250).

Part XIV.—Women’s Royal Australian Naval Service (Regulations 251-259).

Part XV.—Loan and Exchange Personnel (Regulations 260-262).

Part XVI.—Miscellaneous (Regulations 263-269).

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“acting member” or “acting officer”, in relation to the performance of the duties of a position that is temporarily vacant, means the member or the officer, as the case requires, who is temporarily performing those duties;

“Apprentice” means a man who is undergoing the first four years of a course of apprenticeship training;

“approving authority” means the Naval Board, or an officer appointed to be an approving authority under regulation 113 of these Regulations;

“authority of a State” has the same meaning as in the Commonwealth Employees’ Furlough Act 1943-1953;

“Board of Medical Survey” means a board consisting of two or more naval medical officers appointed by the senior naval officer of a command, a ship or a naval establishment to report on the medical condition of, and recommend as to the future disposal of, a member;

“Cadet Midshipman, normal entry” means a Cadet Midshipman who is undergoing a course of three years’ training at the College;

“Cadet Midshipman, matriculation entry” means a Cadet Midshipman who is undergoing a course of less than one year’s training at the College;

“checked sick” means checked sick on the records of a ship or naval establishment;

“child”, in relation to a member, means—

(a) the child (not being an ex-nuptial child) or the stepchild of the member; or

(b) the legally adopted child of the member, who is under the age of sixteen years;

“commanding officer” means the officer in actual command of a ship or naval establishment;

“Commonwealth Medical Officer” means a Commonwealth Medical Officer of the Department of Health;

“consolidated rate of pay” means a rate of pay under regulation 15 of these Regulations;

“court order allotment” means an allotment referred to in sub-regulation (3.) or (5.) of regulation 80 of these Regulations;

“detached duty”, in relation to a member, means duty in a ship or naval establishment other than a ship or naval establishment to which he is appointed or drafted;

“engage”, in relation to the service of a man in the Permanent Naval Forces, means engage to serve in those Forces for the first time;

“executive officer” means an officer of the Executive Branch of the Permanent Naval Forces;

“full rate”, in relation to marriage allowance, means the rate payable under sub-regulation (2.) of regulation 80 of these Regulations;

“harbour craft” means a vessel that is not liable in the ordinary course of naval duty to be ordered to sea;

“home” means—

(a) in relation to marriage allowance, separation allowance or provision allowance—a house, including a section of a house, or a flat, occupied by a member as a place of residence for himself and his children, and does not include a boarding or a lodging house, or an establishment that, in the opinion of the Naval Board, is similar to a boarding house or a lodging house; and

(b) in relation to any other allowance payable to a married member—the residence in which the wife or children of the member in respect of whom marriage allowance is payable are established by the member during the currency of the member’s appointment or draft;

“intended”, in relation to the period of an appointment, draft or transfer, means intended by the Naval Board;

“living in”, in relation to a member, means that the member is provided with Service victuals and accommodation, and “live in” has a corresponding meaning;

“living out”, in relation to a member, means that the member has permission to provide his own meals or accommodation or both or to reside in a Service residence, and “live out” has a corresponding meaning;

“lodgings” means accommodation other than Service accommodation;

“long leave” means a period of leave exceeding seventy-two hours;

“major war vessel” means a war vessel determined by the Naval Board to be a major war vessel;

“man” means a male person serving in the Permanent Naval Forces and holding a rating of or below that of Chief Petty Officer;

“married member” means—

(a) a member eligible for the full rate of marriage allowance; or

(b) a member in receipt of a consolidated rate of pay—

(i) who is married, is not separated from his wife and maintains his wife;

(ii) who is widowed, or deserted by his wife, and voluntarily maintains his children; or

(iii) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains, his children;

“member” means an officer or a man serving in the Permanent Naval Forces;

“Observer Training Scheme” means the Scheme for the training of members of the Permanent Naval Forces as Observers;

“officer” includes a branch officer and a subordinate officer;

“oversea” means outside the Australia Naval Station;

“pay seniority” means seniority for the purposes of pay calculated in accordance with conditions determined by the Naval Board under regulation 8 of these Regulations;

“qualifying allotment” means an allotment made under regulation 84 of these Regulations;

“rank” includes acting rank and relative rank;

“rating” includes acting rating and relative rating;

“re-engage”, in relation to the service of a man or a service-woman in the Permanent Naval Forces, means undertake, immediately after the expiration, or during the currency, of a period of service in those Forces, to serve for a further period in those Forces;

“re-enter”, in relation to the service of a man or a servicewoman in the Permanent Naval Forces, means entry in those Forces after prior service in those Forces, but not during, or immediately after the expiration of, that prior service;

“relative rank” includes acting relative rank;

“relative rating” includes acting relative rating;

“Royal Navy” means Her Majesty’s naval forces other than naval forces raised in a Dominion;

“separation”, in relation to a member, means—

(a) a legal separation effected by a judgment, order or decree of a court of competent jurisdiction; and

(b) any marital relationship in respect of which an order for maintenance is made by a court of competent jurisdiction, other than a divorce or an annulment of marriage,

and “separated” has a corresponding meaning;

“Service residence” means—

(a) a residence owned by the Department; or

(b) any other residence declared by the Naval Board to be a Service residence,

that is provided for occupation by a married member and his family;

“servicewoman” means a member of the Women’s Service other than an officer of that Service;

“ship” or “Australian ship” means a ship or vessel of the Royal Australian Navy;

“short leave” means a period of leave not exceeding seventy-two hours;

“short term duty visit” means—

(a) a visit to a country outside the Australia Naval Station by a member who remains appointed or drafted to a ship or naval establishment within that Station; or

(b) a visit to a country outside both the Australia Naval Station and the United Kingdom by a member who remains appointed to one of Her Majesty’s ships based in, or in a naval establishment in, the United Kingdom;

“sick on shore” in relation to a member, means where the member is unable to return to his ship or naval establishment on account of sickness;

“small craft” means a vessel determined by the Naval Board to be a small craft;

“subordinate officer” includes an officer holding the rank of Acting Sub-Lieutenant, Midshipman or Cadet Midshipman;

“supply officer”, in relation to a ship or naval establishment, means the officer of the Supply and Secretariat Branch in charge, under the commanding officer, of cash, victualling and clothing duties in that ship or establishment;

“the College” means the Royal Australian Naval College;

“the Department” means the Department of the Navy, and “departmental” has a corresponding meaning;

“the Naval Board” means the Board of Administration for the Naval Forces called the Naval Board and constituted under section 7 of the Naval Defence Act 1910-1952;

“the Naval Officer-in-Charge” means the naval officer appointed in charge of naval establishments within a specified area;

“the New Guinea area” means the Territory of New Guinea as described in the Second Schedule to the Papua and New Guinea Act 1949-1954 and the Territory of Papua as described in the Third Schedule to that Act;

“the Service” means the Permanent Naval Forces, and “Service” has a corresponding meaning;

“the Women’s Service” means the Women’s Royal Australian Naval Service;

“time of peace” means any time other than a time of war.

(2.) A reference to Her Majesty’s ships or naval establishments does not include a reference to ships or naval establishments of a Dominion.

(3.) A reference to service or duty in the United Kingdom is a reference to service or duty on the staff of the Royal Australian Naval Liaison Officer, London, in one of Her Majesty’s ships based in the United Kingdom, in one of Her Majesty’s naval establishments in the United Kingdom or as the Senior Defence Representative, London.

(4.) A reference to “sea” is a reference to waters determined to be open waters by the Naval Board.

Application of Regulations.

5.—(1.) Except as provided by Part XV. of these Regulations, the provisions of these Regulations do not apply to or in relation to a member of the Royal Navy or Royal New Zealand Navy serving on loan or exchange with the Royal Australian Navy.

(2.) Except as provided by Part XIV. of these Regulations, the provisions of these Regulations do not apply to or in relation to a member of the Women’s Service.

(3.) These Regulations do not apply to or in relation to a member of the Papua and New Guinea Division of the Royal Australian Navy.

Certain determinations, &c., subject to approval of Treasurer.

6.—(1.) Where by the provisions of the regulations specified in the Second Schedule to these Regulations it is provided that a matter may be determined, directed or approved by the Minister, the Minister for

Defence or the Naval Board, the determination, direction or approval of the Minister, the Minister for Defence or the Naval Board, as the case requires, is subject to the approval of the Treasurer.

(2.) Where by the provisions of the regulations specified in the Second Schedule to these Regulations it is provided that a matter or the exercise of a power or function is dependent upon the opinion, belief or state of mind of the Naval Board that opinion, belief or state of mind is subject to the approval of the Treasurer.

(3.) For the purposes of this regulation, “the approval of the Treasurer” includes an approval by such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.

Commencement and cessation of pay and allowances.

7.—(1.) Subject to the next succeeding sub-regulation, the credit to an officer or a man of pay and allowances under these Regulations—

(a) commences on the day upon which he takes up duty in the Permanent Naval Forces; and

(b) ceases at the end of the day upon which the termination of his appointment, or his discharge, as the case may be, becomes effective.

(2.) In such circumstances as are determined by the Naval Board, the pay and allowances of a man shall commence from a date before the date of his taking up duty calculated in accordance with such conditions as are determined by the Naval Board.

Seniority for the purpose of pay.

8. Seniority for the purpose of pay shall be calculated in accordance with such conditions as are determined by the Naval Board.

Part II.—Pay and Allowances—Officers.

Division 1.—Officers other than Cadet Midshipmen.

Officers’ General List—Active Pay.

9.—(1.) The daily rates of active pay payable to General List officers of the Executive, Engineering, Electrical, Instructor, Naval Ordnance Design and Inspection, and Supply and Secretariat Branches, and to officers of the Medical and Dental Branches, other than Surgeon Lieutenants and Surgeon Lieutenants (D), are the rates specified respectively, in relation to the rank that the officer holds and his pay seniority, in the Third Schedule to these Regulations.

(2.) Where an officer is promoted from the Branch List to the rank of Lieutenant on the General List and the amount of active pay payable under regulation 14 of these Regulations to an officer of the Branch List of the same rank and pay seniority as he held on the day immediately before his promotion is higher than the amount payable under the last preceding sub-regulation, he shall be paid the higher amount but shall not be eligible for active pay under the last preceding sub-regulation.

(3.) Where, in the case of a man appointed Acting Sub-Lieutenant, the amount of active pay payable under Division 1 of Part III. of these Regulations to a man of the same rating and pay seniority as he held on

the day immediately before his appointment together with any allowance payable continuously under regulation 42, 43, 44, 48, 50, 51, 69 or 70 of these Regulations to a man eligible for the same allowances is higher than the amount of active pay payable under sub-regulation (1.) of this regulation together with any flying pay payable under regulation 24 of these Regulations and any surveying pay payable under regulation 25 of these Regulations, the appointee shall be paid the higher amount but shall not be eligible for active pay under sub-regulation (1.) of this regulation or to flying pay or surveying pay.

(4.) Where, in the case of a man appointed Midshipman under the Observer Training Scheme, the amount of active pay together with Good Conduct Badge Pay payable under Division 1 of Part III. of these Regulations to a man of the same rating and pay seniority as he held on the day immediately before his appointment is higher than the amount of active pay payable under sub-regulation (1.) of this regulation, the appointee shall be paid the higher amount but shall not be eligible for active pay under sub-regulation (1.) of this regulation.

Surgeon Lieutenant and Surgeon Lieutenant (D)—Active Pay.

10. The daily rate of active pay payable to a Surgeon Lieutenant or a Surgeon Lieutenant (D) is the rate specified, in relation to his pay seniority, in the following table:—

Medical and dental officers—special allowance.

11.—(1.) Subject to the next succeeding sub-regulation, in addition to active pay, a special allowance at the rate specified, in relation to the rank that the officer holds, in the following table is payable to an officer of the Medical Branch or the Dental Branch:—

(2.) An allowance under the last preceding sub-regulation is not payable to a Surgeon Lieutenant promoted on probation from the rank of Sub-Lieutenant (U) who holds a position as a resident medical officer at a hospital.

Chaplains—Active Pay.

12. The daily rate of active pay payable to a Chaplain is the rate specified, in relation to his pay seniority as a Chaplain, in the following table:—

Senior Chaplain’s allowance.

13. In addition to active pay in accordance with the last preceding regulation, an allowance, called “Senior Chaplain’s allowance”, is payable to a Senior Chaplain with less than twenty-four years pay seniority—

(a) in the case of a Senior Chaplain with less than twenty-two years’ pay seniority—at the rate of Three shillings per day; and

(b) in the case of a Senior Chaplain with not less than twenty-two years’ pay seniority—at the rate of Two shillings and sixpence per day.

Officers of Branch List and officers of Naval Dockyard Police—Active pay.

14. The daily rates of active pay payable to Branch officers and officers of the Naval Dockyard Police are the rates specified respectively, in relation to the rank that the officer holds and his pay seniority in that rank, in the Fourth Schedule to these Regulations.

First Naval Member, Rear Admiral and Commodore, First class—Rates of pay.

15.—(1.) The First Naval Member of the Naval Board shall be paid a consolidated rate of pay at such rate as the Minister for Defence determines.

(2.) A Vice-Admiral, not being the First Naval Member, shall be paid a consolidated rate of pay of Four thousand one hundred and fifty pounds per annum.

(3.) A Rear-Admiral and a Commodore, First Class, shall be paid a consolidated rate of pay of Four thousand and seventy-four pounds per annum.

(4.) An officer to whom this regulation applies is not eligible to be paid active pay or allowances under this Part, Division 1 of Part IV. or Part IX. of these Regulations, except as specifically prescribed by those Parts or that Division.

Pay on promotion.

16. When an officer is promoted to a higher rank, the rate of active pay prescribed as payable to an officer of the rank to which he is promoted is payable from and including the date upon which his promotion takes effect.

Officer on Half-pay List.

17. All officer placed on the Half-pay List shall be paid one-half of the daily rate of active pay prescribed by these Regulations as payable to an officer of his rank and pay seniority, but he shall not be credited with deferred pay or any allowance in respect of the period for which he remains on the Half-pay List.

Rates of command money.

18. Subject to the next two succeeding regulations, an allowance, called “command money”, is payable to an officer at the rate specified in the following table in respect of the appointment or rank that the officer holds:—

Command money—officers who are eligible for.

19.—(1.) Command money is payable to an officer of the Executive Branch who holds the rank of Commodore, Second Class, or a lower rank if—

(a) he is appointed in command or temporary command of a ship in commission that is maintained in a state fit to proceed to sea under its own power at forty-eight hours’ notice and is liable to be ordered to do so;

(b) he is appointed in command or temporary command of a group of ships of a kind referred to in the last preceding paragraph;

(c) he is—

(i) appointed in command or temporary command of a harbour craft; or

(ii) placed temporarily in command, without formal appointment, of a harbour craft; or

(d) he is in command of a ship, of or above cruiser status, that is in tow and out of commission.

(2.) Command money is not payable to an officer referred to in paragraph (b) of the last preceding sub-regulation unless the command is exercised wholly from a ship that is liable to be ordered to proceed to sea or the administrative authority certifies that the major part of the officer’s duties is performed at sea.

(3.) Command money is payable to an officer referred to in paragraph (c) of sub-regulation (1.) of this regulation only in respect of a period at sea where the period of the voyage is of more than twenty-four hours’ duration or where the ship is at sea overnight.

(4.) Where an officer is promoted, any increase in the rate of command money payable to him takes effect from and including the day on which he becomes eligible for the pay of the rank to which he is promoted.

(5.) The rate of command money payable under this regulation to an officer appointed in temporary command of a ship is that appropriate to—

(a) the lowest rank of officer eligible to command the ship in accordance with its complement; or

(b) the rank of the officer, if he holds a rank higher than the rank referred to in the last preceding paragraph,

but an officer holding a rank below Captain shall not be paid a rate higher than Fourteen shilling per day.

(6.) In this regulation, “administrative authority” means the officer appointed by the Naval Board to be the administrative authority in relation to a ship or group of ships.

Conditions of payment of command money.

20.—(1.) Subject to this Division, command money is payable to an officer from and including the day upon which he assumes the command in respect of which command money is payable to and including the day upon which he relinquishes that command.

(2.) Where an officer who is receiving command money is absent from duty on leave of absence or while checked sick, command money continues to be payable during the period of absence if—

(a) during that period another officer is not appointed to the command in respect of which command money is payable; and

(b) he resumes the command on the expiration of the period of leave of absence or sickness.

(3.) Upon a change in command, command money is payable, in respect of the day upon which the supersession takes place or any other period of overlap, only to the officer who relinquishes the command.

Entertaining allowance.

21.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “entertaining allowance”, is payable to an officer who holds an appointment specified in the following table at the rate specified in that table in relation to that appointment and the rank that he holds:—

(2.) Subject to the succeeding provisions of this regulation, entertaining allowance is payable to an officer from and including the day upon which he assumes command in the appointment in respect of which the allowance is payable to and including the day upon which he relinquishes that command.

(3.) Where an officer who is receiving entertaining allowance is absent from duty on leave of absence or while checked sick, the allowance continues to be payable during the period of absence if—

(a) during that period another officer is not appointed to the command in respect of the appointment to which the allowance is payable; and

(b) he resumes duty in the appointment on the expiration of the period of leave of absence or sickness.

(4.) Upon a change in command, entertaining allowance is payable, in respect of the day upon which the supersession takes place or any other period of overlap, only to the officer who relinquishes the command.

(5.) Where an officer is promoted, any increase in the rate of entertaining allowance payable to him takes effect from and including the day he becomes eligible for the pay of the rank to which he is promoted.

(6.) The rate of entertaining allowance payable under this regulation to an officer appointed in temporary command of a ship or establishment is that appropriate to—

(a) the lowest rank of officer eligible to command the ship or establishment in accordance with its complement; or

(b) the rank of the officer, if he holds a rank higher than the rank referred to in the last preceding paragraph.

Entertainment of visitors.

22.—(1.) Where persons visit a ship or establishment on the Australia Naval Station in an official capacity and are the guests of a wardroom mess at a meal or meals, or for refreshments, that mess shall, subject to sub-regulation (3.) of this regulation, be reimbursed an amount in respect of those meals or refreshments at the rate of Four shillings per person for a meal and refreshments, or, if refreshments only are served, One shilling and sixpence per person.

(2.) Where persons visit a ship in an official capacity at a port outside the Australia Naval Station and are guests of a wardroom mess at a meal or meals, or for refreshments, the mess shall, subject to the next succeeding sub-regulation, be reimbursed in respect of the meals or refreshments at such rate as the Naval Board approves.

(3.) Where only one official visitor is the guest of a wardroom mess, the mess shall not be reimbursed except with the approval of the Naval Board.

Table money.

23.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “table money”, is payable to the Flag Officer appointed to the command of the Fleet and to the Flag Officer-in-Charge, East Australian Area, at such rate as the Minister, on the recommendation of the Naval Board, approves.

(2.) Subject to the next succeeding sub-regulation, table money is payable only in respect of a period during which the flag or broad pendant of the officer is flying within the limits of his station or during his absence from the station on duty.

(3.) Table money becomes payable on the day on which the flag officer sets up his mess after taking up duty at his station.

(4.) Payment of table money in respect of an absence from duty for a continuous period exceeding forty-eight hours is subject to such conditions as are determined by the Naval Board.

Flying pay.

24. An allowance, called “flying pay”, is payable, at such rates and subject to such conditions as are approved by the Naval Board, to officers of the Executive Branch who are qualified, or who are training to qualify, as Service Pilots or Observers.

Surveying pay.

25.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “surveying pay”, is payable to an officer appointed to surveying duties.

(2.) The rate of surveying pay payable to an officer qualified to take charge of a survey and appointed as a Surveyor is the rate specified in the following table in relation to the rank that he holds:—

(3.) The rate of surveying pay payable to an officer appointed as an Assistant Surveyor is the rate specified in the following table in relation to the grade of appointment that he holds:—

(4.) Surveying pay becomes payable on the day on which an appointment to the Surveying Service takes effect and is payable while the officer remains so appointed, including any period for which he is employed on surveying duties outside the Surveying Service.

(5.) Where an officer is absent from duty on account of sickness, surveying pay is not payable in respect of any period of absence that exceeds ninety-one consecutive days or that occurs after the date of a decision of the Naval Board not to re-employ the officer in the Surveying Service.

Pilotage allowance.

26. An allowance, called “pilotage allowance”, is payable to officers in respect of pilotage duties at such rates and subject to such conditions as the Naval Board determines.

Submarine pay—officers.

27.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “submarine pay”, is payable at the rate of Four shillings per day to an officer who holds the rank of Lieutenant-Commander or a lower rank, including the rank of Senior Commissioned Officer or Commissioned Officer on the Branch List, and—

(a) is a qualified submarine officer;

(b) is under training to become a qualified submarine officer; or

(c) proceeds to sea in a submarine for a specific duty.

(2.) Subject to the next succeeding sub-regulation, submarine pay is payable to an officer referred to in paragraph (a) of the last preceding sub-regulation only while he holds an appointment as part of the crew or spare crew of a submarine or is appointed for duty with submarines or as a submarine staff officer.

(3.) If an officer referred to in paragraph (a) of sub-regulation (1.) of this regulation is absent from duty on account of sickness, submarine pay is not payable in respect of any period of absence that exceeds ninety-one consecutive days, but—

(a) where the Naval Board decides not to re-employ the officer in the Submarine Service and determines that his sickness is not attributable to conditions peculiar to service in submarines—submarine pay is not payable in respect of any period that occurs after the date of the decision; or

(b) where the Naval Board determines that the officer’s sickness is due to a cause within his own control—submarine pay is not payable in respect of any period of the absence.

(4.) Submarine pay is payable to an officer referred to in paragraph (b) or (c) of sub-regulation (1.) of this regulation in respect of each day on which he is at sea in the submarine excepting any period of absence from duty owing to sickness.

Division 2.—Cadet Midshipmen.

Cadet Midshipmen, normal entry in their first year of training at the College.

28.—(1.) This regulation applies only to Cadet Midshipmen, normal entry, who are in the course of serving their first year at the College.

(2.) A Cadet Midshipman to whom this regulation applies shall not be credited with active pay.

(3.) An allowance, called “pocket money”, is payable at the rate of Five shillings per week to a Cadet Midshipman to whom this regulation applies, except during a College vacation or during a period in respect of which his pocket money is stopped for disciplinary reasons.

(4.) In addition to pocket money payable under the last preceding sub-regulation, and subject to the next two succeeding sub-regulations, an allowance, called “good conduct allowance”, is payable at the rate of Sixpence per week after the expiration of six months of his first College year to a Cadet Midshipman to whom this regulation applies whose conduct is uniformly exemplary.

(5.) The question of whether the conduct of a Cadet Midshipman is such as to justify the payment of a good conduct allowance under the last preceding sub-regulation shall be determined by the Commanding Officer of the College.

(6.) A good conduct allowance may be stopped or reduced by the Commanding Officer of the College if, in his opinion, the conduct of the Cadet Midshipman is such as to warrant the stoppage or reduction.

(7.) A Cadet Midshipman to whom this regulation applies is not eligible to be paid a living out allowance in respect of any period for which he is absent from the College.

