STATUTORY RULES
1970 No. 203
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*
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 1910-1968.
Dated this fourteenth day of December, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for the Navy.
Amendments of the Naval Financial Regulations†
1. Regulations 76 and 76a of the Naval Financial Regulations are repealed and the following regulations inserted in their stead:—
Aircrewmen flying pay.
“76.—(1.) This regulation applies to a man of the Aircrew Branch and to a man included in the Aircrewmen Category of the Naval Airman Branch.
“(2.) Subject to the succeeding sub-regulations of this regulation, an allowance, called ‘aircrewmen flying pay’, is payable to a man to whom this regulation applies—
(a) if he is undergoing a course of training for flying duties—at the rate of One dollar ten cents per day; or
(b) if he has qualified at a course of training for flying duties—at the rate of Two dollars nineteen cents per day.
“(3.) Where a man to whom this regulation applies is medically unfit for flying duties and the unfitness is due to circumstances within his own control, aircrewmen flying pay is not payable to him in respect of the period of unfitness for flying duty.
“(4.) Where a man to whom this regulation applies is found to be permanently medically unfit for flying duties, aircrewmen flying pay is not payable to the man—
(a) if the unfitness is due to a wound received in action or to an injury received in a flying accident—after the expiration of twelve months from the date on which he receives the wound or injury; or
(b) if the unfitness is due to any other cause—after the date on which he is found to be permanently medically unfit for flying duties.
“(5.) Where—
(a) a direction is given that a man to whom this regulation applies is not to be employed on flying duties; and
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote † to Statutory Rules 1970, No. 12; and see also Statutory Rules 1970, Nos. 12, 36, 38, 60 and 61.
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(b) the direction is given for a reason other than that the man is medically unfit for flying duties,
aircrewmen flying pay is not payable to the man in respect of the period from and including the date on which he ceases to be employed on flying duties in accordance with the direction to and including the day on which the direction is revoked or he ceases to be a man to whom this regulation applies, whichever first occurs.
Flight pay.
“76a—(l.) Subject to the next succeeding sub-regulation, where a man is drafted for duty with an air squadron or helicopter flight in a position of assistant crewman, winch operator, search and rescue diver or winch operator and gunner, an allowance, called ‘flight pay’, is payable to him—
(a) in the case of a man who is drafted for duty in a position of assistant crewman or winch operator—
(i) if he is undergoing a course of training for the purpose of fitting him to perform the duties of the position—at the rate of Forty-one cents per day; or
(ii) if he has qualified at such a course of training—at the rate of Eighty-two cents per day; or
(b) in the case of a man who is drafted for duty in a position of search and rescue diver or winch operator and gunner—
(i) if he is undergoing a course of training for the purpose of fitting him to perform the duties of the position—at the rate of Eighty-two cents per day; or
(ii) if he has qualified at such a course of training—at the rate of One dollar sixty-four cents per day.
“(2.) Flight pay is not payable to a man under the last preceding sub-regulation in respect of any day in respect of which aircrewmen flying pay is payable to him under the last preceding regulation.”.
Accommodation allowance.
2.—(1.) Regulation 94a of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) Notwithstanding the preceding sub-regulations of this regulation, the rate at which accommodation allowance is payable to a man in respect of the refitting of H.M.A.S. Derwent that commenced on the second day of September, 1970, is a rate equal to the amount per day payable by him for board and lodgings or for the retention of his lodgings, as the case may be, or the rate of Three dollars per day, whichever is the less,”.
(2.) Accommodation allowance is payable in respect of the refitting of H.M.A.S. Derwent as if the amendment of the Naval Financial Regulations effected by the last preceding sub-regulation had come into operation on the second day of September, 1970.
Diving pay.
3. Regulation 117 of the Naval Financial Regulations is amended by omitting from paragraph (a) of sub-regulation (2.) the words “search and rescue diver’s allowance” and inserting in their stead the words “flight pay”.
Search and rescue diver’s allowance.
4. Regulation 117a of the Naval Financial Regulations is repealed.
Education allowance.
5. Regulation 122 of the Naval Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (3.) the words “One thousand two hundred and five dollars” and inserting in their stead the words “One thousand three hundred dollars”; and
(b) by omitting from paragraphs (b) and (c) of that sub-regulation the words “Two hundred and eight dollars thirty-three cents” and inserting in their stead the words “Two hundred and twenty-six dollars sixty-seven cents”.
(2.) Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations as amended by the last preceding sub-regulation in respect of the attendance of a child at a school during the year that commenced on the first day of January, 1970, or during any subsequent year.
Transitional.
6.—(1.) Where a man would, in respect of a day in the relevant period, have been entitled to payment of aircrewmen flying pay or flight pay in accordance with regulation 76 or 76a of the Naval Financial Regulations as amended by these Regulations if the amendments of the Naval Financial Regulations effected by regulations 1, 3 and 4 of these Regulations had come into operation on the third day of July, 1970, the member is entitled, by virtue of this sub-regulation, to be paid, as an additional allowance, an amount equal to the amount by which the sum of the allowances paid or payable to him in respect of that period is less than the sum of the allowances that would have been payable to him in respect of that period if those amendments had so come into operation.
(2.) In the last preceding sub-regulation, the relevant period means the period from and including the third day of July, 1970, to and including the day immediately before the commencement of these Regulations.
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