STATUTORY RULES

1921. No. 68.

REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1918 to come into operation forthwith.

Dated this twenty-fourth day of March, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets.

Amendments.

Regulation 71, as amended by Statutory Rule 189 of 1920, is amended as under:—

“Cancel that portion of the regulation relating to the pay of Captains, Lieutenants, and Quartermasters and insert the following in lieu to have effect from the 1st July, 1920, in the case of Captains and Lieutenants, from 1st. September, 1920, in the case of Quartermasters, and the 1st October, 1920, in the case of Officers of the Survey Corps.

Rates of Pay—continued.

Regulation 73 as amended by Statutory Rule 189 of 1920 is amended an under from the 1st July, 1920:—

“Cancel that portion of the Regulation relating to the pay of Warrant Officers, Class. I., Categories A and B; Warrant Officers, Class II., Categories A and B, and First Grade of Non-Commissioned Officers; and substitute the following in lieu:—

Rates of Pay—continued.

Regulation 74 is cancelled and the following substituted in lieu as from the 1st July, 1920:—

74. Members of the Permanent Forces (other than the Corps of Armament Artificers), of and below the rank of Warrant Officer, Class I., shall be eligible for a High Cost of Living Allowance under the following conditions:—

Provided that in the case of a widower with children under the age of 16 years, who maintains his own home and employs a paid housekeeper or a person other than a daughter or sister to act in that capacity, adult allowance shall be payable on account of the eldest dependent child under 16 years of age in lieu of children’s allowance.

(ii) Payment shall be approved to:—

Married Members.

(a) For wife provided that the member is maintaining her and that no legal or mutual separation exists.

Married Members and Widowers with Children.

(b) For each child (including step children) under the age of 16 years who is not contributing to its own support, and is wholly and solely dependent upon the member.

(c) For each adopted child under the age of 16 years, provided that the Deed of Adoption, or other satisfactory evidence of adoption is sighted, and that the child is not contributing to its own support, and is wholly and solely dependent on the member. In such cases, however, the member must not have received or be in receipt of any payment in respect of such adoption.

(d) For parents, including step-parents, and brothers or sisters under 16 years of age provided that they are wholly and solely dependent on the member, and that they are not in receipt of any income whatever, including War Pension, Old-Age or Invalid Pension.

(e) For sister keeping house for a member who is a widower with children dependent upon him, provided that such sister is wholly and solely dependent on the member.

To Single Members or Widowers without Children.

(f) For parents, including step-parents and brothers and sisters under 16 years of age provided that they are wholly and solely dependent on the member and that they are not in receipt of any income whatever, including War Pension, Old Age or Invalid Pension.

(g) For each adopted child under the age of 16 years, provided that the Deed of Adoption or other satisfactory evidence of adoption is sighted and that the child is not contributing to its own support, and is wholly and solely dependent on the member. In such cases, however, the member must not have received or be in receipt of any payment in respect of such adoption.

(iii) Members of the Permanent Forces holding rank of Warrant Officer, Class I., or lower, on the 29th November, 1920, may be paid the High Cost of Living Allowance in accordance with the conditions of this regulation, but any member who enlists, or marries subsequent to the 29th November, 1920, shall not be eligible to receive the allowance until he has either attained the rank of Sergeant or has served three years in the Permanent Forces as prescribed in Australian Military Regulation 396.

In Regulation 76, sub-paragraph (i), cancel the words “1st April, 1920” and substitute “1st July, 1920” in lieu. Cancel the words “£4 10s. per. week” against the rank of Provost Sergeant Major and insert “£4 15s. per week” in lieu. Cancel the words “£3 9s. per week” against the rank of Provost Sergeant and insert “£3 10s. per week” in lieu.

Sub-paragraph (ii) of Regulation 76 is cancelled, and the following substituted therefor as from the 1st July, 1920:—

“(ii) These rates shall be inclusive of all allowances except Travelling, which may be granted at the rates laid down in Regulation 196, provided that a Provost Sergeant Major or Provost Sergeant shall be eligible for the High Cost of Living Allowance under Regulation 74.

Regulation 77 is cancelled, and the following substituted therefor as from 1st July, 1920:—

77. (i) The rate of pay which a member shall receive from 1st July, 1920, under these regulations shall, subject to a satisfactory report, be that rate which he would have, received had these regulations been in operation at the date of appointment or promotion to the rank held by him on 30th June, 1920, provided that a member who, prior to the 30th June, 1920, was receiving a higher rate of pay and allowances than the pay appertaining to his rank under these regulations may continue to receive such higher rate.

(ii) Should a Warrant Officer, included in Category “B” of Class I. or II., be promoted to a higher rank, and the rate of pay received by him in the lower rank is greater than the minimum prescribed for his new rank his pay shall be advanced to the next higher sub-divisional rate of the rank to which promoted and he shall proceed therefrom by the usual increments.

(iii) A member of the Forces who is promoted as Quartermaster, and whose rate of pay and allowances in the lower rank is greater than the minimum rate of pay prescribed for Quartermaster, in Regulation 71 shall be permitted to continue in receipt of such higher rate of pay and allowances until such time as his pay as Quartermaster exceeds such higher rate, provided that members of the Forces who were promoted as Quartermasters on the 1st May, 1920, on account of war service, shall from 1st July, 1920, be permitted to receive the rate of pay and allowances which they would have received in their lower rank had they been promoted as Quartermasters on the 1st July, 1920.

Regulation 80—Cancel the words “bonus of 6s. per week prescribed by Regulations 74 and 76 for married Warrant Officers, Non-commissioned Officers, and Men” and substitute therefor—

“High Cost of Living Allowance prescribed by Regulation 74 for Warrant Officers, Non-commissioned Officers, and Men.”

That portion of Regulation 196 which reads

Provided—

(a) That the allowances payable to members stationed in the 5th Military District, when travelling within that District, may be at the following rates:—

with an additional allowance of 25 per cent. on these rates when a member is travelling in the goldfields districts, and a deduction of 25 per cent. when a member is stationed for any period in excess of ten days in any one place.

(b) That the minimum daily allowance to a Commissioned Officer will be 12s. per diem, or after one week’s residence in the same place, 10s. per diem.

(c) That members of the Inspecting Staff or other members, when required to travel with the Inspector-General, may receive an increase of one-fourth on the scale rates, provided that the then increased rate shall not exceed the rate prescribed for “other members receiving over £600 per annum.”

(d) That in the case of members transferred temporarily from their head-quarters, for a period of two weeks or over; a reduced allowance shall be paid after the first week of residence, provided that no allowance may be reduced below the rates, in the following scale:—

Provided, further, that such allowances shall not be continued for longer than two months without the approval of the Military Board.

(c) That unless specially approved by the Minister, no allowance, other than for expenses necessarily incurred, shall be paid in any case where the member is not required to be absent from his head-quarters overnight,

is cancelled, and the following substituted therefor as from the 1st October, 1920:—

Provided—

(a) That the minimum daily allowance to a Commissioned Officer shall be as prescribed for Members receiving pay of £310 to £500.

(b) That members of the Inspecting Staff, or other members, when required to travel with the Inspector-General may receive an increase of one-fourth on the scale rate, provided that the then increased rate shall not exceed the rate prescribed for “other members receiving pay of £751 and over.”

(c) That unless specially approved by the Military Board, no allowances other than for expenses necessarily incurred shall be paid in any case where the member is not required to be absent from his head-quarters overnight.

Regulation 338 is cancelled as from the 1st April, 1920.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.