(8.) Where a Cadet Midshipman to whom this regulation applies—

(a) travels to his home on leave during the College vacation; and

(b) the journey to his home or the return journey to the College occupies a period of six hours or more,

travelling allowance is payable to him, in respect of the period of the journey, at the rate payable under Division 2 of Part X. of these Regulations to a subordinate officer.

Other Cadet Midshipmen.

29.—(1.) A Cadet Midshipman who entered the College before the first day of January, 1956, may be paid, in respect of such period of his training as a Cadet Midshipman as the Naval Board determines—

(a) pocket money; or

(b) active pay,

at such rates, and subject to such conditions, as the Naval Board determines.

(2.) A Cadet Midshipman who entered the College before the first day of January, 1956, may be paid such allowances at such rates, and subject to such conditions, as the Naval Board determines.

(3.) The pay account of a Cadet Midshipman (other than a Cadet Midshipman referred to in the last preceding regulation) who entered

the College on or after the first day of January, 1956, shall be credited with active pay at the rate specified in relation to his type of entry, stage of training and age, in the following table:—

(4.) From the active pay (if any) of a Cadet Midshipman, an amount of One shilling and sixpence per day shall be retained as an accumulating credit in the pay account of the Cadet Midshipman.

(5.) Where a Cadet Midshipman is in receipt of active pay, the costs of replacement of clothing, boot repairs, hair-cutting, laundry and also the cost of extra messing, being the difference between the amount of victualling allowance that may be credited in respect of a Cadet Midshipman who is not in receipt of active pay and the amount of victualling allowance that may be credited in respect of the member, under Part VIII. of these Regulations, shall be charged against his pay account.

(6.) Notwithstanding anything in these Regulations, a Cadet Midshipman while serving at the College and eligible for a credit of active pay shall be permitted to draw from the balance standing at his credit in his pay account after the deduction of the accumulating credit referred to in sub-regulation (4.) of this regulation and the charges referred to in the last preceding sub-regulation only such amount, not exceeding Seven shillings and sixpence per week, as the Commanding Officer of the College approves.

(7.) When a Cadet Midshipman passes out of the College, the balance standing at his credit in his pay account, other than the accumulated credit referred to in sub-regulation (4.) of this regulation, is payable to him.

(8.) When a Cadet Midshipman is promoted to Midshipman, the accumulated credit referred to in sub-regulation (4.) of this regulation is payable to him.

(9.) If the service of a Cadet Midshipman is terminated, the balance standing at his credit in his pay account, including the accumulated credit referred to in sub-regulation (4.) of this regulation, is payable to him.

Cadet Captains’ allowance.

30. The following allowances are payable in addition to any pocket money, active pay or allowance payable under the last preceding regulation:—

Cadet Captain—One shilling per week.

Senior Cadet Captain—Two shillings per week.

Chief Cadet Captain—Two shillings and sixpence per week.

Part III.—Pay and Allowances—Men.

Division 1.—Men other than Apprentices.

Men—General Scale of active pay.

31.—(1.) The daily rate of active pay of a man of the Seaman Branch, the Regulating Branch, the Communications Branch, the Engineering Mechanic Branch, the Writer Branch, the Stores Branch, the Sick Berth Branch, the Musician Branch, the Butcher Branch, the Sailmaker Branch, the Cook Branch, the Steward Branch, the Naval Airman Mechanic Branch, the Naval Airman Branch, the Printer Branch, the Electrical Branch or the Dental Assistant Branch is the rate specified, in relation to the rating that the man holds and his age or pay seniority in that rating, in the Fifth Schedule to these Regulations.

(2.) A Recruit (Junior Musician) or a Junior Musician under the age of seventeen years shall be allowed to draw only such part of his pay as the Commodore Superintendent of Training approves and the remainder of the pay shall be credited to him in his pay account until he attains the age of seventeen years.

Artificer Branches—active pay.

32. The daily rate of active pay of a man of the Engine Room Artificer Branch, the Electrical Artificer Branch, the Ordnance Artificer Branch, the Aircraft Artificer Branch or the Naval Shipwright Branch is the rate specified, in relation to the rating that the man holds and, where specified, his pay seniority in that rating, in the Sixth Schedule to these Regulations.

Mechanician Branches—active pay.

33.—(1.) Subject to the next succeeding sub-regulation, the daily rate of active pay of a man of the Mechanician Branch or the Aircraft Mechanician Branch is the rate specified, in relation to the rating that the man holds and his pay seniority in that rating, in the Seventh Schedule to these Regulations.

(2.) The daily rate of active pay of an Aircraft Mechanician, Third Class, a Mechanician Second Class or an Aircraft Mechanician Second Class is the rate prescribed by regulation 31 of these Regulations as payable to a Petty Officer with his pay seniority.

(3.) Where a Chief Air Fitter is included in the course for Aircraft Mechanician, he shall during that course and while serving as an Aircraft Mechanician, First Class, continue to receive the pay of a Chief Air Fitter appropriate to his pay seniority in that rating.

Artisan and Mechanic Branches—active pay.

34.—(1.) The daily rate of active pay of a man of the Blacksmith Branch, the Plumber Branch, the Painter Branch, the Joiner Branch or the Dental Mechanic Branch is the rate specified, in relation to the rating that the man holds and his pay seniority in that rating, in the Eighth Schedule to these Regulations.

(2.) The daily rate of active pay of a man of the Naval Airman Fitter Branch is the rate specified, in relation to the rating that the man holds and his pay seniority in that rating, in the Ninth Schedule to these Regulations.

Naval Airman (Aircrew) Branch—active pay.

35.—(1.) Subject to the next succeeding sub-regulation, the daily rate of active pay of a man of the Naval Airman (Aircrew) Branch is the rate specified, in relation to the rating that the man holds and his age or pay seniority in that rating, in the Tenth Schedule to these Regulations.

(2.) Where a man is transferred from another Branch to the Naval Airman (Aircrew) Branch and the amount of active pay that would have been payable to him if he had continued to hold the rating held by him immediately before his transfer is higher than the amount payable under the last preceding sub-regulation, he shall be paid the higher amount.

Naval Dockyard Police entered on or after 28th March, 1951.

36.—(1.) This regulation applies to a Constable who entered the Naval Dockyard Police on or after the twenty-eighth day of March, 1951, and who—

(a) entered the Naval Dockyard Police after a break in service of over five years; or

(b) on the date of his discharge from the Naval Forces or his transfer held the rating of Able Seaman,

until, under the succeeding provisions of this regulation, a rate of active pay prescribed by the next succeeding regulation becomes payable.

(2.) Subject to the succeeding provisions of this regulation, the daily rate of active pay of a Constable to whom this regulation applies is the rate specified, in relation to his pay seniority in that rating, in the following table:—

(3.) Active pay at the minimum rate prescribed by the next succeeding regulation is payable to a Constable to whom this regulation applies from and including the day after the day on which his pay

seniority totals twelve years, and his pay seniority for the purpose of further advancement under that regulation shall be deemed to commence on the day upon which that rate of active pay becomes payable.

(4.) When a constable to whom this regulation applies—

(a) has pay seniority totalling six years or more; and

(b) has passed the qualifying examination for the Naval Dockyard Police,

active pay is payable to him at the rate prescribed by the next succeeding regulation for a constable with six years’ pay seniority, and for the purpose of further advancement under that regulation shall be deemed to have six years’ pay seniority on the day active pay becomes so payable.

Naval Dockyard Police—active pay—Sergeants and Constables.

37.—(1.) This regulation applies to a Sergeant or Constable of the Naval Dockyard Police—

(a) who entered the Naval Dockyard Police before the twenty-eighth day of March, 1951;

(b) who entered the Naval Dockyard Police on or after that date and who—

(i) before his entry had no break in service or a break in service of five years or less; and

(ii) on the date of his discharge from the Naval Forces or his transfer held the rating of Leading Seaman or a higher rating; or

(c) to whom active pay under this regulation has become payable in accordance with sub-regulation (3.) or (4.) of the last preceding regulation.

(2.) Subject to the succeeding provisions of this regulation, the daily rate of active pay of a Sergeant or Constable of the Naval Dockyard Police to whom this regulation applies is the rate specified, in relation to his rating and his pay seniority in that rating, in the following table:—

(3.) A Constable who did not hold a rating higher than Leading Seaman or a relative rating in the Naval Forces is not eligible to be paid a rate of active pay higher than that payable under the last preceding sub-regulation to a Constable with four years’ pay seniority Unless—

(a) he, while serving as Leading Seaman, passed the qualifying examination for Petty Officer and had no subsequent break of service of over five years; or

(b) he, while serving as a Constable, passed the qualifying examination in the Naval Dockyard Police and his pay seniority as a Constable is at least six years.

(4.) Where a Constable passes the qualifying examination for advancement to the rate of active pay payable to a Constable with six years’ pay seniority, his pay seniority shall not date from an earlier date than six years before the date on which he passed that examination.

Man lent from Permanent Naval Forces (Sea-going).

38. Where a Chief Petty Officer or a Petty Officer of the Permanent Naval Forces (Sea-going) is lent for service with the Naval Dockyard Police, active pay and allowances at the rates prescribed as payable to a man of his rating and pay seniority in the Permanent Naval Forces (Sea-going) are payable to him in respect of the period of the loan as if he had not been lent for that service.

Command of tenders allowance.

39.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “command of tenders allowance”, is payable at the rate of One shilling per day to a man in respect of a period for which he is in command of a tender employed otherwise than in attending on a ship or on a naval establishment.

(2.) Command of tenders allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(3.) Where command of tenders allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the same command while the allowance continues to be so payable.

(4.) Command of tenders allowance is not payable without the approval of the Naval Board.

Cook (Senior) allowance.

40.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Cook (Senior) allowance”, is payable at the rate of One shilling per day to a man of the Cook (S) Branch employed under the general mess system in charge of cooking for at least two hundred and fifty men where a Senior Commissioned Cookery Officer or a Commissioned Cookery Officer is not borne in the ship or naval establishment.

(2.) Cook (Senior) allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(3.) Where Cook (Senior) allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the same ship or naval establishment while the allowance continues to be so payable.

Coxswain allowance.

41.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Coxswain allowance”, is payable at the rate of One shilling per day to a Chief Petty Officer or a Petty Officer employed as a Coxswain, Submarine Coxswain or Surveying Coxswain where allowed by the complement of the ship or naval establishment.

(2.) Coxswain allowance is not payable to a member in respect of a period for which—

(a) he is in hospital or sick on shore; or

(b) he is in receipt of higher qualification allowance.

(3.) Coxswain allowance is not payable to an Admiral’s Coxswain or to a Coxswain or a Submarine Coxswain borne in a depot ship.

Diver’s allowance.

42.—(1.) An allowance, called “diver’s allowance”, is payable to a diver holding the rating of Leading Seaman or a lower rating at such rate and subject to such conditions as the Naval Board determines.

(2.) In this regulation, “diver” has the same meaning as in regulation 117 of these Regulations.

Engine Room Unit Watchkeeping Certificate allowance.

43. An allowance, called “Engine Room Unit Watchkeeping Certificate allowance”, is payable at the rate of One shilling per day—

(a) to a man holding the rating of Engine Room Artificer, Fourth Class, Mechanician, First Class, or a higher rating, who is qualified to take charge of a unit in the engine room of a ship; and

(b) to a man holding the rating of Aircraft Artificer, Third Class, or a higher rating, who was transferred from the rating of Engine Room Artificer, Third Class, or a higher rating before the thirtieth day of May, 1952, and who was qualified for a Watchkeeping Certificate before the date of his transfer.

Engine Room Charge Certificate allowance.

44. An allowance, called “Engine Room Charge Certificate allowance”, is payable at the rate of One shilling per day—

(a) to a man holding the rating of Chief Engine Room Artificer or Chief Mechanician who is qualified to take charge of the engines of a small ship; and

(b) to a man holding the rating of Engine Room Artificer or Mechanician who is qualified to take charge of the engines of a small ship while eligible for higher duties allowance.

Charge of machinery allowance.

45.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “charge of machinery allowance”, is payable—

(a) at the rate of One shilling per day to a man holding the rating of Chief Engine Room Artificer, Engine Room Artificer, Chief Mechanician or Mechanician in respect of a period for which he is in charge of the propelling machinery of a ship in sea-going commission with a full or special complement; and

(b) at the rate of Sixpence per day to a man holding an engine room rating other than Engine Room Artificer or Mechanician in respect of a period for which he is in charge of the machinery of a small craft the indicated horse-power or brake horse-power of which exceeds one hundred horse-power.

(2.) Charge of machinery allowance is not payable—

(a) in the case of a ship in commission with a reserve crew or a ship refitting—without the approval of the Naval Board; and

(b) in the case of a harbour craft which is maintained in reserve or which is not commissioned as a tender with a separate crew—except in respect of a period at sea where the period of the voyage is of more than twenty-four hours duration or where the craft is at sea overnight.

(3.) Charge of machinery allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Senior Engineer’s allowance.

46.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Senior Engineer’s allowance”, is payable at the rate of One shilling per day to a man holding the rating of Chief Engine Room Artificer, Engine Room Artificer, Chief Mechanician or Mechanician in respect of a period for which he performs the duties of senior engineer in a sea-going ship in commission with a full or special complement where the complement provides for the rank of Commander (E) without alternative.

(2.) Senior Engineer’s allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Engineer Officer’s Writer allowance.

47.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Engineer Officer’s Writer allowance”, is payable at the rate of Sixpence per day—

(a) to a man holding the rating of Engineering Mechanic who is qualified as an Engineer Officer’s Writer; or

(b) where a man qualified as an Engineer Officer’s Writer is not available, to a man holding the rating of Engineering Mechanic who is not qualified as an Engineer Officer’s Writer and who is selected by the Engineer Officer, with the approval of the commanding officer, to act in the duties of Engineer Officer’s Writer,

in respect of a period for which he performs the duties of Engineer Officer’s Writer in a ship the complement of which provides for an Engineer Officer’s Writer.

(2.) Engineer Officer’s Writer allowance is not payable—

(a) in the case of a member entitled to the allowance under paragraph (b) of the last preceding sub-regulation—for a period in excess of twelve consecutive months; and

(b) in the case of any member—in respect of a period for which the member is in hospital or sick on shore.

Good Conduct Badge Pay.

48.—(1.) An allowance, called “Good Conduct Badge Pay”, is payable to a man—

(a) who has not less than four years’ service and who holds one Good Conduct Badge—at the rate of Fourpence per day;

(b) who has not less than eight years’ service and who holds two Good Conduct Badges—at the rate of Eightpence per day; and

(c) who has not less than twelve years’ service and who holds three Good Conduct Badges—at the rate of One shilling per day.

(2.) For the purpose of the last preceding sub-regulation, “service” means such service as is approved by the Naval Board.

Higher fire control allowance.

49.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “higher fire control allowance”, is payable to a man of the Regulating, Musician, Stores, Writer, Cook or Steward Branches in respect of a period for which he is engaged on duties in the fire control system which require special knowledge and ability—

(a) in the case of a man qualified as Higher Grade—at the rate of Sixpence per day; and

(b) in the case of a man qualified as Lower Grade—at the rate of Threepence per day.

(2.) Higher fire control allowance is not payable—

(a) unless—

(i) a higher fire control rating is allowed by the complement for the duties;

(ii) the commanding officer, on the recommendation of the Gunnery Officer, certifies that the man is competent to perform the duty; and

(iii) the ship is in full commission; or

(b) in respect of a duty for which a Gunnery rating is provided by the complement and borne.

(3.) Higher fire control allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(4.) Where higher fire control allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the same higher fire control duties while the allowance continues to be so payable.

Master-at-Arms allowance.

50. An allowance, called “Master-at-Arms allowance”, is payable at the rate of One shilling per day to a man holding the rating of Master-at-Arms and to a man holding a lower rating who is in receipt of higher duties allowance while acting in the duties of Master-at-Arms.

Pilot’s Mate allowance.

51. An allowance, called “Pilot’s Mate Allowance”, is payable at the rate of One shilling per day to a man holding a certificate of competence as a Naval Airman Pilot’s Mate or a Leading Airman Pilot’s Mate.

Acting Schoolmaster’s allowance.

52.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Acting Schoolmaster’s allowance”, is payable at the rate of Eightpence per day to—

(a) a man who is directed to perform the duties of Acting Schoolmaster in a ship the complement of which provides for an Acting Schoolmaster;

(b) a man who is directed to perform the duties of Acting Schoolmaster in a ship or naval establishment the complement of which provides for an Instructor Officer during the absence (not being an absence on leave other than sick leave) of the Instructor Officer; and

(c) a man employed as Schoolmaster by direction of the Naval Board otherwise than in a sea-going ship.

(2.) Acting Schoolmaster’s allowance is not payable under paragraph (a) or (b) of the last preceding sub-regulation unless the commanding officer certifies—

(a) that the duties have been competently performed; and

(b) that the man has not neglected his normal duties.

(3.) Acting Schoolmaster’s allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(4.) Where Acting Schoolmaster’s allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the same duties in the ship or naval establishment while the allowance continues to be so payable.

Sick Berth Branch Specialist allowance.

53.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Sick Berth Branch Specialist allowance”, is payable at the rate of Sixpence per day to a man of the Sick Berth Branch qualified as a Laboratory Assistant, Operating Room Assistant, X-ray Assistant, Hygiene Inspector, Advanced Nurse, Chiropodist, Orthoptist, Occupational Therapist, Dispenser, Dietician, Mental Nurse, Masseur or in Naval Aviation Medicine in respect of a period for which he performs the duties in a ship or naval establishment the complement of which provides for a man performing those duties.

(2.) Sick Berth Branch Specialist allowance is not payable—

(a) in the case of a Masseur, unless he qualified or re-qualified as a Masseur within the period of three years immediately preceding the date of payment of the allowance; or

(b) in any other case, unless—

(i) the man has qualified in the duties; or

(ii) the Senior Medical Officer in the ship or naval establishment has certified that the man is competent in the duties,

within the period of three years immediately preceding the date of payment of the allowance.

(3.) Nothing in this regulation entitles a man to more than one Sick Berth Branch Specialist allowance at any one time.

(4.) Sick Berth Branch Specialist allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(5.) Where Sick Berth Branch Specialist allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the performance of the same duties while the allowance continues to be so payable.

Acting Wardmaster’s allowance.

54. Subject to the next succeeding sub-regulation, an allowance, called “Acting Wardmaster’s allowance”, is payable at the rate of Sixpence per day to—

(a) a Sick Berth Chief Petty Officer in respect of a period for which he acts as Wardmaster; and

(b) a Sick Berth Petty Officer in respect of a period exceeding seven days for which he acts as Wardmaster in a ship or naval establishment the complement of which provides for a Sick Berth Chief Petty Officer,

where the Naval Board so approves.

(2.) Acting Wardmaster’s allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Tailor’s allowance.

55.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Tailor’s allowance”, is payable at the rate of Fourpence per day to a man of the Seaman Branch in respect of a period for which he performs the duties of Tailor at Flinders Naval Depot (when provided for by the complement) and employed on alteration of uniform kits of recruits.

(2.) Tailor’s allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Air Engineer Officer’s Writer allowance.

56.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Air Engineer Officer’s Writer allowance”, is payable at the rate of Sixpence per day to a man of the Naval Airman Mechanic Branch qualified as an Air Engineer Officer’s Writer in respect of a period for which he performs the duties of Air Engineer Officer’s Writer.

(2.) Air Engineer Officer’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Air Gunnery Officer’s Writer allowance.

57.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Air Gunnery Officer’s Writer allowance”, is payable at the rate of Sixpence per day to a Naval Airman Mechanic (O) qualified as an Air Gunnery Officer’s Writer in respect of a period for which he performs the duties of Air Gunnery Officer’s Writer.

(2.) Air Gunnery Officer’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Boom Defence Officer’s Writer allowance.

58.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Boom Defence Officer’s Writer allowance”, is payable at the rate of Sixpence per day to a man of the Seaman Branch holding the rating of Able Seaman or a lower rating who is qualified in Boom Defence in respect of a period for which he performs the duties of Boom Defence Officer’s Writer in a ship or naval establishment the complement of which provides for a man performing those duties.

(2.) Boom Defence Officer’s Writer allowance is not payable to a member in respect of a period for which be is in hospital or sick on shore.

Captain’s Writer allowance.

59.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Captain’s Writer allowance”, is payable at the rate of Sixpence per day to a man, other than a man of the Writer Branch or Stores Branch, in respect of a period for which he performs the duties of Captain’s Writer in a ship—

(a) which is an independent command; or

(b) which has a complement of not less than ninety officers and men, and a Supply Officer or a man of the Writer Branch is not borne.

(2.) Captain’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Commander (Air)’s Writer allowance.

60.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Commander (Air)’s Writer allowance”, is payable at the rate of Sixpence per day to a man of the Naval Airman (Aircraft Handler) Branch in respect of a period for which he performs the duties of Commander (Air)’s Writer with—

(a) the Commander (Air) in an aircraft carrier; or

(b) the Commander (Air) at a Naval Air Station at which another Commander carries out the duties of Executive Officer.

(2.) Commander (Air)’s Writer Allowance is not payable to a man in respect of a period for which he is in hospital or sick on shore.

Commander’s Office Writer.

61.—(1.) Subject to the next succeeding sub-regulation, an allowance called “Commander’s Office Writer allowance”, is payable at the rate of Sixpence per day to an Able Seaman, or where an Able Seaman is not available, to an Ordinary Seaman, in respect of a period for which he performs the duties of Commander’s Office Writer in the office of the Commander in a ship or naval establishment the complement of which provides for a Commander’s Office Writer, and in which a Commander is borne as second in command.

(2.) Commander’s Office Writer allowance is not payable to a member in respect of a period for which the member is in hospital or sick on shore.

Electrical Officer’s Writer allowance.

62.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Electrical Officer’s Writer allowance”, is payable at the rate of Sixpence per day to a man of the Electrical Branch in respect of a period for which he performs the duties of Electrical Officer’s Writer in a ship or naval establishment the complement of which provides for an Electrical Officer’s Writer.

(2.) Electrical Officer’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Gunnery Officer’s Writer allowance.

63.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Gunnery Officer’s Writer allowance”, is payable at the rate of Sixpence per day to an Able Seaman with a Gunnery qualification in respect of a period for which he performs the duties of Gunnery Officer’s Writer in a ship or naval establishment the complement of which provides for a Gunnery Officer’s Writer.

(2.) Gunnery Officer’s Writer allowance is not payable to a member in respect of a period for which the member is in hospital or sick on shore.

Navigator’s Yeoman allowance.

64.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Navigator’s Yeoman allowance”, is payable at the rate of Sixpence per day to an Able Seaman (R.P.3) or Ordinary Seaman (R.P.3) qualified as a Navigator’s Yeoman in respect of a period for which he performs the duties of Navigator’s Yeoman in a ship the complement of which provides for a Navigator’s Yeoman.

(2.) Navigator’s Yeoman allowance is not payable to a member in respect of a period for which the member is in hospital or sick on shore.

T.A.S. Officer’s Writer allowance.

65.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “T.A.S. Officer’s Writer allowance”, is payable at the rate of Sixpence per day to an Able Seaman (U.C.3) or (U.W.3) in respect of a period for which he performs the duties of T.A.S. Officer’s Writer in a ship or naval establishment the complement of which provides for a T.A.S. Officer’s Writer.

(2.) T.A.S. Officer’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

O.I.C. Observer School’s Writer allowance.

