Statutory Rules
1980 No. 315
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this seventeenth day of October 1980.
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS2
Interpretation
1. Regulation 4 of the Naval Financial Regulations is amended —
(a) by omitting from the definition of “married member”, “male”;
(b) by omitting from sub-regulation (5) “wife” and substituting “spouse”;
(c) by omitting from sub-regulation (7) “wife” (wherever occurring) and substituting “spouse”; and
(d) by adding at the end thereof the following sub-regulations:
“(10) In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.
“(11) In these Regulations, a reference to a member married to another member includes a member who has a de facto spouse.”.
Living out away from home allowance—married member
2. Regulation 93 of the Naval Financial Regulations is amended by omitting from paragraph (c) of sub-regulation (3) “wife” and substituting “spouse”.
Allowance to widow or widower of a member who dies while serving oversea
3. Regulation 105A of the Naval Financial Regulations is amended by omitting “his widow” and substituting “the widow or widower of that member”.
Allowance in respect of scholarship lost on reposting
4. Regulation 121A of the Naval Financial Regulations is amended—
(a) by omitting from sub-regulation (1) “Subject to sub-regulation (4)” and substituting “Subject to sub-regulation (4) and regulations 122C, 122D, 122E, 122F and 122G”; and
(b) by omitting from paragraph (a) of sub-regulation (1) “male”.
Education allowance
5. Regulation 122 of the Naval Financial Regulations is amended by omitting from sub-regulation (2) “male” (wherever occurring).
6. The Naval Financial Regulations are amended by inserting after regulation 122B the following regulations:
Members of different ranks jointly maintaining a home
“122C. Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 121A, the member who holds the lower rank shall not be entitled to that allowance.
Members of like rank jointly maintaining a home
“122D. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and both would, but for this regulation, have an entitlement to an allowance under regulation 121A, the member with the lower seniority in that rank shall not be entitled to that allowance.
Member married to a member of the Air Force
“122E. Where a member who is entitled to an allowance under regulation 121A is jointly maintaining a home with a member of the Air Force who is his spouse and that spouse is or becomes entitled to an allowance under regulation 633B of the Air Force Regulations, regulation 122C or 122D, as appropriate, applies as though that member of the Air Force was a member of the Navy holding a rank corresponding to his rank in the Navy and had an entitlement to an allowance under regulation 121A.
“122F. For the purposes of regulations 122C, 122D and 122E, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.
“122G. Where the members referred to in regulation 122F do not nominate the home to be considered as the home jointly maintained by them for their dependants, each member shall not be entitled to an allowance under regulation 121A.”.
Travel on duty
7. Regulation 185 of the Naval Financial Regulations is repealed.
Contribution towards cost of fares when member travels on leave
8. Regulation 230 of the Naval Financial Regulations is amended by omitting from paragraph (a) of sub-regulation (1) “male”.
Interpretation
9. Regulation 232 of the Naval Financial Regulations is amended—
(a) by omitting the definition of “member”; and
(b) by omitting from the definition of “separated”, “wife” and substituting “spouse”.
Reimbursement of part of fare of child of member travelling oversea
10. Regulation 240B of the Naval Financial Regulations is amended by omitting from sub-regulation (1) “wife” (wherever occurring) and substituting “spouse”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.
2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 36 and see also Statutory Rules 1980 Nos. 36, 48, 58, 59, 60, 81, 96, 131, 161, 162, 163, 164, 173, 179, 219, 223, 239, 252 and 305.