66.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “Officer in Charge Observer School’s Writer allowance”, is payable at the rate of Sixpence per day to a naval airman in respect of a period for which he performs the duties of Officer in Charge Observer School’s Writer as full-time duties in a naval establishment the complement of which provides for an Officer in Charge Observer School’s Writer.

(2.) Officer in Charge Observer School’s Writer allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Captain’s Secretary allowance.

67.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Captain’s Secretary allowance”, is payable at the rate of One shilling per day to a man of the Writer Branch or Stores Branch in respect of a period for which he performs the duties of Captain’s Secretary in a ship or naval establishment commanded by a Captain where the complement provides for a Supply Officer as the Captain’s Secretary but a Supply Officer is not borne.

(2.) Captain’s Secretary allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(3.) Where Captain’s Secretary allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the same ship or naval establishment while the allowance continues to be so payable.

In charge of accounts allowance.

68.—(1.) Subject to the next succeeding sub-regulation, an allowance, called “in charge of accounts allowance”, is payable at the rate of One shilling per day to the senior man of the Writer Branch or the Stores Branch in charge of accounts in a ship the complement of which does not provide for a Supply Officer and in respect of which the pay account records or independent provision and clothing accounts are rendered direct to the Naval Board.

(2.) In charge of accounts allowance is not payable to a member in respect of a period for which—

(a) he is in hospital or sick on shore; or

(b) he is in receipt of Captain’s Secretary allowance.

Shorthand typist allowance.

69. Subject to the approval of the Naval Board, an allowance, called “shorthand typist allowance”, is payable, after the completion of one year’s service after his date of entry or re-entry, to a man of the Writer Branch qualified as a shorthand typist—

(a) in the case of a man qualified as Higher Grade—at the rate of One shilling and sixpence per day; and

(b) in the case of a man qualified as Lower Grade—at the rate of Ninepence per day.

Higher qualification allowance.

70. An allowance, called “higher qualification allowance”, is payable at the rate of One shilling per day to—

(a) a man holding the rating of Chief Petty Officer or Petty Officer who is qualified to perform the duties of—

(i) Gunnery Instructor;

(ii) Torpedo Anti-Submarine Instructor (T) or Torpedo Anti-Submarine Instructor (D);

(iii) Staff Physical Training Instructor;

(iv) Plotting and Radar Instructor;

(v) Signal Instructor; or

(vi) Wireless Instructor; and

(b) a man who, immediately prior to the commencement of these Regulations and immediately prior to his transfer to the Electrical Branch, was in receipt of an allowance in respect of his qualification as Torpedo Instructor.

Bugler allowance.

71.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Bugler allowance”, is payable at the rate of Sixpence per day to an Ordinary Seaman qualified as a Bugler, when authorized by the Commodore Superintendent of Training.

(2.) Bugler allowance continues to be payable in respect of an absence from duty on account of sickness to the extent that the period of absence does not exceed a period of twenty-eight consecutive days.

(3.) Where Bugler allowance continues to be payable to a man under the last preceding sub-regulation, the allowance is not payable to another man in respect of the performance of the same duties as Bugler while the allowance continues to be so payable.

Acting Bugler allowance.

72.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “Acting Bugler allowance”, is payable at the rate of Sixpence per day to a man, other than a Musician Bugler, in respect of a period for which he performs the duties of Bugler in the absence of a Bugler in a ship or naval establishment the complement of which provides for a Bugler.

(2.) Acting Bugler allowance is not payable unless authorized by the commanding officer.

(3.) Acting Bugler allowance is not payable to a member in respect of a period for which he is in hospital or sick on shore.

Double bottoms pay.

73. An allowance, called “double bottoms pay”, is payable to a man in respect of work carried out in confined spaces at such rates, in such circumstances and subject to such conditions as are determined by the Naval Board.

Instructional flying pay.

74.—(1.) Subject to such conditions as are approved by the Naval Board, an allowance, called “instructional flying pay”, is payable at the rate of Three shillings per day to a man in respect of a period for which he undergoes a course to qualify as a Pilot or Observer.

(2.) Instructional flying pay is payable from and including the day the man commences actual flying training.

Flying bounty.

75. Where a man who has been seconded to the Naval Aviation Branch reverts to his general duty rating, an allowance, called “flying bounty”, of Twelve pounds per annum is payable to him for a period not exceeding four years, subject to his completing forty hours air crew duty per annum.

Aircrewman flying pay and Instructor allowance (Aircrewman).

76.—(1.) An allowance, called “Aircrewman flying pay”, is payable at such rates and subject to such conditions as are determined by the Naval Board to a man in respect of a period for which he undergoes training as, or is employed on the duties of, Aircrewman in the third seat of a three seater aircraft.

(2.) An allowance, called “Instructor allowance (Aircrewman)”, is payable at such rates and subject to such conditions as the Naval Board determines to a qualified Aircrewman in respect of a period for which he is employed as an instructor training Aircrewmen and not in receipt of Aircrewman flying pay under the last preceding sub-regulation.

Submarine pay.

77.—(1.) An allowance, called “submarine pay”, is payable to—

(a) a man who is qualified for service in submarines and belongs to the Submarine Branch; and

(b) a man who does not belong to that Branch but is at sea in a submarine for the purpose of performing a specific duty in the submarine,

at the rate specified, in rela tion to the rating that the man holds, in the following table:—

(2.) Submarine pay is not payable in respect of a period of absence from duty on account of sickness, except in the case of a man referred to in paragraph (a) of the last preceding sub-regulation whose sickness is not due to causes within his own control.

Re-engagement bonus.

78.—(1.) Subject to the succeeding provisions of this regulation, a bonus, called “re-engagement bonus”, of Fifty pounds is payable to a Chief Petty Officer or Petty Officer of the Permanent Naval Forces (Sea-going)—

(a) who, at the date of the commencement of a period of re-engagement referred to in paragraph (c) of this sub-regulation, had served continuously in those Forces for a period of at least twelve years;

(b) whose period of engagement or re-engagement was due to expire and did expire during the period from and including the first day of January, One thousand nine hundred and fifty-two, to and including the thirty-first day of December, One thousand nine hundred and fifty-two; and

(c) who commenced a period of re-engagement in those Forces during the period from and including the second day of January, One thousand nine hundred and fifty-two, to and including the first day of January, One thousand nine hundred and fifty-three,

at the end of each completed period of twelve months’ service of the period that the member re-engaged to serve.

(2.) Re-engagement bonus is not payable to a member whose transfer to the Naval Dockyard Police during the period of a re-engagement referred to in paragraph (c) of the last preceding sub-regulation was approved by the Naval Board prior to that re-engagement.

(3.) Re-engagement bonus is not payable in respect of any service rendered by a member after he has attained the age of fifty years.

(4.) Where a member attains the age of fifty years or is discharged from the Service before completing a period that he re-engaged to serve and the period that he actually serves before his attaining that age or his discharge includes a period of service in respect of which re-engagement bonus is not payable under the preceding provisions of this regulation by reason of that period of service being less than twelve completed months of service, a bonus of Four pounds three shillings and fourpence is payable in respect of each completed month of that period of service.

(5.) Where a member who re-engaged for further service as described by sub-regulation (1.) of this regulation is promoted to the status of an officer during the period that he re-engaged to serve, he remains eligible to receive payment of re-engagement bonus under this regulation in respect of that period as if he had not been promoted.

Division 2.—Apprentices.

Active pay and allowance.

79.—(1.) The pay account of an Apprentice shall be credited with active pay at the rate specified in relation to the stage of his training and his age in the following table:—

(2.) From the rate of active pay credited under the last preceding sub-regulation an amount of Two shillings and sixpence per week during the first year of his apprenticeship training and Five shillings per week during the second, third and fourth years of his apprenticeship training shall be retained as an accumulating credit in the pay account of the Apprentice.

(3.) When an Apprentice is advanced to the rating of Artificer Fifth Class or an equivalent rating or his service is terminated, the accumulated credit referred to in the last preceding sub-regulation is payable to him.

(4.) In addition to active pay, an allowance, called “personal expenses allowance”, is payable at the rate of Tenpence per day to an Apprentice.

Part IV.—Allowances and Payments—Officers and Men.

Division 1.—Marriage, Living Out and Related Allowances.

Marriage allowance.

80.—(1.) Subject to this Division, an allowance, called “marriage allowance”, is payable at the rate of Seven shillings and ninepence per day to members in accordance with the succeeding provisions of this regulation.

(2.) Marriage allowance is payable at the full rate to a member—

(a) who is married, is not separated from his wife and maintains his wife;

(b) who is widowed, or deserted by his wife, and voluntarily maintains his children; or

(c) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains, his children.

(3.) Where—

(a) a member is separated from his wife;

(b) there is an order of a court against the member for the maintenance of his wife or children at a rate exceeding Eleven shillings and sevenpence per day; and

(c) an allotment in satisfaction of the court order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(d) the amount by which the rate of the court order exceeds Eleven shillings and sevenpence per day; or

(e) the full rate of marriage allowance,

whichever is the less.

(4.) Where the marriage of a member has been terminated by divorce or has been annulled and there are no children of the marriage or the annulled marriage, marriage allowance is not payable to the member.

(5.) Where—

(a) the marriage of a member has been terminated by divorce or has been annulled;

(b) the member’s former wife has custody of the children of the marriage or the annulled marriage;

(c) there is an order of a court against the member for the maintenance of his former wife and the children of the marriage or the annulled marriage or the maintenance of those children at a rate exceeding Eleven shillings and sevenpence per day; and

(d) an allotment in satisfaction of the court order has been made by the member and is in force,

marriage allowance is payable to the member at a rate equivalent to—

(e) the amount by which the rate of the court order exceeds Eleven shillings and sevenpence per day; or

(f) the full rate of marriage allowance, whichever is the less.

(6.) Where a member has married more than once, the provisions of this regulation authorize payment of marriage allowance only in respect of the last marriage in respect of which he is eligible for an allowance in accordance with the preceding provisions of this regulation.

(7.) For the purposes of this regulation, where a member has custody of a child of his marriage (including a marriage which has been terminated by divorce or which has been annulled), he shall be deemed to have the custody of his children.

Maximum marriage allowance payable.

81. Nothing in this Division shall be deemed to entitle a member to payment of marriage allowance at more than the full rate prescribed by the last preceding regulation.

Application for marriage allowance.

82. Marriage allowance is not payable to a member unless he submit to his commanding officer an application in accordance with the Form in the Eleventh Schedule or the Twelfth Schedule, as the case requires, to these Regulations, making a declaration before a commissioned officer of the Permanent Naval Forces, and giving an undertaking, in the form included in that Form.

Commencement of payment of marriage allowance.

83.—(1.) Where a member is married at the time of his entry into the Service and, on entry, authorizes payment of a qualifying allotment or a court order allotment from and including the beginning of the first fortnightly pay period after the date of his entry, marriage allowance is payable from and including the date of his entry.

(2.) Where a member marries after his entry into the Service and authorizes payment of a qualifying allotment from and including the beginning of the first complete fortnightly pay period after the date of his marriage, marriage allowance is payable from and including the date of his marriage.

(3.) Where a member marries after his entry into the Service and authorizes payment of a qualifying allotment from and including the beginning of a pay period after that specified in the last preceding

sub-regulation, marriage allowance shall, subject to the next succeeding sub-regulation, be paid from and including such date, not being earlier than the date of the marriage or a later date not more than three months before the beginning of the pay period in respect of which he authorized payment of the allotment, as the supply officer approves.

(4.) Payment of arrears of marriage allowance under the last preceding sub-regulation shall not be made unless the member authorizes payment of the amount of those arrears direct to his wife.

(5.) Except as provided by the preceding provisions of this regulation, marriage allowance is payable from the beginning of the fortnightly pay period during and in respect of which the payment of a qualifying allotment or a court order allotment is authorized.

Qualifying allotment for payment of full rate of marriage allowance.

84.—(1.) Except as otherwise expressly provided by this Division, the full rate of marriage allowance is not payable unless the member authorizes payment to his wife, or to an appropriate person approved by the Naval Board, of an allotment of—

(a) not less than a rate of Nineteen shillings and fourpence per day in the case of a member to whom, while living in, separation allowance is not payable; or

(b) not less than a rate of One pound three shillings and four-pence per day in the case of a member to whom, while living in, separation allowance is payable.

(2.) A person shall not be deemed to be an appropriate person for the purposes of the last preceding sub-regulation unless that person has the care of the member’s children or there are circumstances that, in the opinion of the Naval Board, justify that person being considered an appropriate person.

(3.) The Naval Board may approve of the member’s wife and one or more appropriate persons, or of more than one appropriate person, for the purposes of an allotment under sub-regulation (1.) of this regulation, and the qualifying allotment may be made up by the sum of the allotments made to the respective approved persons.

(4.) Where, in the opinion of the Naval Board, there is no appropriate person to whom a member should make a qualifying allotment and the member is making adequate provision for the maintenance of his children, the Naval Board may waive the obligation of the member to make the allotment.

(5.) Where the obligation of a member to make a qualifying allotment is waived in pursuance of the last preceding sub-regulation, his failure to make the allotment does not affect his eligibility for payment of marriage allowance.

(6.) An allotment for the purposes of this regulation shall not be authorized in respect of a period earlier than the beginning of the pay period during which the member authorizes payment of the allotment.

Allotments free of exchange—members entered in the United Kingdom.

85.—(1.) This regulation applies to and in relation to a member who, having been entered in the United Kingdom, proceeds to Australia for his first period of service in Australia.

(2.) Subject to the next succeeding sub-regulation, where—

(a) the member has made a qualifying allotment which is payable in the United Kingdom; and

(b) his family remains in the United Kingdom after the embarkation of the member for Australia,

so much of the allotment as does not exceed the minimum rate of qualifying allotment applicable to the member shall be paid at its face value in sterling until the arrival of his family in Australia.

(3.) Payment of allotment in pursuance of the last preceding sub-regulation shall not be made—

(a.) where the member’s family does not intend to proceed to Australia; or

(b) after eighteen months after the date of the member’s arrival in Australia, unless the Naval Board otherwise approves.

(4.) The amount of any allotment paid in sterling under this regulation is deductible from the pay and allowances of the member only to the extent of the face value of that amount in Australian currency.

(5.) In this regulation, “family”, in relation to a member, means his wife or children in respect of whom marriage allowance is payable.

Allotments free of exchange—members returning to Australia after service in the United Kingdom.

86.—(1.) This regulation applies to and in relation to a member (other than a member to and in relation to whom the last preceding regulation applies) who returns to Australia after a period of service in the United Kingdom.

(2.) Subject to the next succeeding sub-regulation, where—

(a) the member has made a qualifying allotment which is payable in the United Kingdom; and

(b) his family is unable to travel to Australia with the member and remains in the United Kingdom,

so much of the allotment as does not exceed the minimum rate of qualifying allotment applicable to the member shall, in such circumstances as the Naval Board determines, be paid at its face value in sterling until the arrival of his family in Australia.

(3.) Payment of allotment in pursuance of the last preceding sub-regulation shall not be made unless the member’s family is unable to travel to Australia with the member owing to passage difficulties.

(4.) Payment of allotment in pursuance of sub-regulation (2.) of this regulation shall not be continued—

(a) if the member’s family does not proceed to Australia as soon as a passage can be arranged after the member’s embarkation for Australia; or

(b) after six months after the date of the member’s arrival in Australia,

unless, in the case of passage difficulties, the Naval Board approves of payment for an additional period not exceeding twelve months after the date of the member’s arrival in Australia.

(5.) Notwithstanding anything contained in sub-regulation (3.) or sub-regulation (4.) of this regulation, where circumstances exist which make the taking of a passage impracticable, the Naval Board may, in its discretion, approve the payment of allotment in pursuance of sub-regulation (2.) of this regulation for a period not exceeding twelve months after the date of the member’s arrival in Australia.

(6.) The amount of any allotment paid in sterling under this regulation is deductible from the pay and allowances of the member only to the extent of the face value of that amount in Australian currency.

(7.) In this regulation, “family” in relation to a member, means his wife or children in respect of whom marriage allowance is payable.

Termination of allotment.

87.—(1.) The payment of an allotment by a member shall be stopped—

(a) in respect of any period in respect of which active pay is not payable to him; and

(b) from and including the first day of the pay period during which he is discharged.

(2.) Stoppage of payment of an allotment in the circumstances referred to in paragraph (b) of the last preceding sub-regulation does not affect his eligibility for marriage allowance.

(3.) Nothing in sub-regulation (1.) of this regulation shall be deemed to prevent the Naval Board directing a payment in the nature of an allotment by a member as a condition for payment of an allowance to the member under regulation 91 of these Regulations.

Payment in accordance with an allotment after death.

88.—(1.) Where a member dies while on war service, payment in accordance with an allotment made by him may be continued for such period after his death as the Naval Board approves.

(2.) For the purpose of this regulation, “war service” has the same meaning as in Division 8 of Part III. of the Repatriation Act 1920-1955.

Separation allowance.

89.—(1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “separation allowance”, at the rate of Four shillings per day, in respect of any period for which the member lives in, but is not payable for any period in respect of which he qualifies for provision allowance.

(2.) Separation allowance is not payable to a member who is a widower or is deserted by, or separated or divorced from, his wife or whose marriage has been annulled, unless the member has children and maintains a home for them.

(3.) For the purpose of the last preceding sub-regulation, a member shall not be deemed to be deserted by his wife while he makes an allotment to her at a rate not less than the rate specified in paragraph (b) of sub-regulation (1.) of regulation 84 of these Regulations.

Provision allowance.

90. (1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “provision allowance”, at the rate of Four shillings per day, in respect of any period of seventy-two or more consecutive hours for which the member lives out or is on leave of absence immediately following a period of living in.

(2.) If a member who, on account of living out, is in receipt of provision allowance is directed to remain in a ship or naval establishment for duty and is provided with Service accommodation and victuals, provision allowance is payable for the period of duty if that period is less than seventy-two consecutive hours, but, if the period of duty is seventy-two or more consecutive hours, he shall be deemed to be living in and provision allowance is not payable in respect of any part of that period.

Member awaiting trial or undergoing imprisonment.

91.—(1.) The Naval Board may approve of payment of an allowance to a member while he is awaiting trial or is undergoing a period of imprisonment or detention or confinement in cells.

(2.) An allowance under the last preceding sub-regulation is subject to such conditions as the Naval Board determines and shall not exceed the sum of the rates of marriage allowance and separation allowance for which the member would otherwise be eligible under these Regulations when living in.

(3.) An allowance under sub-regulation (1.) of this regulation is not payable—

(a) to a member who has not married; or

(b) after the discharge of the member from, the Service.

Living out allowance—unmarried members.

92.—(1.) Subject to the next succeeding sub-regulation and to regulation 95 of these Regulations, a member who is not a married member shall be paid an allowance, called “living out allowance”, at the rate of Nine shillings and threepence per day in respect of any period of seventy-two consecutive hours or more during which he lives out and—

(a) he is supplied with neither Service accommodation nor victuals;

(b) he is supplied with Service accommodation but not victuals; or

(c) he is supplied with Service victuals but not accommodation.

(2.) If a member to whom living out allowance is payable is directed to remain in a ship or naval establishment for duty and is provided with Service accommodation and victuals for a period of less than seventy-two consecutive hours, payment of the allowance shall be continued in respect of that period, but if the period of duty is seventy-two or more consecutive hours, he shall be deemed to be living in and living out allowance is not payable in respect of any part of that period.

Living out away from home allowance—married members.

93.—(1.) Subject to the succeeding provisions of this regulation and to regulation 95 of these Regulations, a married member who is living out and is not living at his home may, for such period and subject to such conditions as the Naval Board determines, be paid an allowance,

called “living out away from home allowance”, at the rate per day specified in relation to his rank or rating, according to the circumstances of his case, in the following table:—

(2.) If a member to whom living out away from home allowance is payable is directed to remain in a ship or naval establishment for duty and is provided with Service accommodation and victuals for a period of less than seventy-two consecutive hours, payment of the allowance shall be continued in respect of that period, but if the period of duty is seventy-two or more consecutive hours, he shall be deemed to be living in and living out away from home allowance is not payable in respect of any part of that period.

(3.) Living out away from home allowance is not payable to a member unless he submits to his commanding officer an application in accordance with the Form in the Thirteenth Schedule to these Regulations, making a declaration before a commissioned officer of the Permanent Naval Forces, and giving an undertaking, in the form included in that Form and his commanding officer is satisfied that the member is maintaining his wife or children in his home and that he would, if serving in the locality of that home, be residing with her or them.

(4.) Living out away from home allowance is not payable to a member unless the member is unable, in the opinion of the Naval Board, to reside at his home through Service requirements.

(5.) Except in such circumstances as the Naval Board determines, living out away from home allowance is not payable to a member who is eligible under Division 5 of Part X. of these Regulations for a removal of his family to the locality in which he is serving.

(6.) In this regulation, “married member” does not include a member to whom separation allowance is not payable by virtue of sub-regulation (2.) of regulation 89 of these Regulations.

Retention of lodgings allowance.

94.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “retention of lodgings allowance”, is payable to a member to and in relation to whom this regulation applies.

(2.) Where—

(a) a member who is not a married member and is living out; or

(b) a married member who, through Service requirements, is occupying lodgings away from his home,

is absent from his lodgings while accommodated in hospital or on temporary duty at a place other than his normal place of duty and pays for the retention of his lodgings for the period of that absence, he shall be paid retention of lodgings allowance in respect of the period of that absence or thirty consecutive days, whichever is the less.

(3.) Where a married member who, through Service requirements, is occupying lodgings away from his home—

(a) is absent from his lodgings while on leave of absence with pay for a period exceeding seven consecutive days; and

(b) pays for the retention of his lodgings for the period of that absence,

he shall be paid retention of lodgings allowance in respect of the period of that absence.

(4.) Retention of lodgings allowance is payable at the rate of Three shillings and sixpence per day or at the same rate as the payments made by the member for retention of his lodgings, whichever is the less.

(5.) Retention of lodgings allowance is not payable unless the member produces to his commanding officer receipts for the payments made by him for the retention of his lodgings in respect of which the allowance is claimed.

General provisions relating to eligibility for certain allowances.

95.—(1.) Provision allowance is not payable to a married member in respect of any period for which he is paid living out away from home allowance, but, subject to sub-regulation (2.) of regulation 89 of these Regulations, he shall be paid separation allowance in respect of that period.

(2.) Where travelling allowance, shipboard allowance or oversea living out allowance is payable under these Regulations to a married member, provision allowance is payable concurrently, except that if the member is not accompanied by his wife, or his children, in respect of whom marriage allowance is payable, separation allowance, subject to sub-regulation (2.) of regulation 89 of these Regulations, is payable in lieu of provision allowance.

(3.) Where marriage allowance is payable under sub-regulation (3.) or sub-regulation (5.) of regulation 80 of these Regulations, the total of marriage allowance and living out allowance shall not exceed the sum of marriage allowance and provision allowance, and for this purpose the rate of living out allowance shall be reduced to such extent as is necessary.

(4.) Living out away from home allowance or living out allowance is not payable to a member in respect of any day on which—

(a) travelling allowance or meal allowance for three consecutive meals is payable to the member;

(b) the member is provided with meals at the expense of the Department on board a ship or on a train, aircraft or other conveyance;

(c) the member is accommodated at public expense in a hospital, prison, detention quarters or mental institution;

(d) retention of lodgings allowance is payable; or

(e) an oversea living allowance is payable under Division 2 of this Part.

(5.) A member who is serving oversea in a ship and does not qualify for oversea living out allowance shall, in respect of any period of not less than three days or more than twenty-eight days for which he is on leave of absence or living out in the United Kingdom, be paid living out allowance at the rate of Nine shillings and threepence per day.

(6.) A married member to whom living out away from home allowance is payable in respect of residence in the same locality immediately before and immediately after a period of not more than seven days leave of absence shall be paid that allowance and separation allowance in respect of the period of leave.

Oversea living out allowance.

Division 2.—Oversea Living Allowances.

96.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “oversea living out allowance”, is payable to a member appointed or drafted for duty in the United Kingdom in respect of a period for which he lives out in the United Kingdom while so appointed or drafted at the rate per day specified, according to his rank or rating and his marital and living conditions, in the following table:—

(2.) Where a member referred to in the last preceding sub-regulation—

(a) is temporarily absent from the place to which he is appointed or drafted; or

(b) is temporarily living in in an Australian ship or in one of Her Majesty’s ships or naval establishments, he may be paid oversea living out allowance at such rate, not exceeding the appropriate rate specified in the last preceding sub-regulation, for such period and subject to such conditions as the Naval Board determines.

(3.) Where a member is appointed or drafted for duty in the United Kingdom and is granted long leave in the United Kingdom, oversea living out allowance at the appropriate rate specified in sub-regulation (1.) of this regulation is payable in respect of the period of the leave.

(4.) Subject to the next succeeding sub-regulation, an allowance, called “oversea living out allowance”, is payable to a member in respect of a period for which he lives out in the United Kingdom from an Australian ship serving oversea at the rate per day specified, according to his rank or rating and his marital and living conditions, in sub-regulation (1.) of this regulation.

(5.) Oversea living out allowance is not payable—

(a) to a member entered in the United Kingdom in respect of any period following entry for which—

(i) he remains on the staff of the Royal Australian Naval Liaison Officer, London;

(ii) he is awaiting passage to Australia; or

(iii) he is undergoing a course of training before embarkation for Australia;

(b) in respect of any period of twenty-eight consecutive days or less for which a member lives out from an Australian ship serving oversea;

(c) in respect of a period of leave of absence from an Australian ship serving oversea; or

(d) to a member attending the Joint Services Staff College, Latimer, except in respect of a period for which the member is granted long leave.

Oversea living in allowance.

97.—(1.) Subject to the succeeding provisions of this regulation, an allowance, called “oversea living in allowance”, is payable—

(a) to a member—

(i) who having been appointed or drafted for duty in the United Kingdom or in one of Her Majesty’s ships, lives in in one of Her Majesty’s ships or in a naval establishment in the United Kingdom and is not a member to whom sub-regulation (4.) of this regulation applies; or

(ii) who is appointed or drafted to an Australian ship and temporarily lives in in one of Her Majesty’s ships or in a naval establishment in the United Kingdom,

in respect of the period for which he so lives in; and

(b) to a member attending the Joint Services Staff College, Latimer, in respect of a period for which he is provided with accommodation at that College.

(2.) Oversea living in allowance is payable at the rate per day specified, according to the rank or rating of the member and his marital condition, in the following table:—

(3.) Where a married member who, having been appointed or drafted for duty in the United Kingdom or in one of Her Majesty’s ships for an intended period of not less than two years, lives in in one of Her Majesty’s ships or in a naval establishment in the United Kingdom, and passages to the United Kingdom for his family have been granted under these Regulations or he married after his embarkation in Australia for the United Kingdom, the rate of allowance payable to him under this regulation, in respect of the period for which his family resides in the United Kingdom while he is so living in, is the same as the rate of oversea living out allowance that would be payable to him under sub-regulation (1.) of the last preceding regulation if he were living out in the United Kingdom.

(4.) Where a member referred to in sub-regulation (1.) of the last preceding regulation is temporarily living in in one of Her Majesty’s ships or naval establishments, he may be paid oversea living in allowance at such rate, not exceeding the appropriate rate specified in sub-regulation (2.) of this regulation, for such period and subject to such conditions as the Naval Board determines, and this allowance may be in addition to any oversea living out allowance paid to him under sub-regulation (2.) of the last preceding regulation.

(5.) Where a member referred to in sub-regulation (1.) of this regulation is eligible for travelling allowance under these Regulations, oversea living in allowance is payable to him for such period and at such rate as the Naval Board determines.

(6.) Oversea living in allowance is not payable—

(a) to a member entered in the United Kingdom in respect of a period following entry for which—

(i) he is on the staff of the Royal Australian Naval Liaison Officer, London;

(ii) he is awaiting passage to Australia; or

(iii) he is undergoing a course of training before embarkation for Australia; or

(b) in respect of a period for which a member is granted long leave.

(7.) Where a member appointed or drafted for duty in the United Kingdom is granted leave for a period of seventy-two hours while living in in one of Her Majesty’s ships or a naval establishment in the United Kingdom, oversea living in allowance is payable in respect of that period at such rate as the Naval Board determines.

(8.) Where a member lives in in one of Her Majesty’s ships or in a naval establishment in the United Kingdom during a course of training and a charge against the Department is made by the Admiralty in respect of the course, so much (if any) of the amount of the charge as represents his messing charge shall be deducted from the amount of the allowance otherwise payable to the member under this regulation.

(9.) In addition to oversea living in allowance under this regulation, an allowance, called “Latimer meal allowance”, may be paid to a member attending the Joint Services Staff College, Latimer, at such rate, for such period and subject to such conditions as the Naval Board determines.

(10.) Where a member referred to in sub-regulation (1.) of this regulation is in hospital, oversea living in allowance is payable to him at such rate as the Naval Board determines.

Child allowance.

98.—(1.) A married member who, having been appointed or drafted for duty in the United Kingdom for an intended period of not less than two years, is in receipt of either oversea living out allowance or oversea living in allowance under this Division shall be paid, in respect of the period for which the allowance is payable to him, an allowance, called “child allowance”, at the rate of Three shillings and sevenpence per day for each child who is maintained by him in the United Kingdom during that period.

(2.) In this regulation, “child” means—

(a) the child (not being an ex-nuptial child) or the stepchild of the member; or

(b) the legally adopted child of the member,

who is dependent upon the member and—

(c) is under the age of sixteen years; or

(d) being under the age of eighteen years, is an invalid or undergoing full-time education and is approved by the Naval Board for the purpose of this regulation.

Continuation of oversea living allowances after return of certain members to Australia.

99.—(1.) Where—

(a) a member has been appointed or drafted for duty in the United Kingdom and his family is eligible to be provided with a passage from the United Kingdom to Australia at the expense of the Department;

(b) he returns to Australia;

(c) his family do not accompany him to Australia; and

(d) immediately before his return an allowance was payable to him under regulation 96, sub-regulation (3.) of regulation 97 or regulation 98 of these Regulations,

the allowance remains, subject to the succeeding provisions of this regulation, payable to him, at the rate that would have been payable to him if he had remained in the United Kingdom, until the date of the earliest passage of his family to Australia that can be arranged.

(2.) The allowance under sub-regulation (3.) of regulation 97 of these Regulations remaining payable to a member by virtue of the last preceding sub-regulation remains payable at the rate by which the rate prescribed by sub-regulation (3.) of regulation 97 of these Regulations exceeds the rate prescribed by sub-regulation (2.) of that regulation.

(3.) An allowance under sub-regulation (1.) of this regulation shall not be paid for more than twenty-eight days unless the Royal Australian Naval Liaison Officer, London, otherwise approves.

(4.) Where the reasons for which the family of the member do not accompany the member on his return to Australia are other than Service reasons, an allowance does not remain payable under sub-regulation (1.) of this regulation, but the Naval Board may approve of payment to the member of an oversea living allowance at such rate and for such period as the Naval Board determines.

Additional United Kingdom allowance.

100.—(1.) Where a married member has been appointed or drafted for duty in the United Kingdom, and a passage at Commonwealth expense to the United Kingdom is not provided for his family or he is not reimbursed in respect of the cost of such a passage, an allowance, called “additional United Kingdom allowance”, is payable, in respect of the period of the member’s service in the United Kingdom, at the rate of Six shillings and threepence per day.

(2.) This regulation does not apply to or in relation to a member who marries after his embarkation in Australia for the United Kingdom.

(3.) Where, after a married member has taken up duty in the United Kingdom, a passage at Commonwealth expense to the United Kingdom is provided for his family under sub-regulation (2.) of regulation 234 of these Regulations, or he is reimbursed under regulation 235 of these Regulations in respect of the cost of such passage, he is liable to refund to the Department the amount of additional United Kingdom allowance paid to him before the provision of, or the reimbursement in respect of, the passage.

Dates of payment of oversea allowances.

101. An allowance payable to a member under the preceding provisions of this Division, other than an allowance under regulation 99 of these Regulations, is payable in respect of the day on which the member arrives in the United Kingdom, but is not payable in respect of the day on which the member departs from the United Kingdom for return to Australia.

Permanent accommodation.

102. In this Division, “permanent accommodation”, in relation to a member, means accommodation that the Royal Australian Naval Liaison Officer, London, considers suitable for the member to occupy during the period of the member’s duty in the United Kingdom.

Settling in allowance.

103.—(1.) Where a member is appointed or drafted for duty in the United Kingdom, an allowance, called “settling in allowance”, may be paid at such rate, for such periods and in accordance with such conditions as are determined by the Naval Board in respect of a period for which the member or his family occupies accommodation other than permanent accommodation.

(2.) In this regulation, “family” in relation to a member, means his wife (if any) and the children in respect of whom child allowance is payable under this Division.

Representation allowance.

104. Where oversea living out allowance is payable to an officer under regulation 96 of these Regulations, he may be paid an allowance, called “representation allowance”, at such rate, for such period and subject to such conditions as the Naval Board determines.

Allowances payable to other members serving oversea.

105. Where a member is appointed or drafted for duty oversea, otherwise than in one of Her Majesty’s ships or in a naval establishment in the United Kingdom, he may be paid an oversea living allowance and such other allowances as the Naval Board determines, at such rates and subject to such conditions as the Naval Board determines.

Members serving in H.M. ships.

106. Notwithstanding anything in this Division, a member is not, except with the approval of the Naval Board, eligible for allowances under this Division in respect of any period for which he is serving in one of Her Majesty’s ships that is operating with one or more of Her Majesty’s Australian ships or in waters adjacent to a naval establishment that is manned by personnel of the Royal Australian Navy.

Division 3.—Allowances and Payments payable by reason of service in
Certain Areas and Countries.

District allowance.

107.—(1.) In this regulation—

“isolated district” means—

(a) a locality in respect of which a district allowance is payable to officers of the Commonwealth Public Service under regulation 101 of the Public Service Regulations; or

(b) a locality that is determined to be an isolated district in pursuance of sub-regulation (3.) of this regulation;

“living in”, in relation to a member, means that the member is provided with victuals or accommodation by the Service, and “live in” has a corresponding meaning;

“living out”, in relation to a member, means that the member has permission to provide his own meals and accommodation or to reside in a Service residence, and “live out” has a corresponding meaning.

(2.) The grade in which an isolated district, being a locality referred to in paragraph (a) of the last preceding sub-regulation, is classified in pursuance of regulation 102 of the Public Service Regulations for the purpose of payment of district allowance under those Regulations shall be deemed to be the grade in which that isolated district is classified for the purpose of this regulation.

(3.) Where, in the opinion of the Naval Board, residence in a locality involves disadvantage or hardship owing to the distance of the locality from a centre of urban population, the severity of its climate or the cost of living in that locality, the Naval Board may—

(a) determine that that locality is an isolated district for the purpose of this regulation; and

(b) classify that isolated district in a grade corresponding with a classified grade referred to in the last preceding sub-regulation.

(4.) Subject to the succeeding provisions of this regulation, where a member is appointed or drafted for service in, and resides in, an isolated district, an allowance, called “district allowance”, is payable to the member, from and including the day upon which he arrives in that district to and including the day before the day he ceased to reside in that district, at the rate per day specified, according to the grade of the isolated district and his marital and living conditions, in the following table:—

(5.) For the purpose of this regulation—

(a) service in a ship other than a harbour craft referred to in the next succeeding paragraph shall be deemed not to be service in an isolated district; and

(b) service in a harbour craft permanently attached to an establishment in an isolated district shall be deemed to be service in the isolated district.

(6.) Where a member, while appointed or drafted for service in an isolated district, departs from that district—

(a) on recreation or compassionate leave, or sick leave with pay;

(b) for admission to hospital;

(c) on detached duty; or

(d) on service in a harbour craft temporarily placed in seagoing commission,

and is intended to resume duty in the isolated district, district allowance continues to be payable, subject to sub-regulation (7.) and (8.) of this regulation, in respect of the period of his temporary absence from the isolated district, at the rate that would have been payable to him if he had not departed from the district.

(7.) If, during a period of a member’s duty or service referred to in paragraph (c) or paragraph (d), of the last preceding sub-regulation, the member serves for a continuous period of more than thirty days in a locality other than an isolated district, district allowance ceases to be payable after expiration of the first thirty days of that period, unless the member’s family is residing in the isolated district; in that case the allowance continues, subject to the next succeeding sub-regulation, to be payable while the family so resides.

(8.) If, during a period of a member’s absence from an isolated district referred to in sub-regulation (6.) of this regulation, it is decided by the Naval Board that the member shall not return to that

district, district allowance at the rate payable to the member in respect of that isolated district ceases, subject to the next succeeding sub-regulation, to be payable from and including the day upon which the notification of that decision is issued.

(9.) Where the family of a member to or in relation to whom the last preceding sub-regulation applies is compelled by circumstances to remain in the isolated district after the date of the issue of the notification of appointment or of the draft note referred to in that sub-regulation, the Naval Board may approve of continuation of the allowance while the member’s family is so compelled to remain in that district.

(10.) Where a member is appointed or drafted for service in an isolated district and at the time of the appointment or draft he is serving in that district on detached duty while appointed or drafted to another isolated district, district allowance at the rate payable in respect of the district to which he is appointed or drafted for service is payable on and from the day upon which the notification of the appointment or the draft note is issued.

(11.) Where a member serving under an appointment or draft in an isolated district is appointed or drafted to another isolated district, district allowance at the rate payable to him in respect of his residence in the isolated district from which he is transferred remains payable to him to and including the day immediately before the day from and including which district allowance is payable in respect of the isolated district to which he is transferred.

(12.) Where a member lives out in an isolated district and is required to live in temporarily in that district, he shall, while he so lives in, be paid the rate of district allowance payable to him under this regulation while living out, but that rate of allowance ceases to be payable—

(a) in the case of a married member whose family resides in the district—if and when his family leaves the district; and

(b) in the case of any other member—after thirty days.

(13.) Notwithstanding anything in this regulation, where a member is eligible under the preceding provisions of this regulation for more than one rate of district allowance in respect of his and his family’s residence in different isolated districts at the same time, the higher rate of allowance only is payable.

Woomera allowance.

108.—(1.) An allowance, called “Woomera allowance,” is payable to—

(a) a member who, having been appointed or drafted for service at the Weapons Research Establishment, Woomera, serves at that Establishment; or

(b) a member who, not having been so appointed or drafted, serves at the Establishment for a continuous period exceeding thirty days,

at the rate of Five shillings and sixpence per day.

(2.) Subject to the succeeding provisions of this regulation, Woomera allowance is payable from and including the day of the member’s arrival at the Establishment to and including the day upon which he ceases duty at the Establishment.

(3.) Where a member to and in relation to whom sub-regulation (1.) of this regulation applies is absent from the Establishment on recreation or compassionate leave and is intended to resume duty at the Establishment on the completion of the leave, the allowance is payable in respect of the period of that absence.

(4.) Where a member to and in relation to whom sub-regulation (1.) of this regulation applies is absent from the Establishment on sick leave and is intended to resume duty at the Establishment on the completion of the leave, the allowance is payable in respect of—

(a) the period of that absence; or

(b) the first thirty consecutive days of that period,

whichever is the less.

(5.) Where a member to and in relation to whom sub-regulation (1.) of this regulation applies is absent from duty at the Establishment while receiving treatment in hospital and is intended to resume duty at the Establishment on the completion of the treatment, the allowance is payable in respect of the period for which he is in hospital, unless the hospital is outside the Establishment and the period for which he is in hospital exceeds thirty consecutive days; in that case the allowance is payable only in respect of the first thirty days of that period.

(6.) Where a member who is appointed or drafted for service at the Establishment serves on detached duty outside the Establishment, the allowance continues to be payable in respect of the period of detached duty, unless it exceeds thirty consecutive days; in that case the allowance is payable only in respect of the first thirty days of that period.

(7.) Notwithstanding anything in sub-regulations (3.), (4.), (5.) and (6.) of this regulation, if, during a period of a member’s absence referred to in any of those sub-regulations, it is decided by the Naval Board that the member is not to return to the Establishment, the allowance ceases to be payable from and including the day upon which the notification of that decision is issued.

(8.) Where a member is eligible under this regulation for Woomera allowance in circumstances in which he is also eligible for district allowance under the last preceding regulation, the member shall not be paid both allowances but shall be paid whichever of the allowances is payable at the higher rate.

Tropical allowance.

109.—(1.) Subject to and in accordance with the succeeding provisions of this regulation, an allowance, called “tropical allowance”, is payable at the rate of One shilling and sixpence per day.

(2.) Tropical allowance is payable in respect of duty in a ship, being a surface craft or a submarine, either at sea or in harbour, while the ship—

(a) is within the tropics;

(b) being outside the tropics, is within the Red Sea or the Persian Gulf during the period commencing on the first day of April and ending on the thirtieth day of November in any year; or

(c) being a surveying ship, is employed in surveying operations, not in ordinary passages, between the tropic of Capricorn and latitude thirty degrees South during the period commencing on the fifteenth day of December and ending on the fifteenth day of April in any year.

(3.) Where the ship is a surface craft, tropical allowance is payable to a man holding a rating or engaged in a class of employment specified in the following table in respect of duty performed in the circumstances of employment specified in relation to that rating in that table:—

(4.) Where the vessel is a submarine, tropical allowance is payable in respect of duty in the interior of the submarine by—

(a) a man holding an engine-room or a cook rating;

(b) an electrical watchkeeper in a motor room; or

(c) a wireless-telegraphy, radar or asdic watchkeeper.

(5.) Tropical allowance is payable to a man holding a rating other than a rating specified or described in sub-regulation (3.) or sub-regulation (4.) of this regulation if—

(a) he is normally employed in circumstances specified in one of those sub-regulations; and

(b) he is employed, while on day work, for a full day, or, in the case of employment on watchkeeping duty, he keeps regular watches during a continuous period of twenty-four hours.

(6.) Tropical allowance is not payable unless the employment of the man on the duty in respect of which the allowance is claimed has been authorized by the commanding officer.

(7.) Tropical allowance is also payable in respect of the employment of a man in circumstances, not being circumstances prescribed by sub-regulation (3.) or sub-regulation (4.) of this regulation, that the Naval Board has determined to be analogous to the circumstances so prescribed.

(8.) In this regulation, “surface craft” includes a steam boat, but does not include an open motor boat or, in relation to the employment of a man holding a cook rating, a general purpose vessel or a motor stores lighter.

Exchange allowance in respect of service in Japan or adjacent waters.

110.—(1.) Where a member serves in Japan, an allowance, called “exchange allowance”, is payable to him, in respect of such period of that duty as the Naval Board determines, at the rate specified, in relation to the rank or rating the member holds, in the following table:—

(2.) Where higher duties allowance is payable to a member under regulation 114 of these Regulations, he shall be deemed, for the purpose of this regulation, to be holding the rank or rating in respect of which the higher duties allowance is payable.

(3.) In this regulation, “Japan” includes any area, whether of land or water, in proximity to that country, that the Naval Board determines shall be regarded as Japan for the purposes of this regulation.

Special area allowance.

111. A member who is serving in a remote area in Australia and is not eligible for district allowance or Woomera allowance under this Division may, if the Naval Board is of opinion that the conditions of service in that area so warrant, be paid a special area allowance at such rate and subject to such conditions as the Naval Board determines.

Currency of payments in certain areas.

112. Where a member is serving oversea in an Australian ship, such portion of his pay and allowances as the Naval Board determines may be paid in such currency, at such rate of exchange, for such period and subject to such conditions as the Naval Board determines.

Division 4.—Higher Duties Allowance.

Approving authority.

113. The Naval Board may appoint an officer to be an approving authority for the purposes of this Division.

Higher duties allowance.

114.—(1.) Where a temporary vacancy in the complement of a ship or naval establishment occurs because of—

(a) the absence of a member on leave or furlough or on account of sickness, disciplinary reasons or any other reason not connected with the performance of the normal duties of the position of the absent member; or

(b) delay in appointing or drafting a member to fill the complement vacancy,

and a member holding a rank or rating lower than that allowed in the complement in respect of the temporarily vacant position performs the

full duties of that position, an allowance, called “higher duties allowance”, shall, subject to the succeeding provisions of this Division, be paid to the acting member.

(2.) The absence of a member from the normal duties of his position for a period in respect of which he is entitled to higher duties allowance shall not be deemed to create a further temporary vacancy in the complement in respect of which higher duties allowance is payable.

(3.) Higher duties allowance is not payable—

(a) where the temporary vacancy in the complement is caused by the absence of a member on leave during a general leave period; or

(b) until the period for which the acting member performs the duties of the temporarily vacant position exceeds six consecutive working days.

(4.) Any day for which the acting member is absent from duty on leave or is checked sick does not count as a working day for the purpose of the qualifying period referred to in paragraph (b) of the last preceding sub-regulation, but shall not be deemed to interrupt the continuity of that qualifying period.

(5.) Higher duties allowance is not payable in respect of any period for which the acting member is absent from duty—

(a) on sick leave or compassionate leave or while checked sick, in excess of a total of three days during the period of his acting in the temporarily vacant position; or

(b) on long leave.

(6.) Higher duties allowance is payable in respect of any period for which the acting member is absent from duty—

(a) on sick leave or compassionate leave or while checked sick, not exceeding a total of three days during the period of his acting in the temporarily vacant position; or

(b) on short leave,

if, immediately after the absence from duty, the member resumes duty in the temporarily vacant position.

(7.) Higher duties allowance shall not be paid unless the approving authority is satisfied that—

(a) the duties of the temporarily vacant position cannot be distributed among other personnel;

(b) the acting member is performing competently the full duties of the temporarily vacant position; and

(c) real and definite responsibilities are involved in that performance.

Rates of higher duties allowance.

115.—(1.) Where under the last preceding regulation higher duties allowance is payable to a member, the rate of allowance is the rate payable in accordance with the provision of this regulation that is applicable to the circumstances.

(2.) Where a rank or rating without alternative is allowed in the complement for the position that is temporarily vacant, the daily rate of allowance is equal to the amount of the difference between the daily rate of active pay payable to the acting member in respect of the rank or rating that he holds and the daily rate of active pay payable to a member on promotion or advancement to the rank or rating so allowed.

(3.) Where alternative ranks or ratings are allowed in the complement for the position that is temporarily vacant, the daily rate of allowance is equal to the amount of the difference between the daily rate of active pay payable to the acting member in respect of the rank or rating that he holds and the daily rate of active pay payable to a member on promotion or advancement to the lower of the alternative ranks or ratings so allowed.

(4.) Where—

(a) a rank is allowed in the complement for the position that is temporarily vacant and an annual consolidated rate of pay is prescribed by these Regulations for the holder of the rank; and

(b) the acting officer holds a rank for the holder of which a daily rate of active pay is prescribed by these Regulations,

the daily rate of allowance is equal to the amount of the difference between—

(c) the sum of the daily rate of active pay payable to the acting officer in respect of the rank that he holds and such allowances as are payable to him under Part II., Division 1 of Part IV. and Part IX. of these Regulations; and

(d) one three-hundred and sixty-fifth of the annual consolidated rate of pay payable to an officer holding the rank so allowed.

(5.) Where a rank is allowed in the complement for the position that is temporarily vacant and an annual consolidated rate of pay is prescribed by these Regulations for the holder of that rank and also for the holder of the rank held by the acting officer, the daily rate of allowance is equal to the amount of the difference between one three-hundred and sixty-fifth of each of the respective rates.

(6.) Notwithstanding the preceding provisions of this regulation, where a rank or rating more than one rank or rating higher than that held by the acting member is allowed in the complement for the position that is temporarily vacant, the rate of allowance is equal to the amount of the difference between the rate of active pay payable to the acting member and—

(a) the rate of active pay payable to a member on promotion or advancement to the rank or rating immediately higher than that held by the acting member; or

(b) if the Naval Board considers that exceptional circumstances exist, such rate, being the rate of active pay payable to a member on promotion to a rank or rating higher than that held by the acting member, but not higher than the lowest rank or rating allowed in the complement for the temporarily vacant position, as the Naval Board determines.

(7.) Notwithstanding the preceding provisions of this regulation, the daily rate of allowance payable to a man holding the rating of Engine Room Artificer, Electrical Artificer, Ordnance Artificer, Aircraft Artificer or Naval Shipwright, First, Second, Third or Fourth Class, in respect of his temporary performance of the duties of a Chief Artificer, is equal to the amount of the difference between the daily

rate of active pay payable to the acting member in respect of the rating that he holds and the daily rate of active pay payable to a man on advancement to the rating of Chief Artificer of the appropriate branch.

(8.) In this regulation, “active pay”—

(a) in relation to a medical officer or a dental officer—includes an allowance under regulation 11 of these Regulations; and

(b) in the case of any other officer—includes flying pay if applicable to the officer under regulation 24 of these Regulations.

Commencement of allowance.

116. Subject to this Division, higher duties allowance is payable from and including the day on which the acting member performs the duties of the temporarily vacant position.

Division 5.—Miscellaneous Allowances.

Diving pay.

117.—(1.) In this regulation—

“diver” means an officer or rating, other than a clearance diver, who is qualified in diving methods approved by the Naval Board;

“clearance diver” means—

(a) an officer; or

(b) a man of the Seaman Branch with the specialist qualification of Clearance Diver, First, Second or Third Class,

who has such qualifications, additional to those of a diver, as are approved by the Naval Board.

(2.) Subject to the succeeding provisions of this regulation, an allowance, called “diving pay”, is payable to a diver or a clearance diver in respect of the time for which, while using diving apparatus, he is under water or compression in the course of a diving operation authorized by the commanding officer.

(3.) Diving pay is payable to a diver at the rate specified, according to the depth of the diving operation, in the following table:—

(4.) Diving pay is payable to a clearance diver, at the rate specified, according to the depth of the diving operation, in the following table:—

(5.) For the purpose of the last two preceding sub-regulations, all time from the time at which the diver or clearance diver enters the water or goes under compression to the time at which he emerges from that water or compression, including any time for which he is under decompression, shall be regarded as time under water at the greatest depth reached in the course of the diving operation.

(6.) When a diver or a clearance diver is employed in attending on a diver or a clearance diver and is not eligible for a gratuity under sub-regulation (8.) or a bonus under sub-regulation (9.) of this regulation, he shall be paid—

(a) an amount equivalent to one-fifth of the amount of diving pay paid to the diver or clearance diver, calculated to the nearest penny; or

(b) if the attendant is employed in a decompression or a recompression chamber, diving pay at the same rate as that payable to the diver or clearance diver,

but, if he is attending on more than one clearance diver at the same time, the amount referred to in paragraph (a) of this sub-regulation is payable only in respect of one clearance diver.

(7.) If any work performed in the course of a diving operation is found to have been done improperly, the commanding officer may disallow the whole or any portion of a payment under the preceding provisions of this regulation in respect of the diving operation.

(8.) If the commanding officer considers that a diving operation involves exceptional circumstances or requires important skilled work that is satisfactorily performed, he may authorize payment, in lieu of payment under the preceding provisions of this regulation, of a gratuity of an amount not exceeding Five pounds, or, where the depth of the dive exceeds thirty fathoms, Ten pounds; four-fifths of the gratuity being payable to the diver or clearance diver and one-fifth to the attendant.

(9.) Where in the course of a diving operation the diver or clearance diver recovers an article, the commanding officer may authorize payment, in lieu of payment under the preceding provisions of this regulation, of a bonus of an amount not exceeding—

(a) one-fourth of the value of the article recovered; or

(b) One pound,

whichever is the less; four-fifths of the bonus being payable to the diver or clearance diver and one-fifth to the attendant.

(10.) A payment to a diver under the preceding provisions of this regulation does not affect his eligibility for payment of diver’s allowance under regulation 42 of these Regulations.

Linguist bounty.

118. Subject to such conditions as the Naval Board determines, a member who has qualified in a foreign language at the Royal Australian Air Force School of Languages may be paid an allowance, called “linguist bounty”, of Fifty pounds per annum.

Hard-lying money.

119.—(1.) Subject to the succeeding provisions of this regulation, where a member is living on board a ship employed on sea service in which the living conditions, in the opinion of the Naval Board, are markedly inferior to those experienced in a destroyer on normal service, an allowance, called “hard-lying money”, is payable to the member.

(2.) In the last preceding sub-regulation, “employed on sea service” includes such time spent in port as the Naval Board determines.

(3.) The rate at which hard-lying money is payable is One shilling per day, or Sixpence per day, as the Naval Board determines.

(4.) Hard-lying money is not payable to an officer in respect of any service for which he is paid surveying pay.

Shorthand writer’s allowance.

120. Where a member performs the duties of shorthand writer at a court-martial or court of inquiry, an allowance is payable to the member at the rate of Ninepence per folio of one hundred words with a minimum payment of Five shillings.

Difference of mess subscription allowance.

121. An allowance, called “difference of mess subscription allowance”, is payable to a Midshipman or a Cadet Midshipman, at the rate of Ninepence per day for any day for which he is victualled in a wardroom mess.

Payment in lieu of recreation leave.

122.—(1.) Where the death of a member has occurred while he is on war service and before his death a period of recreation leave had accrued to his credit under the Naval Forces Regulations in respect of his war service, payment of an amount equivalent to the remuneration that would have been payable to the member under these Regulations in respect of that period of leave, if he had been granted that leave immediately before his death, may be made to such person who—

(a) is beneficially entitled to the whole or a portion of the deceased member’s estate; and

(b) is the parent, step-parent, foster parent, wife or child of the member; or

(c) was, immediately before the member’s death, wholly or substantially dependent on the member,

as the Naval Board directs.

(2.) The Minister may, on the recommendation of the Naval Board, approve of payment under the last preceding sub-regulation to a person who is beneficially entitled to the whole or a portion of the deceased member’s estate (other than a person included in a class of persons specified in paragraph (b) or (c) of that sub-regulation), if he considers that special circumstances justify such an approval.

(3.) In this regulation, “war service” has the same meaning as in Division 8 of Part III. of the Repatriation Act 1920-1955.

Part V.—Charges and Deductions from Pay.

Rent for Service residences.

123.—(1.) Where a Service residence is provided for a member, the rental shall be such amount as the Minister directs.

(2.) The amount of the rental of a Service residence occupied by a member shall be deducted from the pay and allowances that are or become payable to him under these Regulations.

Supply of furniture and mess gear for Service residences and charges therefor.

124.—(1.) Residential furniture and mess gear may be supplied for use in Service residences under such conditions as, subject to this regulation, are approved by the Naval Board.

(2.) Except as provided by the next succeeding sub-regulation, an annual charge, at such percentages of the departmental valuation of the articles supplied as the Naval Board determines, shall be made against the occupant of a Service residence in respect of furniture and mess gear supplied for use in that residence.

(3.) The Naval Board may waive payment of a charge referred to in the last preceding sub-regulation, either in whole or in part, if the Naval Board considers that the circumstances justify such waiver.

(4.) After the close of each tenancy or after five consecutive years’ occupation of a Service residence by a tenant, if his tenancy of the residence extends beyond that period, the residential furniture shall be surveyed and re-valued.

(5.) Where a member occupies a furnished Service residence, he shall be charged in accordance with this regulation for the use of the furniture, whether or not he desires to use it.

(6.) The amount of a charge payable by a member under this regulation shall be deducted from the pay and allowances that are or become payable to him under these Regulations.

Fuel, light and power.

125. A member who is in occupation of a Service residence shall not be provided with fuel, light or power at departmental expense.

Supply of billiard tables to messes and charges therefor.

126.—(1.) Billiard tables and their accessories may, with the Minister’s approval, be supplied at departmental expense for use in officers’ and men’s messes at naval establishments.

(2.) An annual charge, at such percentage of the departmental valuation of the articles supplied as the Naval Board determines, shall be made against an officers’ mess in respect of billiard tables and their accessories supplied for use in the mess.

(3.) The cost of repairs and replacements of billiard tables and their accessories shall be borne by the messes for whose use they have been supplied.

Mulcts.

127.—(1.) Subject to the succeeding provisions of this regulation, one day’s pay, for the purpose of computing the amount of a mulct of pay, is the daily rate of active pay (excluding any pence), payable to the offender according to his rating and pay seniority at the date of his conviction.

(2.) The reference in the last preceding sub-regulation to daily rate of pay shall not be deemed to include a reference to a higher duties allowance payable in respect of the temporary performance of the duties of a higher position.

(3.) Where a member is awarded No. 5 and No. 12 punishment (as laid down in the Queen’s Regulations and Admiralty Instructions) concurrently, one day’s pay, for the purpose of computing the amount of a mulct of pay, is the difference between the deduction made in accordance with the next succeeding regulation and the amount of the mulct computed in accordance with sub-regulation (1.) of this regulation.

(4.) The amount of a mulct of pay shall not, after imposition of the mulct, be altered as the result of an increase or decrease in his rate of active pay with retrospective effect.

Reduction to second class for conduct.

128. Where a man is reduced to second class for conduct, a deduction shall be made, in respect of the period for which the reduction takes effect, of one sixth of his active pay and of any allowance payable to him under regulations 39 to 72 (inclusive) of these Regulations.

Stoppage of pay and allowances during imprisonment, &c.

129.—(1.) A member shall not be credited with active pay, deferred pay or, except as provided by the next succeeding sub-regulation, any allowance in respect of—

(a) any period of imprisonment, detention or confinement in cells awarded under a law relating to the Naval Forces;

(b) any period for which he is under a charge of desertion of which he is afterwards convicted by a court martial or by his commanding officer; or

(c) any day upon which he is absent from duty because of his being in civil custody, attending trial by a civil court for an offence of which he is afterwards convicted or serving a sentence imposed by a civil court unless in exceptional circumstances the Naval Board otherwise directs.

(2.) A member shall not, by virtue of the last preceding sub-regulation, be disqualified for—

(a) uniform allowance except in respect of a period of imprisonment; or

(b) an allowance under regulation 91 of these Regulations.

Operation of certain laws not affected.

130. Nothing in the last preceding regulation affects the operation of the Naval Discipline Act and the Queen’s Regulations and Admiralty Instructions in their application to and in relation to a member of the Naval Forces in respect of the desertion of the member or the absence of the member from duty without leave.

Absentees and deserters—charges against pay.

131. Where an absentee or deserter is taken into custody, the amount of the cost of his fare from his place of apprehension to the first ship or naval establishment to which he is brought and in which it is competent for him to be tried for the offence of absence without leave or desertion shall, except in so far as the Naval Board otherwise approves, be deducted from the pay and allowances that are or become payable to him under these Regulations.

Deductions in respect of payment of mess debts.

132. The amount necessary to reimburse the Department for a payment in respect of an officer under regulation 20a of the Naval Account Regulations shall be deemed to be a debt due and payable by the member to the Commonwealth and, without prejudice to the right of the

Commonwealth to recover the amount by other means, may be deducted, in such instalments as the Naval Board directs, from the pay and allowances that are or become payable to the officer under these Regulations.

Over-payments during prior service in another arm of the Defence Force.

133.—(1.) This regulation applies to and in relation to a member who, before the commencement of his current period of service in the Naval Forces, had served in any part of the Defence Force for any period after the sixth day of October, 1939, and in respect of that previous period of service was paid a sum of money greater than the sum properly payable to him in respect of that service.

(2.) If the over-payment was caused by an error of the Department by which the over-payment was made, no deduction in respect of that overpayment shall be made from any amount of pay and allowances payable to the member under these Regulations.

(3.) If the over-payment was caused by an act or omission of the member, an amount equal to the amount of the over-payment may be deducted, in such instalments as the Naval Board directs, from the pay and allowances that are or become payable to the member under these Regulations.

Part VI.—Miscellaneous Payments and Supplies.

Gratuity and allowance for holder of Long Service and Good Conduct Medal.

134.—(1.) A gratuity of Twenty Pounds shall be paid to a member who has become entitled to the Long Service and Good Conduct Medal.

(2.) In addition to the gratuity payable under the last preceding sub-regulation, an allowance of One pound for each year of service for which his conduct is assessed as “Very Good” that a member completes after he has become entitled to the Long Service and Good Conduct Medal shall, subject to sub-regulation (4.) of this regulation, be credited to the member.

(3.) The total amount credited in accordance with the last preceding sub-regulation to a member in respect of a period of engagement shall be paid to him at the end of that period, or on discharge, whichever first occurs.

(4.) If a member to whom the Long Service and Good Conduct Medal has been awarded is deprived of the medal, he shall forfeit any amount accruing to his credit in accordance with sub-regulation (2.) of this regulation and, in the event of the restoration of the medal before his discharge, he is eligible for credit and payment of allowance only in respect of his period of service after the restoration.

Grants for gallantry.

135. In addition to the Queen’s Regulations and Admiralty Instructions the provisions of Admiralty Fleet Orders governing the award of pecuniary grants to Chief Petty Officers, Petty Officers, and men, who receive decorations for gallantry, apply to and in relation to members holding the same ratings in the Royal Australian Navy.

Allowance for candidates for entry.

136. A candidate for entry as a man may, subject to such conditions as the Naval Board determines, be paid, in addition to any amount payable to him under Division 3 of Part X. of these Regulations, in respect

of each day necessarily spent by him in travelling or awaiting entry, an amount per day not exceeding—

(a) the appropriate rate of active pay payable under these Regulations to a Recruit (Seaman); and

(b) the total of the rates of marriage allowance and separation allowance that would be payable to him under these Regulations if he were a member.

Service funerals.

137.—(1.) A Naval Officer-in-Charge may authorize a Service funeral and the expenditure of such amount as the Naval Board approves for carrying out the funeral in Australia of—

(a) a deceased member;

(b) a deceased member of the Citizen Naval Forces whose death—

(i) occurred while he was called up for continuous full time war service or during a period for which he was undergoing continuous training; or

(ii) is directly attributable to his service in the Naval Forces;

(c) a deceased officer of the Citizen Naval Forces who—

(i) held the rank of Rear-Admiral or a higher rank; or

(ii) had a distinguished naval career,

and whose funeral is directed by the Naval Board to be carried out under this regulation; or

(d) a deceased winner of the Victoria Cross who had served in any of Her Majesty’s naval forces.

(2.) The Department shall bear the cost of the fares of—

(a) the commanding officer or his representative;

(b) the members of the band, if the attendance of a naval band is approved by the Naval Board; and

(c) the pall bearers and members of the firing party, attending a Service funeral of a deceased person to whom paragraph (a), paragraph (c) or paragraph (d) of the last preceding sub-regulation applies.

(3.) Where a member dies while the ship in which he is serving is outside Australia and he is not buried at sea, the commanding officer shall make arrangements for the funeral in accordance with such procedure as is approved by the Naval Board.

Private funerals.

138. Where the widow or other relative of the deceased member is permitted by the Naval Board to make arrangements for the funeral in Australia of a deceased member referred to in paragraph (a) or paragraph (b) of sub-regulation (1.) of the last preceding regulation, the person who makes those arrangements may be reimbursed so much of the actual expense incurred in connexion with the funeral as does not exceed Sixty pounds.

Transport of relatives to and from Service funeral.

139.—(1.) The Naval Board may approve of provision at the expense of the Department of return first class rail fares and sleeper accommodation, whenever necessary, for the nearest relative of a deceased member and one other person to accompany that relative to attend a Service funeral provided for the deceased member under regulation 137 of these Regulations.

(2.) If travel by air is necessary to enable the persons referred to in the last preceding sub-regulation to arrive in time for the funeral, fares for travel by air on the forward journey may be provided at the expense of the Department.

(3.) In sub-regulation (1.) of this regulation, “nearest relative” means the widow or such other relative of the deceased member, being the father, mother, son, daughter, brother or sister of the deceased member, as the Naval Board approves.

Headstones for graves.

140. Where during a time of peace a member dies while serving on full time duty and is buried in the naval cemetery at Flinders Naval Depot or in the naval reservation at Rookwood Cemetery in the State of New South Wales, the Department shall bear the cost of the erection over the grave of a headstone of such pattern as is approved by the Naval Board.

Transport and accommodation for relatives of dangerously ill member.

141.—(1.) Where a member is dangerously ill in Australia, or such place outside Australia as the Naval Board determines to be a place in relation to which this regulation applies, such relatives of the member or other persons as are approved by the Naval Board may be transported at the expense of the Department to and from the place where the member is lying ill.

(2.) Where a person is transported at the expense of the Department under the last preceding sub-regulation, he shall, subject to this regulation, be provided at the place of destination with Service victuals and accommodation, or, in exceptional circumstances, hotel accommodation, at the expense of the Department.

(3.) Where a person is transported at the expense of the Department under sub-regulation (1.) of this regulation, the cost of any necessary passport, vise or photograph shall be borne by the Department.

(4.) The grant of transport, victuals and accommodation under this regulation shall be subject to such conditions as are approved by the Naval Board.

Witness at court-martial or court of inquiry—payment for attendance.

142.—(1.) A person who is summoned or ordered, or requested by the Department, to attend and give evidence before a court-martial or a court of inquiry shall, in respect of that attendance be paid—

(a) in the case of a civilian—fees in accordance with the scale of fees allowed in its criminal jurisdiction by the Supreme Court of the State or Territory of the Commonwealth in which the court-martial or court of inquiry is held;

(b) in the case of a member of the Citizen Naval Forces—travelling allowance, at the rate that would have been applicable to him if he had been employed in the Permanent Naval Forces; or

(c) in the case of a member of the Permanent Naval Forces—travelling allowance.

(2.) In the last preceding sub-regulation, “travelling allowance” means any allowance payable in accordance with Division 2 of Part X. of these Regulations.

Mines, torpedoes and stores—rewards for recovery, &c.

143.—(1.) Where a person who makes a report to a local authority leading to the recovery or salvage of a naval mine, a paravane, a torpedo or stores that are the property of the Department, or assists in such recovery or salvage, the Naval Board may authorize payment of such

amount (if any), by way of reward, as the Naval Board, having regard to the value of the article recovered or salvaged, and the circumstances of the recovery or salvage, thinks fit.

(2.) A reward under this regulation is not payable to a member of the Defence Force.

(3.) In this regulation, “local authority” means an officer, a postmaster or an official in charge of a post office, a justice of the peace, a member of the police force of a State or Territory of the Commonwealth, a town clerk, a deputy town clerk, a shire secretary, an officer in charge of a lighthouse or a pilot in the service of the Commonwealth or a State.

Prizes for Cadet Midshipmen, Junior Musicians and Apprentices.

144.—(1.) Prizes of such value as the Naval Board determines shall be awarded each year to the Cadet Midshipmen who respectively qualify for those prizes in competition during their courses at the College.

(2.) Prizes of such value as the Naval Board determines shall be awarded each year to the Junior Musicians who respectively qualify for those prizes in competition at the passing out examinations of the Royal Australian Navy School of Music.

(3.) Prizes of such value as the Naval Board determines shall be awarded each year to the Apprentices who respectively qualify for those prizes in competition during their courses at the Royal Australian Navy Apprentice School.

Presentations to Cadet Captains.

145. A Chief Cadet Captain, a Senior Cadet Captain and a Cadet Captain, on officially passing out of the College may, with the approval of the Naval Board, each be presented, at the expense of the Department, with a token of appreciation of their services, the cost of which does not exceed an amount determined by the Minister.

Examination prizes—Midshipmen and Acting Sub-Lieutenants.

146. A Midshipman or an Acting Sub-Lieutenant who obtains first class certificates in the major subjects of his examination for the rank of Lieutenant shall, subject to the approval of the Naval Board, be awarded a prize of books or instruments not exceeding in value the sum of Ten pounds.

Tool kits.

147. Tool kits may be supplied on loan from the Department in accordance with such scales as are approved by the Naval Board to men holding such ratings as the Naval Board determines.

Supply of books and instruments on loan.

148. Where a member is undergoing a course of training or stud; at the expense of the Department, he may, subject to the approval of the Naval Board, be supplied with necessary books and instruments on loan from the Department.

Courses for officers.

149.—(1.) The Naval Board may approve of a medical officer undertaking, at the expense of the Department, a post-graduate course of study of not more than twelve months after each completed six years of his service.

(2.) The Naval Board may approve of a dental officer undertaking, at the expense of the Department, a post-graduate course of study of not more than three months after each completed six years of his “service.

(3.) The Naval Board may approve of an officer other than a medical officer or a dental officer undertaking, at the expense of the Department, such course of study at a University or Technical College as the Naval Board determines.

Payment of fees for courses of study.

150.—(1.) Where approval is given for an officer to undertake a University, post-graduate or Technical College course of study at the expense of the Department, the Department shall pay the fees payable in respect of that course of study.

(2.) Where a University undergraduate or Technical College student is appointed an officer, the Department shall, subject to such conditions as the Naval Board determines, pay the fees payable in respect of the completion of his course.

(3.) Where fees are payable by the Department under this regulation and the officer is remunerated for any civil employment associated with the course of study in which he is engaged during the period in respect of which the fees are payable, he is liable to pay to the Department so much of the amount of that remuneration as does not exceed the amount of active pay and allowances payable to him under these Regulations in respect of that period.

(4.) Without prejudice to the right of the Commonwealth to recover by other means any amount payable under the last preceding sub-regulation by an officer to the Department, that amount may be deducted from the pay and allowances that are or become payable to the officer under these Regulations.

(5.) In this regulation, “fees” means such fees as the Naval Board approves.

Part VII.—Deferred Pay and Gratuities.

Division 1.—Deferred Pay.

Members eligible for deferred pay.

151. An officer or a man is eligible for credit and payment of deferred pay in accordance with this Division if he—

(a) was serving in the Permanent Naval Forces on the thirtieth day of June, 1947; or

(b) was serving on full time service in another part of the Naval Forces on that date and, without a break in the continuity of his full time service in the Naval Forces, was appointed to, entered or re-entered for service in, the Permanent Naval Forces on or before the first day of July, 1948,

and elected under section seventy-eight of the Defence Forces Retirement Benefits Act 1948-1956 not to become a contributor under that Act.

Credit of deferred pay.

152.—(1.) Subject to this Division, each officer or man who is eligible for credit of deferred pay shall be credited with deferred pay at the rate specified, according to the rank or rating that he holds and his seniority in that rank or rating, in the Fourteenth Schedule to these Regulations.

(2.) Except as otherwise prescribed, the full rate of deferred pay shall be credited for each day in respect of which active pay (either at the full or at a reduced rate) is payable.

(3.) An officer holding the rank of Rear-Admiral is not eligible for credit of deferred pay in respect of any service after he has attained the age of fifty-five years.

(4.) Where an officer of the Permanent Naval Forces (Sea-going) is transferred to the Naval Dockyard Police, the amount of accumulated deferred pay that may be paid to him on the termination of his service in the Naval Dockyard Police shall not exceed an amount which, in the opinion of the Naval Board, would have been payable to him if he had remained in the Permanent Naval Forces (Sea-going) and attained in those Forces a rank equivalent to that held by him in the Naval Dockyard Police on that termination.

(5.) Seniority for the purpose of deferred pay shall be calculated in accordance with such conditions as are determined by the Naval Board.

Interest on deferred pay.

153.—(1.) Subject to the succeeding provisions of this regulation, interest at the rate of three and one half per centum shall be credited on the thirtieth day of June in each year on the amount of accumulated deferred pay standing at the credit of a member on the thirtieth day of June of the last preceding year.

(2.) A full year’s interest shall be credited under the last preceding sub-regulation only on an amount that has stood at the credit of a member for a full year.

(3.) Interest added to a member’s deferred pay account under the preceding provisions of this regulation shall be regarded as part of his accumulated deferred pay and bear interest accordingly.

(4.) When deferred pay becomes payable, interest at the rate of three and one half per centum per annum on the amount of accumulated deferred pay standing at his credit on the thirtieth day of June last preceding the day upon which the deferred pay became payable shall be credited in respect of the period commencing on the following first day of July and ending on the last day of the month in which the deferred pay became payable.

(5.) Where the Naval Board approves of payment of deferred pay under sub-regulation (4.) of regulation 156 of these Regulations, the date of the termination of the member’s service shall, for the purpose of the last preceding sub-regulation, be deemed to be the day upon which his deferred pay became payable.

Closing of deferred pay account.

154. The deferred pay account of a member shall be closed when—

(a) payment of the amount (including interest) accumulated to the member’s credit is made in full; or

(b) the amount (including interest) accumulated to the member’s credit is forfeited under regulation 156 of these Regulations.

Payment of accumulated deferred pay.

155.—(1.) Subject to the next succeeding regulation, accumulated deferred pay (including interest) is payable—

(a) in the case of an officer, upon the termination of his service in the Permanent Naval Forces; and

(b) in the case of a man—

(i) upon the completion of the period of his engagement;

(ii) upon the completion of each period of his re-engagement;

(iii) upon his discharge;

(iv) upon his death while serving; or

(v) upon his promotion to officer rank.

(2.) Where an officer is placed on the Half-pay List before the termination of his service, he may, subject to the approval of the Naval Board, be paid his accumulated deferred pay (including interest) at any time after he ceases to draw full pay.

(3.) Where the period of a man’s engagement or re-engagement is not completed before he re-engages to serve for a further period, his accumulated deferred pay (including interest) is not payable until the day upon which the former period of engagement or re-engagement would have expired.

(4.) Subject to the next succeeding sub-regulation, accumulated deferred pay (including interest) is not payable to a member of the Auxiliary Services before his discharge from those Services.

(5.) Where a man of the Permanent Naval Forces (Sea-going) is transferred to the Auxiliary Forces, the Naval Board may approve of payment of the deferred pay (including interest) standing to his credit on the date of his transfer.

Forfeiture of deferred pay.

156.—(1.) Subject to the succeeding provisions of this regulation, a member forfeits his accumulated deferred pay (including interest) if—

(a) he is marked “Run”;

(b) he is dismissed from Her Majesty’s service with disgrace;

(c) he is dismissed from Her Majesty’s service;

(d) he is discharged “services no longer required”:

(e) his services are dispensed with on account of misconduct;

(f) he is invalided from the Service for causes within his own control;

(g) being an officer who was trained at the College, he resigns before he has attained the age of thirty years;

(h) being an officer who was not trained at the College, he resigns before he has completed four years’ service as an officer on the Active List; or

(i) being an officer of the Naval Dockyard Police, he resigns before he has completed four years’ service as such an officer.

(2.) Where a member is marked “Run” and the notation “Run” is later removed from against the name of that member by his commanding officer, the member shall, for the purposes of this regulation, be deemed not to have been marked “Run”.

(3.) Where a member is marked “Run” and the notation “Run” is later removed from against the name of that member by the Naval Board, the Naval Board may approve of restoration of the whole or any portion of the deferred pay standing at his credit at the time at which he was marked “Run”.

(4.) Where deferred pay is forfeited in the circumstances specified in paragraph (d), (e) or (f) of sub-regulation (1.) of this regulation, the Naval Board may approve of payment of the whole or any portion of the deferred pay, if it considers that special circumstances warrant such a concession.

(5.) Paragraphs (g) and (h) of sub-regulation (1.) of this regulation do not apply to or in relation to an officer who had service at sea in one of Her Majesty’s ships or Australian ships for any period between the third day of September, 1939, and the second day of September, 1945.

(6.) In this regulation, “marked ‘Run’” means marked “Run” on the records of a ship or naval establishment.

Deferred pay of certain officers who retire with rank of Lieutenant-Commander or Commander.

157. Where an officer, holding the rank of Lieutenant-Commander or Commander, who elected under section seventy-eight of the Defence Forces Retirement Benefits Act 1948-1956 not to become a contributor under that Act retires on or after attaining the prescribed retiring age for his rank and the amount of accumulated deferred pay (including interest) payable to him under the preceding provisions of this Division is less than Four thousand pounds in the case of a Lieutenant-Commander or Four thousand five hundred pounds in the case of a Commander, the Naval Board may, subject to such conditions as it determines, approve of payment to him of an amount not exceeding the amount by which the accumulated deferred pay (including interest) so payable falls short of the sum of Four thousand pounds or Four thousand five hundred pounds, as the case may be.

Division 2.—Gratuities.

Gratuities.

158. Subject to this Division, a gratuity in respect of service in the Permanent Naval Forces is payable to such members, at such rates and subject to such conditions, as the Naval Board determines.

Gratuity not payable in certain cases.

159.—(1.) A gratuity is not payable under this Division in respect of the service of—

(a) a member, not being a married member, who dies while serving;

(b) a member who is dismissed or discharged for disciplinary reasons or for incapacity that is, in the opinion of the Naval Board, due to causes within his own control; or

(c) a member eligible for payment of deferred pay in accordance with Division 1 of this Part.

(2.) Any period of more than twenty-one consecutive days for which a member is not credited with active pay shall not be counted in the period of the service of the member for the purpose of this Division.

(3.) A gratuity is not payable under this Division in respect of a period of service of a member which is service for pension under the Defence Forces Retirement Benefits Act 1948-1956 and in respect of which he is paid a pension or other benefit (other than a refund of contributions) under that Act.

Incapacity and assessment of incapacity.

160. For the purposes of this Division—

(a) “incapacity” means physical or mental incapacity in relation to civilian employment; and

(b) the degree of incapacity of a member shall be assessed by the Board of Medical Survey and be subject to final determination by a Commonwealth Medical Officer.

Part VIII.—Victualling.

Issue of victuals.

161.—(1.) Subject to this Part, victuals shall be issued from Service stocks for consumption by members who are living in.

(2.) Where a member, while living out, is directed to remain in a ship or naval establishment for duty, he shall be provided with Service victuals at the expense of the Department.

(3.) Where a member is eligible for living out allowance with permission to provide his own accommodation only, he shall be supplied with meals from Service stocks at the expense of the Department, except that, where he has been so supplied with meals for a period of seventy-two consecutive hours or more, he shall be charged in respect of any meals so supplied at the rate of Two shillings per meal.

(4.) Where a married member is eligible for living out away from home allowance with permission, to provide his own accommodation only, he shall be supplied with meals from Service stocks at the expense of the Department.

Victualling allowance.

162.—(1.) The Naval Board shall determine the value of the victuals that may be issued at the expense of the Department per head per day in respect of members of each class of members.

(2.) The amount so determined is referred to in this Part as the victualling allowance that may, in accordance with this Part, be credited in respect of a member.

(3.) Victuals in excess of those the value of which is covered by the victualling allowance shall not be issued at the expense of the Department unless—

(a) the Naval Board, in special circumstances, approves; or

(b) they are issued in accordance with such scales and conditions as the Naval Board determines.

Supply of victuals to messes.

163.—(1.) A mess shall be credited with an amount equivalent to the total amount of the victualling allowance of the total number of the members borne for victualling each day in the mess.

(2.) The amount of the value of victuals issued to a mess from Service stocks, other than victuals referred to in sub-regulation (3.) of the last preceding regulation or articles of diet the issue of which is authorized under regulation 165 of these Regulations, shall be debited against the amount credited to the mess under the last preceding sub-regulation.

(3.) A wardroom mess or any other mess approved by the Naval Board may purchase from Service stocks victuals additional to those the value of which is covered by the credit referred to in sub-regulation, (1.) of this regulation.

(4.) Victuals supplied under the preceding provisions of this regulation shall be charged for at rates calculated in accordance with such method as the Naval Board determines.

(5.) When in any month the amount debited under sub-regulation (2.) of this regulation to a mess referred to in sub-regulation (3.) of this regulation is less than the amount credited to that mess under sub-regulation (1.) of this regulation, an amount equivalent to the difference shall be paid to that mess.

(6.) Articles of mess gear of a mess, other than permanent mess gear, may—

(a) to the extent that the replacements do not exceed the replacements that the Naval Board considers reasonable; or

(b) where, in the case of replacements due to breakages, the Naval Board is satisfied that the breakages occurred in exceptional circumstances, not due to neglect,

be replaced at the expense of the Department.

(7.) In the last preceding sub-regulation, “permanent mess gear” means such mess gear as the Naval Board determines to be permanent mess gear.

Occupant of Service residence.

164. An occupant of a Service residence is not entitled, except with the approval of the Naval Board, to purchase victuals from Service stocks.

Diet of sick or invalid members.

165. Notwithstanding anything in the preceding provisions of this Part, the medical officer of a ship or naval establishment may, with the approval of the commanding officer authorize the issue of such articles of diet as he considers reasonable and necessary for the use of a sick or invalid member for whom the ordinary diet is unsuitable.

Responsibility of supply officer.

166.—(1.) Where, on a monthly balance of the general mess account, a debit balance is disclosed in that account, the supply officer is liable for the amount of the debit, unless he is released from that liability, in whole or in part, by the Naval Board.

(2.) A supply officer is liable to the Department for the amount involved in any loss resulting from the condemnation of provisions obtained by him in excess of requirements.

Subsistence of persons in civil gaols.

167.—(1.) Where a member, being accused or convicted of any offence against a law of the Commonwealth or a State or Territory of the Commonwealth is detained in a State prison, the cost of his subsistence shall not, except as provided by this regulation, be borne by the Department.

(2.) Where a member is maintained by a State in a State prison while he is—

(a) awaiting trial for an offence against the Naval Defence Act 1910-1952 or any law applied to or in relation to the member by or under that Act; or

(b) serving a sentence after conviction for such an offence, the Department shall pay to the State, in respect of his maintenance by the State, such amount as the Minister approves.

(3.) A person who is discharged from the Service before the completion of the term of his imprisonment for an offence referred to in the last preceding sub-regulation shall be deemed to be a member for the purpose of that sub-regulation.

(4.) The cost of—

(a) subsistence of a deserter while he is in the custody of the police of a State or being returned by the police to a ship or naval establishment; and

(b) travelling expenses and fares of the police escort,

shall be paid by the Department to the State.

Part IX.—Uniforms and Clothing.

Issue of uniform kit—man.

168.—(1.) Subject to the next succeeding sub-regulation, a man shall, after entry or re-entry, be supplied at the expense of the Department with uniform kit appropriate to his rating in accordance with such scale of issue as is approved by the Naval Board.

(2.) Where a man enters or re-enters the Royal Australian Navy immediately after the expiration or termination of a period of service in the Royal Navy, he shall not be supplied at the expense of the Department with items of uniform kit supplied to him—

(a) in respect of the rating formerly held by him in the Royal Navy; or

(b) during a period of loan to the Royal Australian Navy immediately preceding the commencement of his service in that Navy.

(3.) A man who re-engages for service in the Permanent Naval Forces shall not be supplied at the expense of the Department with a uniform kit on so re-engaging.

Cadet Midshipman.

169.—(1.) On his entry at the College, a Cadet Midshipman shall be supplied at the expense of the Department with a uniform kit consisting of such articles as the Naval Board approves.

(2.) On his passing out of the College, a Cadet Midshipman shall be supplied at the expense of the Department with such articles as the Naval Board considers necessary to complete his uniform kit for the service upon which he is then engaging.

Man promoted to status of officer in the Naval Dockyard Police.

170. A man who is promoted to the status of an officer in the Naval Dockyard Police shall be supplied at the expense of the Department with such articles, additional to those already issued to him, as are necessary to complete the uniform kit appropriate to his rank as determined by the Naval Board.

Outfit allowance—officer.

171.—(1.) An allowance, called “outfit allowance”, of an amount calculated in accordance with such method as the Naval Board determines is payable to an officer (other than a Cadet Midshipman or an officer of the Naval Dockyard Police) on his appointment as an officer.

(2.) Where an officer of the Branch List is unable to obtain his uniform from the Commonwealth Government Clothing Factory before taking up duty on his appointment as an officer and the amount necessarily expended by him in the procuring of his uniform exceeds the amount of the allowance payable to him under the last preceding sub-regulation, he may, subject to the approval of the Naval Board, be reimbursed the amount of the excess.

(3.) Where an officer of the Permanent Naval Forces (Sea-going) is transferred to the Naval Dockyard Police, he shall be paid an allowance, called “outfit allowance”, of an amount calculated in accordance with such method as the Naval Board determines.

Alteration of officer’s uniform on promotion, etc. or reversion in rank.

172.—(1.) Where necessary alterations are made to the uniform of an officer, including an officer in receipt of a consolidated rate of pay, on his promotion, on his being granted an acting higher rank or on his reversion to a lower rank, he shall be paid, in respect of expense incurred because of those alterations, an allowance of an amount calculated in accordance with such method as the Naval Board determines.

(2.) Where an officer who is granted an acting higher rank or is reverted to a lower rank while serving on the Australia Naval Station is unable to have the necessary alterations to his uniform made by the Commonwealth Government Clothing Factory and the amount necessarily expended by him in having his uniform altered exceeds the amount of the allowance payable to him under the last preceding sub-regulation, he may, subject to the approval of the Naval Board, be reimbursed the amount of the excess.

Officer appointed, promoted, etc., or reverted in rank outside Australia Naval Station.

173. Where a person is appointed an officer, or an officer is promoted, is granted an acting higher rank or is reverted to a lower rank, while serving outside the Australia Naval Station and, because of that appointment, promotion, grant of acting higher rank or reversion, the amount necessarily expended by him in the procurement of necessary articles of uniform kit or on account of alterations to his uniform exceeds the amount of the allowance payable to him under regulation 171 or 172 of these Regulations, he may, subject to the approval of the Naval Board, be reimbursed the amount of the excess.

Allowance or issue to man on change of uniform.

174.—(1.) Subject to the succeeding provisions of this regulation an allowance, called “outfit allowance”, of an amount calculated in accordance with such method as the Naval Board determines is payable to a man who is obliged to change his class of uniform.

(2.) A man to whom an allowance is payable under the last preceding sub-regulation may retain any articles of the uniform kit of his former rating that are no longer part of the uniform kit of the rating to which he is transferred.

(3.) Outfit allowance is not payable to a man whose transfer in rating is because of his misconduct, or who is re-advanced to a higher rating after having been disrated.

(4.) Where a man is transferred to the rating of Musician from another rating, outfit allowance is not payable, but he shall be supplied at the expense of the Department with the uniform kit of a Musician except for those items that are common to the uniform kit of a Musician and his former rating.

(5.) Where a man (other than a Chief Petty Officer) is transferred to the Naval Dockyard Police, outfit allowance is not payable, but he shall be supplied at the expense of the Department with the uniform kit of a member of the Naval Dockyard Police except for those items that are common to the uniform kit of a member of the Naval Dockyard Police and his former rating.

(6.) Where—

(a) a Chief Petty Officer is transferred to the Naval Dockyard Police; or

(b) a man is transferred to the Naval Airman (Aircrew) Branch,

he may be paid an outfit allowance of an amount calculated in accordance with such method as the Naval Board determines.

Turret kit allowance.

175. Where a man is regularly employed in an oil-operated gun turret, an allowance, called “turret kit allowance”, is payable to him in respect of the period for which he is so employed at the rate specified, according to his rating, in the following table:—

Members employed on special duties.

176. The Naval Board may—

(a) authorize the issue at the expense of the Department of special articles of clothing; or

(b) authorize the payment of a special clothing allowance, of such amount as the Naval Board determines,

to officers and men employed on special duties.

Oversea outfit allowance.

177.—(1.) Where a member is ordered to proceed oversea on duty and it is necessary for him to purchase travelling equipment or additional clothing for himself and, where members of his family have been granted passages at the expense of the Department to his destination, for those members of his family, he may, subject to the approval of

the Naval Board, be paid an allowance, called “oversea outfit allowance”, of such amount as the Naval Board determines for the purpose of partially reimbursing him for the expense so incurred.

(2.) Any amount expended by a member in the purchase of travelling equipment, or any article of clothing, that would have been equally required in Australia by the member or the members of his family concerned shall not be taken into account for the purpose of this regulation.

Uniform allowance.

178. An allowance, called “uniform allowance”, is payable at the rate of One shilling and ninepence per day to a member other than—

(a) a Cadet Midshipman to whom active pay is not payable under these Regulations;

(b) a Recruit (Junior Musician) or a Junior Musician under the age of seventeen years; or

(c) an Apprentice.

Uniform allowance—Cadet Midshipman.

179.—(1.) An allowance, called “uniform allowance”, at such rate as is determined by the Naval Board and approved by the Minister, shall be credited to each Cadet Midshipman to whom active pay is not payable under these Regulations.

(2.) There shall be charged against the amount of allowance credited to a Cadet Midshipman under the last preceding sub-regulation—

(a) the value of all replacements of his clothing;

(b) the cost of repairs of his footwear; and

(c) the cost of any other issue or service necessary for his cleanliness or personal appearance other than the cost of laundering his clothing, bedding and mess linen.

(3.) Unless the appointment of a Cadet Midshipman is terminated before active pay becomes payable to him under these Regulations, any balance of the allowance standing at his credit when active pay becomes payable to him under these Regulations shall be transferred to his pay account.

(4.) If the appointment of a Cadet Midshipman is terminated before active pay becomes payable to him under these Regulations, any balance of the allowance standing at his credit on the date of the termination of his appointment is not payable.

(5.) Upon active pay becoming payable to a Cadet Midshipman under these Regulations, if the sum of the charges referred to in sub-regulation (2.) of this regulation exceeds the sum of the allowance credited to him under sub-regulation (1.) of this regulation, the amount of the excess shall be charged against his pay account.

(6.) If—

(a) the appointment of a Cadet Midshipman is terminated before active pay becomes payable to him under these Regulations; and

(b) the sum of the charges referred to in sub-regulation (2.) of this regulation exceeds the sum of the allowance credited to him under sub-regulation (1.) of this regulation,

the amount of the excess shall be deemed to be a debt due to the Commonwealth from the parent or guardian of the former Cadet Midshipman and is recoverable accordingly by suit in a court of competent jurisdiction.

Replacement of uniform kit—Recruit (Junior Musican), Junior Musician and Apprentice.

180. A man, being a Recruit (Junior Musician) under the age of seventeen years, a Junior Musician under the age of seventeen years, or an Apprentice shall be supplied at the expense of the Department with such replacements of the articles of the uniform kit appropriate to his rating as are rendered unserviceable by fair wear and tear.

Compensation for loss of uniform, &c.

181. Where a member who, as a result of what is considered, by the Naval Board to be a casualty of the Service, sustains loss of, or damage to—

(a) articles of his uniform kit; or

(b) books, instruments or tools that are required for the proper performance of his duties and that are the member’s personal property,

the Naval Board may approve of replacement at the expense of the Department of the lost or damaged articles or of payment to him of compensation in respect of the loss or damage.

Recovered deserters.

182. (1.) Where a member has been absent without leave for a period of not less than six months, articles of his uniform kit or of his personal effects held in a ship or naval establishment shall, upon the Naval Board so declaring, be forfeited to the Crown.

(2.) Subject to the next succeeding sub-regulation, articles forfeited under the last preceding sub-regulation shall be disposed of in such manner as the Naval Board determines.

(3.) Where the member is recovered or returns voluntarily to duty before the disposal of articles can be effected under the last preceding sub-regulation, the articles may, with the approval of the Naval Board, be returned to the member.

(4.) Where articles of uniform kit of a member have been forfeited under this regulation and the member is recovered or returns voluntarily to duty, he shall not be supplied with a uniform kit at the expense of the Department.

Discharged members.

183.—(1.) Where the Naval Board decides that a member is to be discharged, he shall not be supplied with any article of uniform kit, or be paid any allowance in respect of the purchase of articles of uniform kit, after the date of the decision of the Naval Board.

(2.) Where a member is discharged—

(a) within three months after his entry or re-entry for a reason other than a medical reason; or

(b) at any time for a disciplinary reason,

he is entitled to retain, free of charge, of the articles of uniform kit supplied to him at the expense of the Department, or in respect of which an outfit allowance has been paid to him, only one uniform suit without service badges and buttons and sufficient other garments, not including a raincoat, to enable him to be fully clothed on discharge.

(3.) Where for a reason other than a medical or a disciplinary reason a member is discharged within two years, but after three months, after his entry or re-entry, he is entitled to retain, free of charge, of the articles of uniform kit supplied to him at the expense of the Department, or in respect of which an outfit allowance has been paid to him, all articles of personal clothing, not being articles of, or associated with, outer clothing, and one uniform suit without service badges and buttons.

(4.) Where a member is discharged—

(a) after two years after his entry or re-entry for a reason other than a disciplinary reason; or

(b) at any time for a medical reason,

he is entitled, subject to sub-regulation (6.) of this regulation, to retain, free of charge, all articles of his uniform kit.

(5.) Where a member is discharged in circumstances specified in sub-regulation (2.) or sub-regulation (3.) of this regulation he is not entitled to retain any article of bedding equipment issued to him under this Part.

(6.) A member is not entitled to retain his hammock, clews, lanyards or lashings on discharge.

Interpretation.

184. In the last preceding regulation, a reference to the discharge of a member includes a reference to the termination of the appointment of an officer.

Part X.—Travel at Departmental Expense.

Division 1.—General.

Travel on duty.

185.—(1.) The cost of a member’s travelling on duty in accordance with a direction given by the proper Service authority shall, subject to and in accordance with this Division, be borne by the Department.

(2.) For the purpose of this regulation, the cost of the member’s travel includes the cost of freight of so much of his baggage as the Naval Board approves.

Method of travel.

186.—(1.) Subject to the succeeding provisions of this regulation, a member who travels on duty shall travel, and his baggage shall be conveyed, by rail where that method of travel is available.

(2.) Between such places and in such circumstances as are determined by the Naval Board, a member who travels on duty shall travel by public transport motor service, by sea or by air.

(3.) Subject to this Part, a member may, with the approval of the Naval Board, be permitted to use his own motor vehicle or the motor vehicle of another member for the purpose of travelling on duty.

(4.) Subject to such conditions as the Naval Board determines, a member who travels on duty may be permitted to travel by hired car.

Travel by rail.

187.—(1.) Subject to the succeeding provisions of this regulation, when travelling on duty by rail an officer or a man holding the rating of Chief Petty Officer shall be allowed first class accommodation and a man holding a rating lower than Chief Petty Officer shall be allowed second class accommodation.

(2.) A Petty Officer or a man holding a rating lower than Petty Officer shall be allowed first class accommodation, if it is available, when travelling on duty by rail on a journey by a narrow gauge line.

(3.) When travelling on duty by rail, an officer shall be allowed sleeping berth accommodation when it is available.

(4.) When a journey by rail necessitates travel for two or more consecutive nights, a Chief Petty Officer travelling on duty shall be allowed sleeping berth accommodation, when it is available, for each night of the journey.

(5.) The Naval Board may, where it considers that special circumstances exist, allow a superior class of accommodation for a man who would otherwise under this regulation be required to travel second class.

(6.) When travelling on duty by rail in the United Kingdom a member shall travel in the class of accommodation allowed for a member holding an equivalent rank or rating in the Royal Navy.

(7.) A commanding officer may, upon the recommendation of a medical practitioner, allow an invalid a superior class of accommodation to that which he would otherwise be allowed.

(8.) In this regulation, “a journey by a narrow gauge line” means a journey of more than fifty miles by a railway line in Australia where the gauge is three feet six inches or less, but does not include the railway line between Perth and Kalgoorlie when travelling to or from Adelaide.

Travel by air.

188.—(1.) When an officer travels on duty by air and the duration of the travel extends to the major portion of the night or after midnight, he shall be allowed sleeping accommodation if it is available.

(2.) When a member travels on duty by air, the cost of transport of excess baggage shall not be borne by the Department unless the Naval Board specially approves.

Booking charge

189. When a member travels on duty by rail or air and a charge is made for booking his seat, the cost of the booking shall be borne by the Department.

Travel by sea.

190.—(1.) Subject to the next succeeding sub-regulation, when an officer travels on duty by sea to or from a place oversea, he shall be allowed the class and grade of accommodation specified, in relation to the rank that he holds, in the following table:—

(2.) Where the grade of accommodation which an officer is allowed under the last preceding sub-regulation is not available in the ship in which the officer is directed to travel, he shall be allowed such lower grade of accommodation as the Naval Board approves.

(3.) The classes and grades specified in the table in sub-regulation (1.) of this regulation are those of the Peninsula and Oriental Steam Navigation Company or of the Orient Steam, Navigation Company Limited, and those classes and grades shall be deemed to be the standard for determining the class and grade of accommodation to be allotted in a ship of another line.

(4.) Accommodation including a private bath room or lavatory for which an additional charge is made shall not be allowed to an officer travelling on duty by sea to or from a place oversea unless it is necessary for his journey to be made in a ship in which cabin accommodation of the appropriate grade, not including those facilities, is not available.

(5.) Where an officer travels on duty to or from a place oversea and his wife travels with him at his expense, he may, with the approval of the Naval Board, travel by a one-class ship or in a lower grade of accommodation than that which is allowed to him under sub-regulation (1.) or sub-regulation (2.), as the case may be of this regulation and, in that event, he shall be paid the amount of the difference between the cost of the accommodation in which he travels and of that which is so allowable.

(6.) When a man travels on duty by sea to or from a place oversea, he shall be allowed the highest tourist class of accommodation.

(7.) When travelling on duty by sea from a place within Australia to another place within Australia, an officer shall be allowed first class accommodation and a man shall be allowed second class or tourist accommodation.

Payment where officer makes his own arrangements for travel.

191. When the Naval Board, in a special case, so approves, an officer who is required to travel on duty to or from a place oversea shall, on being granted permission to make his own arrangements for the travel, be paid an amount equal to—

(a) the amount which, if the Department had made arrangements for the travel, would have been payable in respect of the fare for the travel under the last preceding regulation; or

(b) the amount of the actual fare for the travel, whichever amount is the less.

Officer dismissed ship.

192.—(1.) Subject to the next succeeding sub-regulation, where an officer is sentenced by court-martial to be dismissed his ship, the cost of any journey undertaken by him following upon that dismissal or for the purpose of his taking up duty in the place of his next appointment shall not be borne by the Department.

(2.) If the cost of the officer’s fare for travelling after the dismissal from his ship to his home or from his home to the place of his next appointment exceeds Four pounds ten shillings, the Naval Board may approve of his reimbursement, in respect of either or both those journeys, to the extent to which the cost of the fare exceeds that sum.

Travel on termination of service.

193.—(1.) A member who at the time of his entry or re-entry into the Service resided in Australia shall, on the termination of his service otherwise than at his own request, be transported at the expense of the Department to the place at which he resided at the time of that entry or re-entry.

(2.) A member who at the time of his entry or re-entry into the Service resided outside Australia shall, on the termination of his service otherwise than at his own request, be transported at the expense of the Department to the capital city nearest to the place at which he was serving immediately prior to commencement of the proceedings for the termination of his service.

(3.) A member eligible to be transported at the expense of the Department to a place in Australia under sub-regulation (1.) or sub-regulation (2.) of this regulation may elect to travel to any other place in Australia, but, on the member so electing, the Department shall bear only so much of the cost of his fare to that other place as does not exceed the cost of his fare to the first-mentioned place.

(4.) Where a member is granted leave immediately before the termination of his service, the date of commencement of that leave shall, for the purposes of this regulation, be deemed to be the date of termination of his service.

Reimbursement of cost of insurance.

194.—(1.) Subject to the succeeding provisions of this regulation, a member who is required to travel on duty to a place oversea may be reimbursed such amount of the cost of marine insurance effected by him on his luggage and personal effects as the Naval Board approves.

(2.) An amount of reimbursement paid under this regulation shall not exceed—

(a) in the case of a member who remains appointed or drafted to a ship or naval establishment on the Australia Naval Station—an amount of Two hundred pounds; and

(b) in the case of any other member—an amount of Two hundred and fifty pounds.

(3.) An amount of reimbursement is not payable under this regulation to a member eligible to have the cost, or part of the cost, of marine insurance of his and his family’s effects reimbursed under Division 6 of this Part.

Tickets &c. improperly used.

195.—(1.) In the event of a ticket, a warrant or another document authorizing the provision of transport under these Regulations being used for a purpose other than the transport of the person to or in respect of whom the ticket, warrant or other document was issued, that person shall be liable to pay to the Department the amount of the value of the transport.

(2.) Where under the last preceding sub-regulation a person is liable to pay an amount to the Department, that amount may be deducted from any moneys that are or become payable to that person or may be recovered by suit in a court of competent jurisdiction.

Mileage allowance.

196. Where a member is permitted, under sub-regulation (3.) of regulation 186 of these Regulations, to use a motor vehicle for the purpose of travelling on duty, an allowance, called “mileage allowance”, is payable at such rates and subject to such conditions as the Naval Board determines to the member, or where the member uses the motor vehicle of another member, to that other member.

Payments for use of motor vehicles not deemed hire or reward.

197. Any allowance or other payment, made by the Department to a member under this Part, in respect of the use of a motor vehicle, shall not be deemed to be hire, reward or other consideration

within the meaning of any State law relating to motor vehicles, transport or traffic, and the member shall not be required to obtain any licence or permission or to pay any fee or tax under any State law by reason of the fact that he receives, or is entitled to receive, that allowance or other payment.

Division 2.—Allowances in respect of Travel on Duty.

Travelling allowance.

198. An allowance, called “travelling allowance”, is payable in accordance with the provisions of this Division.

Members visiting another place in the course of their duty.

199.—(1.) Where, in accordance with a direction given by the proper Service authority, a member visits a place within Australia other than his normal place of duty for the purpose of performing detached duty at that other place and that visit involves his absence overnight from his normal place of residence, travelling allowance is payable in respect of the period of the visit, that is to say, from the time of the member’s departure from his normal place of duty to the time of his return to that place.

(2.) For the purposes of this regulation, a married member shall not be deemed to be absent from his normal place of residence in respect of any period for which he is able to live at his home.

Members appointed or drafted for duty at another place

200. Where a member is serving at a place within Australia and is appointed or drafted for duty to another place within Australia and the time necessarily involved in travelling from the first-mentioned place to that other place for the purpose of taking up duty extends overnight, travelling allowance is payable in respect of the period of travel.

Rate of travelling allowance within Australia.

201.—(1.) Subject to this Division, the rate of travelling allowance within Australia is that specified, according to the rank or the rating of the member and the other circumstances, in the following table:—

(2.) The rate of travelling allowance within Australia payable to a member of the Naval Board or an officer of the rank of Rear Admiral or a higher rank is Four pounds four shillings per day.

(3.) The rate of travelling allowance within Australia payable to a Chaplain is—

(a) where he has less than fourteen years’ pay seniority—the rate prescribed for a Lieutenant Commander;

(b) where he has not less than fourteen years’ pay seniority but less than twenty-two years’ pay seniority—the rate prescribed for a Commander; or

(c) where he has not less than twenty-two years’ pay seniority—the rate prescribed for a Captain.

(4.) Any place in the New Guinea area shall be deemed to be a capital city for the purpose of this regulation, but the rate of allowance payable in respect of residence in a place in the New Guinea area or in the capital city of Darwin shall not be reduced after twenty-one days.

(5.) If a member on detached duty resides continuously for eight weeks in the same place, travelling allowance is not payable after the conclusion of that period except with the approval of the Naval Board and at such rates and subject to such conditions as the Naval Board determines.

(6.) A reference in this regulation to a rank or rating is a reference to the rank or rating that the member holds at the time in respect of which travelling allowance is payable.

Rate of allowance for journey.

202.—(1.) Subject to the succeeding provisions of this regulation, the rate of travelling allowance payable in respect of the period of an unbroken journey within Australia from one capital city to another, or, where at the outset of the journey a return trip is intended, from any place to a capital city and from that capital city back to the place at which the journey commenced, is the same rate as that prescribed by the last preceding regulation in respect of residence in a capital city.

(2.) Where—

(a) a member travels within Australia by other than a normal method of public transport; and

(b) the time so taken exceeds twenty-four hours,

the rate of travelling allowance payable to the member in respect of the time taken on that journey is the same rate as that prescribed by the last preceding regulation in respect of residence in a place other than a capital city.

(3.) The rate of travelling allowance payable in respect of any journey within Australia other than a journey referred to in sub-regulation (1.) of this regulation is the same rate as that prescribed by the last preceding regulation in respect of residence in a place other than a capital city.

(4.) The preceding provisions of this regulation do not apply to or in relation to a member referred to in sub-regulation (2.) of the last preceding regulation.

(5.) Where a member unnecessarily or for private reasons breaks his journey, travelling allowance is not payable in respect of the period of the break.

(6.) For the purposes of this regulation, a journey shall not be deemed to be broken at any point if the member travels from that point by the next available scheduled means of transport by which he is required to travel.

Reduction of rate when subsistence and accommodation are provided.

203.—(1.) Where under the preceding provisions of this Division travelling allowance is payable to a member and he is provided with subsistence or accommodation during the period in respect of which the allowance is payable, the rate of allowance payable shall be reduced in accordance with this regulation.

(2.) When the member is provided with Service accommodation, but not with Service victuals, the rate of allowance payable to the member is three-quarters of the prescribed rate.

(3.) When a member is provided with Service victuals, but not with Service accommodation, the rate of allowance payable to the member is one-half of the prescribed rate.

(4.) Where a member travels by rail or sea and the fare paid includes all necessary subsistence during the course of the journey, the rate of allowance payable to the member in respect of the period of the journey is one-quarter of the prescribed rate.

(5.) Where a member travels by civil aircraft on a journey involving a stop overnight en route and the fare paid includes all necessary subsistence and accommodation during the journey, the rate of allowance payable to the member, in respect of the period of the journey, is one-quarter of the prescribed rate.

(6.) Where a member travels by civil aircraft on a journey that does not involve a stop overnight en route, the prescribed rate is payable to the member without reduction in respect of the period of the journey.

Travelling allowance net payable in certain circumstances.

204.—(1.) Where a member to whom travelling allowance is payable under the preceding provisions of this Division is provided with Service accommodation and Service victuals, travelling allowance is not payable to him in respect of the period during which the accommodation and victuals are provided.

(2.) Where the member travels in a draft or by Service transport, travelling allowance is not payable to him except with the approval of the Naval Board.

Officer dismissed ship.

205. Where an officer is sentenced by court-martial to be dismissed his ship, travelling allowance is not payable to him in respect of any journey undertaken by him following upon his dismissal or for the purpose of his taking up duty in the place of his next appointment.

Variation or disallowance of claim.

206. The Naval Board, after having regard to the expenses reasonably incurred by a member for the full period for which travelling allowance is payable to him under this Division, may authorize payment of a greater or less amount than the amount prescribed by this Division to be payable or may disallow payment of a member’s claim for travelling allowance.

Calculation of allowance for part of day.

207. Where the time in respect of which an allowance under this Division is payable consists of, or includes, part of a day, the member shall, in respect of that part of a day, be paid a proportionate part of the amount of the allowance payable in respect of a complete day of twenty-four hours, calculated to the nearest hour.

Travelling allowance—United Kingdom.

208. Where a member serving in the United Kingdom—

(a) visits a place in the United Kingdom other than his normal place of duty for the purpose of performing detached duty at that other place; or

(b) on being appointed or drafted for duty to a place within the United Kingdom, travels to that place for the purpose of taking up duty from the place at which he was serving,

he may, unless he is eligible for a short-term duty travelling allowance, be paid a travelling allowance at such rate and subject to such conditions as the Naval Board determines.

Short-term duty-travelling allowance.

209.—(1.) Where a member travels on a short-term duty visit, he shall, in respect of such period of his stay in the place of destination as the Naval Board approves, be paid an allowance, called “short-term duty travelling allowance”.

(2.) Short-term duty travelling allowance is payable at such rate and subject to such conditions as the Naval Board determines.

(3.) Where the member incurs hotel expenses, the Naval Board may take the amount of those expenses into account in determining the rate of allowance payable to the member or may approve of his being reimbursed that amount in addition to such allowance (if any) as the Naval Board determines to be otherwise payable.

(4.) In this regulation, “hotel expenses” means expenses reasonably incurred for accommodation, or accommodation and meals, as the case may be, at a hotel or other house of accommodation.

(5.) For the purposes of the last preceding sub-regulation, if the accounts for hotel expenses do not specify the respective charges for accommodation and meals, the cost of meals shall be deemed to be such amount as the Naval Board determines.

(6.) Where the member lives in, the amount of the charges paid by him for messing and accommodation shall, for the purpose of this regulation, be deemed to be the amount of hotel expenses incurred by him.

(7.) Where an allowance is payable to a member under this regulation, an allowance is not payable to him under any other provision of this Division.

Shipboard allowance.

210.—(1.) Subject to the next succeeding sub-regulation, where a member travels on duty by air, land or sea to or from an oversea destination and—

(a) the fare paid for him includes subsistence; and

(b) he travels under normal civilian passenger conditions, he shall be paid, in respect of the period of the journey from embarkation to disembarkation, an allowance, called “shipboard allowance” at the rate of Ten shillings (sterling) per day.

(2.) Shipboard allowance is not payable—

(a) to a member to whom travelling allowance is payable under another provision of this Division;

(b) except with the approval of the Naval Board, to a member travelling in a draft;

(c) to a member where he travels to Australia under an immigration scheme of the Commonwealth; or

(d) to a member to whom an allowance is payable under regulation 105 of these Regulations.

Meal allowance.

211. If, in accordance with a direction given by the proper Service authority—

(a) a member travels on duty or detached duty in circumstances in which an allowance under the preceding provisions of this Division is not payable to him; or

(b) he is on duty before or after the normal time for commencing or ceasing duty,

an allowance, called “meal allowance”, is payable to the member at such rates and subject to such conditions as the Naval Board determines.

Division 3.—Fares and Travelling Expenses of Entrants.

Fares.

212.—(1.) When a prospective entrant into the Service makes a journey to the place of his interview and medical examination or his entry after his selection for appointment or enlistment, the cost of his transport from his residence to that place shall, subject to the succeeding provisions of this Division and such conditions as are determined by the Naval Board, be borne by the Department.

(2.) If a prospective entrant is not entered immediately after his interview and medical examination and returns to his residence to await further instructions from the Department, the cost of his transport from the place of interview and examination to his residence shall, subject to the succeeding provisions of this Division, and such conditions as are determined by the Naval Board, be borne by the Department.

Method of travel.

213.—(1.) Subject to the next succeeding sub-regulation, the provisions of Division 1 of this Part relating to method of travel and class of travelling accommodation, in respect of a journey referred to in the last preceding regulation, apply to and in relation to—

(a) a prospective entrant, being a candidate for entry as a Cadet Midshipman or a direct entry officer, as if he were an officer; and

(b) a prospective entrant as a man, as if he were a man holding a rating lower than Petty Officer.

(2.) If a prospective entrant travels by air, a payment shall not be made by the Department under this Division in respect of the journey unless—

(a) there is no suitable means of travel except by air; and

(b) the Naval Board approves of the journey by air.

Travelling expenses.

214.—(1.) Subject to the next succeeding regulation and to such conditions as are determined by the Naval Board, a prospective entrant who makes a journey referred to in regulation 212 of these Regulations

stall, in respect of expenses necessarily incidental to, and incurred by him in the course of, that journey, be paid—

(a) an amount equivalent to the amount of the expenses that he actually incurs; or

(b) an amount equivalent to the amount of travelling allowance or meal allowance that would have been payable under the last preceding Division in respect of a similar journey to an officer or a man holding the same rank or rating as that to be held by the prospective entrant upon his entry,

whichever is the less.

(2.) The last preceding sub-regulation does not apply in respect of a journey confined within the boundaries of a capital city, but, if the prospective entrant, during the course of the journey, necessarily purchases a midday meal, he may be paid in respect of the cost to him of that meal such amount as the Naval Board determines.

Accommodation and meals.

215.—(1.) Whenever practicable, suitable Service accommodation and meals shall be provided for a prospective entrant making, in accordance with a direction given by the Department, a journey referred to in regulation 212 of these Regulations where the journey necessitates his absence from his normal residence over night.

(2.) Reimbursement of expenses is not payable under the last preceding regulation in respect of any period of a journey during which—

(a) Service accommodation and meals are provided in pursuance of the last preceding sub-regulation; or

(b) the fare paid covers the provision of meals en route.

Division 4.—Leave Travel Concessions.

Definitions.

216. In this Division—

“leave” means a period of home service, foreign service or compassionate leave granted to a member;

“leave year” means any period commencing on the first day of February and ending on the next succeeding thirty-first day of January.

Members travelling on leave—payment of fares.

217.—(1.) This regulation applies to and in relation to a member who, having been granted leave, other than leave immediately before the termination of his service, travels from the locality in which he is serving to another locality for the purpose of spending the period, or part of the period, of leave in the last-mentioned locality.

(2.) The fare of the member for travel to and from the locality in which a period of home service or foreign service leave is spent shall, subject to this Division and to such conditions as the Naval Board determines, be paid by the Department—

(a) in the case of a member of the Permanent Naval Forces (Sea-going) other than a member serving at the Weapons Research Establishment, Woomera, or at such other place as the Naval Board determines—on two occasions in each leave year;

(b) in the case of a member of the Permanent Naval Forces (Auxiliary Services)—on one occasion in each leave year;

(c) in the case of a member serving at the Weapons Research Establishment, Woomera, or at such other place as the Naval Board determines—on each occasion, not exceeding two occasions, on which he is granted such leave in each leave year; and

(d) in the case of a Cadet Midshipman undergoing training at the College—on three occasions in each leave year.

(3.) The fare of the member for travel to and from the locality in which a period of compassionate leave is spent shall, subject to this Division and to such conditions as the Naval Board determines, be paid by the Department.

(4.) The destination to which the member may travel at the expense of the Department is such as the Naval Board approves.

Members whose leave is deferred.

218. Where under regulation 139 of the Naval Forces Regulations a member’s leave is deferred from one leave year to the next succeeding leave year, and the member—

(a) has been unable, by reason of the deferment, to travel at the expense of the Department on one occasion for which he would otherwise have been eligible under the last preceding regulation; and

(b) travels, for the purpose of leave granted in the next succeeding leave year, on an occasion additional to the occasion or occasions specified in sub-regulation (2.) of the last preceding regulation in respect of the class of member to which he belongs,

he is eligible for payment of his fare by the Department on that additional occasion.

Member recalled from leave.

219.—(1.) Where a member is recalled to duty from leave in respect of which his travel fare is payable by the Department, his commanding officer may, subject to sub-regulation (3.) of this regulation, authorize payment of his fare by the Department in respect of travel for the purpose of spending the unexpired portion of his leave in a locality other than that in which he is serving.

(2.) Payment of the member’s fare under the last preceding sub-regulation shall not be deemed to be payment of his fare in respect of an occasion specified in sub-regulation (2.) of regulation 217 of these Regulations.

(3.) A member is not eligible for payment of his travel fare under sub-regulation (1.) of this regulation if the portion of his leave unexpired on his recall is not sufficient to allow him to spend at least twenty-four hours at his destination.

Fares not payable for short journeys.

220. A member’s travel fare is not payable by the Department under the preceding provisions of this Division unless its cost exceeds—

(a) in the case of a member who is eligible under these Regulations when travelling on duty to travel first class by rail at the expense of the Department—Seven shillings and sixpence; or

(b) in the case of a member who is not so eligible—Five shillings.

Leave travel in the New Guinea area.

221.—(1.) Subject to the succeeding provisions of this regulation, where a member serving in the New Guinea area is granted leave and travels to and from the Wau Leave Centre, or to and from Goroka, the travel fare of the member and of any member of his family who travels with him, may, subject to such conditions as the Naval Board determines, be paid by the Department.

(2.) A travel fare is not payable by the Department under this regulation unless the member makes a contribution to the Department of—

(a) in a case where only the member travels, Seven pounds ten shillings; or

(b) in a case where a member of his family also travels, Ten pounds.

(3.) The travel fare of a member and of any member of his family is not payable by the Department under this regulation more than once in any period of two years.

Married member serving in a district allowance locality and travelling on leave.

222.—(1.) This regulation applies to and in relation to a married member who—

(a) is serving and residing with members of his family in a locality in respect of which district allowance is payable to him;

(b) has completed a period of two years’ residence in that locality;

(c) has volunteered to serve for a further period of not less than one year in that locality; and

(d) having been granted home service leave, travels from that locality to another locality for the purpose of spending the period, or part of the period, of leave in the last-mentioned locality.

(2.) The travel fare of the member to and from the nearest capital city and of any member of his family who travels with him shall, subject to the succeeding provisions of this regulation, be paid by the Department.

(3.) Where the further period for which the member has volunteered to serve is less than two years, the travel fare is not payable by the Department unless the member makes a contribution to the Department of—

(a) in a case where only the member travels, Seven pounds ten shillings; or

(b) in a case where a member of his family also travels, Ten pounds.

(4.) Where the further period for which the member has volunteered to serve is not less than two years, the travel fare of the member and of any member of his family who travels with him is payable by the Department without any contribution by the member.

Member serving in a district allowance locality and travelling on furlough.

223. Where a married member, while serving and residing with members of his family in a locality in respect of which district allowance is payable to him, is granted furlough and travels from that

locality to another locality for the purpose of spending the period, or part of the period, of furlough in the last mentioned locality, the travel fare of the member to the nearest capital city and of any member of his family who travels with him shall be paid by the Department.

Alternative travel.

224.—(1.) Where a member is eligible under regulation 222 or regulation 223 of these Regulations for payment of the travel fares of the member and members of his family to the nearest capital city, he may elect to travel to any other place in Australia, but, on the member so electing, the, Department shall pay only so much of the cost of the travel fares to that other place as does not exceed the cost of the travel fares to the nearest capital city.

(2.) Where the Naval Board is satisfied that any member of a member’s family to and in relation to whom the provisions of regulation 222 or regulation 223 of these Regulations apply requires medical treatment, the Naval Board may approve of payment of the travel fares of that person and any other member of the member’s family who travels with that person for the purpose of the medical treatment in lieu of payment of the travel fares in the circumstances in respect of which those provisions apply.

Interpretation.

225. For the purposes of the last three preceding regulations—

(a) “child”, in relation to a member, means—

(i) the child (not being an ex-nuptial child) or the step-child of the member; or

(ii) the legally adopted child of the member, who is—

(iii) under the age of sixteen years; or

(iv) certified by a duly qualified medical practitioner to be a permanent invalid,

and who is dependent upon the member;

(b) “member of family”, in relation to a member, means the member’s wife, or child of the member, who has been removed at the expense of the Department to the locality in respect of which district allowance is payable to the member;

(c) “the nearest capital city” means the capital city in Australia nearest to the locality in respect of which district allowance is payable to the member, except that, if that locality is in the New Guinea area, Sydney shall be deemed to be the nearest capital city and, if that locality is Darwin, whichever of the cities of Perth, Brisbane, Sydney, Melbourne or Adelaide that the member nominates shall be deemed to be the nearest capital city; and

(d) a member of his family shall be deemed to travel with the member if the member of his family travels at the same time as the member or within the period of three months immediately before or after the commencement of the member’s journey.

Air transport of excess luggage—New Guinea area.

226.—(1.) Where, under regulation 222, regulation 223 or regulation 224 of these Regulations, the travel fare of a married member or a member of his family in respect of travel by air to or from the New Guinea area is paid by the Department, the cost of air freight of excess baggage not exceeding—

(a) in the case of a member not accompanied by a member of his family—twelve pounds weight;

(b) in the case of a member accompanied by a member of his family—twenty-four pounds weight; and

(c) in the case of members of a member’s family not accompanying the member—twelve pounds weight,

shall, subject to such conditions as the Naval Board determines, be borne by the Department.

(2.) Where a member of the member’s family is a child under three years of age who is accompanied by the member or his wife, the cost of air freight of baggage, not exceeding forty-four pounds weight, in addition to baggage referred to in the last preceding sub-regulation, shall, subject to such conditions as the Naval Board determines, be borne by the Department.

Sleeping berths.

227. Payment by the Department of the cost of a travel fare under this Division does not include payment of the cost of a sleeping berth except—

(a) in respect of a journey between Kalgoorlie and Port Augusta; or

(b) in the case of an officer who is travelling by rail in charge of a party of men proceeding on or returning from leave and for whom a sleeping berth on the train is available.

Method of travel and class of accommodation.

228. The provisions of regulations 186, 187, 188, 189 and 190 of these Regulations shall, subject to such modifications and exceptions as the Naval Board determines, apply to and in relation to—

(a) a member whose travel fare is paid under this Division—as if the member were travelling on duty; and

(b) a member of a member’s family whose travel fare is paid under this Division—as if that person were the member.

Mileage allowance—travel on leave.

229. A member may be permitted to use his own motor vehicle or the motor vehicle of another member for the purpose of travel under this Division, and in such case an allowance, called “mileage allowance”, is payable at such rates and subject to such conditions as the Naval Board determines to the member, or where the member uses the motor vehicle of another member, to that other member.

Monthly leave travel.

230.—(1.) Upon the application of a member who is granted short leave and upon payment by him to the Department of the sum of Seven shillings and sixpence, the cost of his travel fare, by rail or by road, to and from a destination approved by the Naval Board may be borne by the Department.

(2.) Payment of a member’s travel fare under the last preceding sub-regulation shall not be made on more than one occasion in each month and is not payable within thirty days before the commencement, or after the termination, of long leave granted to the member.

Division 5.—Removals within Australia.

Removal of member’s family, furniture and effects.

231. (1.) A member’s family and Ms household furniture and effects may be removed at the expense of the Department from one locality within Australia to another locality within Australia in such circumstances and subject to such conditions as the Naval Board determines.

(2.) Where a member’s family or his household furniture and effects are removed under the last preceding sub-regulation—

(a) the member may be paid such allowances or reimbursements in respect of expenses incurred by him, in the course of, or incidental to, the removal as the Naval Board determines; and

(b) his household furniture and effects may be stored by or at the expense of the Department,

subject to such conditions as the Naval Board determines.

(3.) Without limiting the generality of the power conferred by the last preceding sub-regulation, the matters in respect of which power is conferred upon the Naval Board to make a determination include compensation for sale by the member of furniture and effects and for accelerated depreciation of the value of the member’s household furniture and effects due to the extra wear and tear necessarily caused by their removal.

(4.) The preceding provisions of this regulation apply to and in relation to the transport and storage within Australia of the household furniture and effects of a member where his family is provided with passages under regulation 233 or sub-regulation (2.) of regulation 234 of these Regulations except to the extent to which express provision is made in respect of these matters by Division 6 of this Part.

(5.) In this regulation, a reference to a member’s effects is a reference to the household and personal effects of the member and the members of his family.

Division 6.—Passages.

Interpretation.

232.—(1.) In this Division, unless the contrary intention appears—

“child” in relation to a member, means—

(a) the child (not being an ex-nuptial child) or the stepchild of the member; or

(b) the legally adopted child of the member;

“family”, in relation to a member, means the persons who ordinarily reside with the member, being—

(a) his wife;

(b) his child under the age of twenty-one years;

(c) a child of the member who has attained the age of twenty-one years but is, through illness or infirmity, dependent upon the member;

(d) a dependent mother of the member or of his wife; or

(e) a dependent father of the member or of his wife, if dependent upon the member through illness or infirmity,

and, in the case of a member who is widowed, divorced or separated from his wife and has children under the age of twenty-one years, includes a person residing in a home maintained by the member for his children and acting as housekeeper or guardian of the children;

“separated”, in relation to a member, means where the member lives apart from his wife for other than Service reasons.

(2.) Where a member requests that his daughter, although she has attained the age of twenty-one years, should be regarded as a member of his family for the purposes of this Division—

(a) because she is performing essential domestic duties in his household; or

(b) for other special reasons,

the Naval Board may approve of her being so regarded.

(3.) Although a person is one of a member’s family as defined in sub-regulation (1.) of this regulation, he shall be deemed not to be included in the member’s family for the purposes of this Division if the Naval Board is not satisfied that the circumstances of the member’s family justify that person being provided, at the expense of the Department, with a passage to an oversea destination.

(4.) A person specified in paragraph (c), (d) or (e) of the definition of “family” in sub-regulation (1.) of this regulation shall not be deemed to be dependent upon the member unless—

(a) the person is wholly dependent upon the member; or

(b) the Naval Board determines that in the circumstances of the case the person, being partially dependent, should be regarded as dependent upon the member.

(5.) Where a passage to an oversea destination has been provided for a member’s child at the expense of the Department, or a member has been reimbursed, under regulation 235 of these Regulations$$. in respect of the passage of his child to an oversea destination, and the child attains the age of twenty-one years while oversea, that child shall be deemed to be a member of the member’s family for the purpose of the provisions of this Part relating to the provision of return passages to Australia for a member’s family.

(6.) A reference in a provision in this Division to the furniture or effects of a member is a reference to such items of furniture or other chattels as the Naval Board determines to be furniture or effects to and in relation to which that provision applies.

(7.) Nothing in this Division shall be deemed to authorize the provision of passages at the expense of the Department otherwise than by sea.

Provision of passages for families of certain married members appointed or drafted for oversea service.

233.—(1.) Subject to the succeeding provisions of this Division where a married member is appointed or drafted for shore service or general service oversea and is intended to be absent from Australia on that service for not less than two years, his family shall be provided, at the expense of the Department, with passages to and from the oversea destination of the member.

(2.) If the married member is appointed or drafted for general service oversea, provision of the passages for his family is subject to the approval of the Minister.

Family to accompany member on forward journey.

234.—(1.) Subject to the next succeeding sub-regulation, passages for the family of a member to his oversea destination shall not, except with the approval of the Minister, be provided at the expense of the Department unless the members of the family accompany the member on the journey.

(2.) Where a married member is appointed or drafted for shore service or general service oversea and is intended to be absent from Australia on that service for a period of less than two years, but, after his departure from Australia, the period of oversea service for which he is appointed or drafted is extended so that he is intended to be absent from, Australia for a period of not less than two years, the Minister may approve of the provision of passages, at the expense of the Department, for the family of the member to and from the member’s oversea destination, if it is expected that the members of the family will be able to spend not less than eighteen months at the member’s oversea destination.

(3.) Passages shall not be provided under the last preceding sub-regulation until the member has paid to the Department any amount that he is liable to refund under sub-regulation (3.) of regulation 100 of these Regulations.

$$ of member who has provided passages for family at his own expense.

235. Where the period for which a married member is appointed or drafted for shore service or general service oversea is extended as described in sub-regulation (2.) of the last preceding regulation and the member has taken his family to his oversea destination at his own expense, the Naval Board may approve of payment to the member of an amount equivalent to—

(a) the amount of the expense so incurred by the member; or

(b) the amount of the cost that would have been incurred by the Department if the passages had been arranged by the Department,

whichever is the less.

Family to accompany member on return journey.

236.—(1.) Subject to the succeeding provisions of this regulation, return passages to Australia shall not be provided at the expense of the Department unless the members of the family accompany the member on the journey.

(2.) Where the member is prevented by Service reasons from accompanying his family, return passages to Australia may be provided for his family at the expense of the Department if the members of his family travel to Australia by the next available passenger ship after the departure of the member for Australia.

(3.) Where the member is unable to accompany his family for other than Service reasons, the Naval Board may approve of the provision of return passages to Australia for his family at the expense of the Department if the Naval Board considers that the circumstances justify that approval.

Return passages to be provided at the expense of the Department only where forward passages so provided.

237.—(1.) Subject to the next succeeding sub-regulation, return passages to Australia for a member’s family shall not be provided at the expense of the Department unless passages to the oversea destination of the member were provided for the family at the expense of the Department or the member was reimbursed, under regulation 235 of these Regulations, in respect of their passages to the oversea destination.

(2.) Where a member marries while on oversea service and the member’s family would have been eligible under regulation 233 of these Regulations for passages to and from his oversea destination if he had been a married member before his departure from Australia for that destination, the Naval Board may approve of the provision of passages to Australia at the expense of the Department for the member’s wife and child (if any).

(3.) In addition to the members of a member’s family specified in the last preceding sub-regulation, a passage to Australia at the expense of the Department may also be provided for any other member of his family approved by the Naval Board if it considers that special circumstances justify such approval.

(4.) Where passages for a member’s family were not provided at the expense of the Department because the member’s family travelled to the member’s oversea destination before the member, sub-regulation (1.) of this regulation does not prevent passages to Australia being provided for the member’s family at the expense of the Department.

Return passages not to be provided before completion by member of two years’ service.

238. Passages to Australia shall not be provided at the expense of the Department for a member’s family before the member has been absent from Australia for a period of two years unless the Minister otherwise approves on compassionate grounds or because he considers that other special circumstances justify such an approval.

Storage and transport of effects and class of accommodation during passage.

239.—(1.) Where, under this Division, the family of a member is transported at the expense of the Department—

(a) members of his family shall be transported at the expense of the Department from their place of residence in Australia to the port of embarkation in Australia and from the oversea port of disembarkation to the place of their residence oversea;

(b) members of his family shall, wherever possible, be provided with the same class of accommodation as that provided for the member when travelling on duty;

(c) such items and quantity of the effects of the member and his family as the Naval Board approves shall also be transported at the expense of the Department; and

(d) such items of the furniture and effects of the member and his family, other than those referred to in the last preceding paragraph, as the Naval Board approves, shall be stored in Australia at the expense of the Department, subject to such conditions as the Naval Board determines.

(2.) The reference to storage in paragraph (d) of the last preceding sub-regulation includes necessary packing and unpacking and transport to and from the store.

Removal while oversea.

240.—(1.) Where a member whose family has beeen transported under this Division at the expense of the Department is appointed or drafted from one ship or naval establishment to another while oversea, his family and such items of the member’s and his family’s effects as the Naval Board approves may be removed at the expense of the Department to the locality of that other ship or naval establishment.

(2.) The reference to removal in the last preceding sub-regulation includes necessary packing and unpacking.

Insurance of effects during transport.

241. Where a member insures his and his family’s effects against loss or damage during transport referred to in paragraph (c) of regulation 239 or regulation 240 of these Regulations, he shall be reimbursed the cost of insuring those effects for their true value or Six hundred pounds, whichever is the less.

Inclusion of certain members as married members.

242. Where a member is a widower or a person against whom a court order for the maintenance of his wife is in existence who voluntarily maintains his children, though not in his own home, his family shall not be provided with passages at the expense of the Department under this Division except with the approval of the Naval Board.

Transport of furniture to Australia.

243.—(1.) Where a member, whose family was provided with passages to an oversea destination at the expense of the Department or has been reimbursed under regulation 235 of these Regulations in respect of passages of his family to an oversea destination, maintained a domestic establishment oversea and purchased additional necessary furniture while oversea, he shall be reimbursed the cost of transport to Australia of so much of that furniture as does not exceed two shipping tons.

(2.) Where a member whose family is provided with passages to Australia under sub-regulation (2.) of regulation 237 of these Regulations maintained a domestic establishment oversea and purchased furniture while oversea, he shall, subject to the approval of the Naval Board, be reimbursed the cost of transport to Australia of so much of that furniture as does not exceed two shipping tons.

(3.) Where a member insures his furniture against loss or damage during transport referred to in sub-regulation (1.) or (2.) of this regulation, he shall be reimbursed the cost of insuring the furniture for its true value or Two hundred pounds, whichever is the less.

(4.) In this regulation, “a domestic establishment” means a house including a section of a house, or a flat, occupied by the member as a place of residence for himself and his family, but does not include a boarding, or a lodging house, or an establishment that, in the opinion of the Naval Board, is similar to a boarding or a lodging house.

Part XI.—Medical and Dental Treatment.

Medical and dental treatment.

244.—(1.) Subject to the succeeding provisions of this regulation, medical and dental treatment of such nature and in such cases as the Naval Board approves shall, subject to such conditions as the Naval Board determines, be provided for members by or at the expense of the Department.

(2.) A member who is—

(a) on the Half-pay List;

(b) on furlough or extended leave;

(c) on leave without pay granted in accordance with regulation 147 of the Naval Forces Regulations,

is not eligible to be provided with medical or dental treatment under the last preceding sub-regulation.

(3.) Where a member has been provided with medical treatment at the expense of the Department under sub-regulation (1.) of this regulation and the Naval Board is of opinion—

(a) that the member has an enforceable claim against any person for damages in respect of the illness or injury for which the medical treatment was provided; or

(b) that the expense of the treatment should not be borne by the Department for any other reason,

the Naval Board may require the member to pay to the Department such amount, not exceeding the expense incurred by the Department, as the Naval Board determines.

(4.) Without prejudice to the right of the Commonwealth to recover by other means an amount payable under the last preceding sub-regulation by a member to the Department, that amount may be deducted from the pay and allowances that are or become payable to the member under these Regulations.

Part XII.—Absence on the Ground of Illness.

Pay while checked sick or on sick leave.

245.—(1.) A member may be granted sick leave in such circumstances, and for such period as the Naval Board approves.

(2.) Where a member is checked sick or granted sick leave, he shall, subject to such conditions as the Naval Board determines, be paid, in respect of the period of his absence from duty, such rate (if any) of active pay and allowances as the Naval Board approves.

Part XIII.—Furlough and Extended Leave

Definitions.

246. In this Part, unless the contrary intention appears—

“pay”, in relation to a member means such rate of active pay and deferred pay (if any) appropriate to his rank or rating, as the Naval Board determines, and includes, subject to such conditions as the Naval Board determines, such allowances at such rates as the Naval Board determines;

“service” means such service in the Defence Force, and includes such employment by the Commonwealth or a State or by an authority of the Commonwealth or a State, as the Naval Board determines.

Furlough.

247.—(1.) Subject to this Part, where a member has rendered not less than fifteen years’ service, the Naval Board may grant him leave of absence, called “furlough”, for a period not exceeding three-tenths of one month on full pay, or three-fifths of one month on half-pay, in respect of each completed year of his service.

(2.) A member stall not be granted furlough exceeding a continuous period of twelve months at any one time.

(3.) Upon the termination (otherwise than by death) of the service of a member who has rendered not less than fifteen years’ service, the Naval Board may, instead of granting the member furlough, authorize payment of a sum, equivalent to the amount of pay payable to the member in respect of a period of furlough not exceeding that which could have been granted him under sub-regulation (1.) of this regulation.

(4.) Where an officer, being enrolled on the Emergency List immediately after service in the Permanent Naval Forces, continues to render continuous full time service, his service in those Forces shall be deemed, for the purpose of the last preceding sub-regulation, not to have been terminated.

(5.) Upon the death of a member who, at the date of his death, was eligible for grant of furlough, the Naval Board may authorize payment to his dependants of a sum equivalent to the amount of pay that would, under sub-regulation (3.) of this regulation, have been payable to him if his service had been terminated otherwise than by death.

Extended leave or pay in lieu for members not eligible for furlough.

248.—(1.) A member who is not eligible for furlough under the last preceding regulation, having less than fifteen years’ service to his credit, may, subject to this Part, be granted leave of absence, called “extended leave”, or pay in accordance with the succeeding provisions of this regulation.

(2.) Where the member is to be retired from the Service on or after his attaining the age for compulsory retirement of a member holding his rank or rating, as the case may be, the Naval Board may grant him, immediately before his retirement, leave of absence on full pay for a period not exceeding that specified in the following scale in relation to the period of his service:—

(3.) Instead of granting the member leave in pursuance of the last preceding sub-regulation, the Naval Board may authorize payment to him upon retirement of a sum equivalent to the amount of pay payable to him in respect of a period of leave not exceeding that which could have been granted under the last preceding sub-regulation.

(4.) Where an officer, being enrolled on the Emergency List immediately after service in the Permanent Naval Forces, continues to render continuous full-time service, the termination of his service in those Forces shall not be deemed, for the purposes of the last two preceding sub-regulations, to be retirement from the Service.

(5 ) Where a member has completed not less than four but less than fifteen years’ service and—

(a) he is invalided from the Service;

(b) his invalidity is permanent and not due to misconduct or to circumstances within his own control: and

(c) he has completed eight years’ service or but for his being invalided would have been eligible under his commission or engagement to complete not less than eight years’ service before reaching the age for compulsory retirement for a member holding his rank or rating,

the Naval Board may authorize payment to him—

(d) if he has not completed eight years’ service—of a sum equivalent to the amount of two months’ pay, or

(e) if he has completed eight years’ service—of a sum equivalent to the amount of pay that would have been payable to him under sub-regulation (3.) of this regulation if he had, at the date of his invaliding, retired from the Service on attaining the age for his compulsory retirement.

(6.) Where a member has completed not less than four but less than fifteen years’ service and—

(a) he dies; and

(b) he has completed eight years’ service or, but for his death, would have been eligible under his commission or engagement to complete not less than eight years’ service before reaching the age for compulsory retirement for a member holding his rank or rating,

the Naval Board may authorize payment to his dependants—

(c) if he has not completed eight years’ service—of a sum equivalent to the amount of two months’ pay; or

(d) if he has completed eight years’ service—of a sum equivalent to the amount of pay that would have been payable to him under sub-regulation (3.) of this regulation if he had at the date of his death, retired from the Service on attaining the age for his compulsory retirement.

Effect of prior grant of pay in lieu of leave to certain officers.

249. Where an officer who, before the commencement of these Regulations, was transferred from the Active List to the Emergency List and, immediately after that transfer, was re-appointed for continuous full-time service and was paid, at the time of that transfer, pay in lieu of furlough, the amount of pay in lieu of furlough payable under this Part to or in respect of the officer shall be ascertained by deducting from the amount payable under this Part in respect of the period of his service the amount paid to him on that transfer.

Maximum period of furlough or extended leave.

250.—(1.) Where a member is eligible for leave of absence or pay in lieu of leave of absence under this Part—

(a) the period of the leave or pay shall be reduced by any period of leave of absence or pay in lieu of leave of absence of a similar nature previously granted to the member under this Part and any other law of the Commonwealth (including the repealed Regulations) or of a State or Territory of the Commonwealth in respect of any service that is permitted to count as service under this Part; and

(b) the total period of leave of absence or pay in lieu of leave of absence that may be granted under this Part and any other law referred to in the last preceding paragraph does not exceed twelve months leave of absence on full pay or pay in lieu of such leave.

(2.) In this regulation, a reference to a period of leave of absence is a reference to leave of absence on full pay and, where a member has been granted a period of leave of absence on reduced pay, he shall be deemed, for the purpose of this regulation, to have been granted such period of leave of absence on full pay as is equivalent to the leave of absence on reduced pay that he was actually granted.

Part XIV.—Women’s Royal Australian Naval Service.

Officers’ rate of active pay.

251. The daily rate of active pay of an officer of the Women’s Service is the rate specified, in relation to the rank that she holds and her pay seniority, in the following table:—

Servicewomen—rate of active pay.

252.—(1.) Subject to the next succeeding sub-regulation, the daily rate of active pay of a servicewoman holding the rating of Recruit Wran who is under twenty-one years of age is Sixteen shillings and twopence per day.

(2.) The daily rate of active pay of a Recruit Wran—

(a) who has attained the age of twenty-one years; or

(b) who has completed six months’ service and whose failure to qualify for the rating of Wran is due to a cause outside her own control,

is Nineteen shillings and twopence per day.

(3.) The daily rate of active pay of a servicewoman holding the rating of Wran or a higher rating is the rate specified, in relation to her rating and group and her pay seniority, in the following table:—