STATUTORY RULES

1933. No. .

REGULATIONS UNDER THE DEFENCE ACT 1903-1932.

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 1903-1932.

Dated this Tenth day of April, 1933.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence.

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

(Statutory Rules 1926, No. 211, as amended to this date.)

Amendments.

1. Paragraphs (a) and (c) of regulation 202 are repealed and the following paragraphs substituted:—

“(a) When a member of the Permanent Forces is transferred from one station to another the actual cost of rail, steamer, or coach fares of such member, as well as those of his wife, and children who are dependent on the member, in addition to travelling allowance for such member and the cost of removal of his household furniture and personal effects may be paid by the Department”.

“(c) Subject to the provisions of paragraphs (d), (e), (f) and (g) of this regulation, a member of the Permanent Forces whose appointment in those forces is terminated, or, who has been discharged therefrom, or has been granted furlough or sick leave immediately prior to the termination of his appointment or discharge, may be provided with free rail, steamer or coach transport for himself (and, if married, his wife and children who are dependent upon him) to enable him to take up permanent residence at his place of enlistment or first appointment; or in lieu thereof transport for the same purpose to any other place within the Commonwealth, provided that the cost of such transport to such other place does not exceed the cost of transport to place of enlistment or first appointment. He may also be provided with free transport for necessary

901.—Price 5d.

household furniture and effects in his possession. Provided that a member of the Permanent Forces who has been discharged or whose appointment has been terminated at his own request or on account of misconduct or medical unfitness due to misconduct shall not be eligible for the benefits of this regulation, except in the case of a member of the Permanent Forces stationed at Thursday Island, who may, on the termination of his appointment or discharge for misconduct or for medical unfitness due to misconduct, be granted transport to the nearest convenient port on the mainland.

No monetary grant shall be made in lieu of the actual transport, and the privilege of transport shall not be available after the lapse of a period of one month from the date of termination of appointment or discharge, provided that in exceptional cases the Military Board may grant an extension to such a period as in the opinion of the Board the special circumstances justify”.

2. Regulation 203 is repealed and the following regulation substituted:—

“203 (i) Where a member elects to dispose of his furniture and effects instead of removing them to his new station, the District Finance Officer may authorize payment to the member of an amount equal to the loss shown, to the satisfaction of the District Finance Officer, to have been sustained in the disposal, but not exceeding the amount for which removal might have been effected under these Regulations. A member who elects to take advantage of this regulation must notify his intention to the Formation, &c. Commander prior to the sale.

(ii) Where a married member is transferred to a locality where suitable premises for residence are not available at the time the officer reaches his new station, or where a member, on transfer, cannot occupy his residence through unavoidable delay in the transmission of his furniture and household effects, and the member is thereby obliged to reside for the time being with his family at an hotel or other house of accommodation, an allowance may be authorized by the District Finance Officer for payment to the member equal to the difference between ordinary household expenditure and cost of board and lodging, but not exceeding half the cost of board and lodging for himself and family; provided that such allowance shall not be paid for more than four weeks.

Where a member’s family has not removed with him, to his new station, the member may be granted such allowance as may be determined by the Military Board upon satisfactory evidence of increased expenditure.

(iii) Upon change of station the expenses of removal of a member from one part to another of the metropolitan area of a capital city may be allowed only if for departmental reason or if, to avoid heavy expenses for the member’s travelling between his residence and his new station, the Military Board approves of his removal at public expense to a residence nearer his new station.

(iv) Removals both in and out of quarters, other than those occasioned by a change of station shall be at the expense of the member, excepting when a member compulsorily vacates quarters not having occupied them six months, in which case removal expenses may be approved by the Military Board.”

3. Regulation 207 is repealed and the following regulation substituted:—

“207. Subject to the approval of the Formation, &c. Commander a member who is in possession of his own means of conveyance may use such means of conveyance when authorized to travel on official duty upon the occasions and under the conditions specified in this regulation, and may be paid therefor the allowance prescribed in subparagraph (i) or sub-paragraph (ii) of this regulation, whichever is applicable:—

(i) A member may be authorized to use his own means of conveyance in lieu of the hiring of transport in accordance with regulation 201 and may be paid as allowance therefor whichever is the lesser of—

(a) The cost of transport if such had been hired by the Department, or

(b) Mileage allowance calculated at the rate prescribed in sub-paragraph (iii) of this regulation.

(ii) A member may be authorized to use his own means of conveyance when it is not to the disadvantage of the Department for such means to be used in lieu of normal public means of transport, and may be paid as allowance therefor whichever is the lesser of—

(a) The cost of the fare and travelling allowance of the member as if the journey had been performed by normal public means of transport, or

(b) Mileage allowance calculated at the rate prescribed in sub-paragraph (iii) of this regulation, plus travelling allowance for the actual period of the journey;

provided that if the member is accompanied by another member or other members of the Permanent Forces authorized to travel with him on official duty, the allowance payable shall be whichever is the lesser of—

(a) The cost of the fare of himself plus the fare or fares of such other member or members as accompany him and travelling allowance for himself only which would have been paid by the Department if the journey had been performed by the normal public means of transport; or

(b) Mileage allowance calculated at the rate prescribed in sub-paragraph (iii) of this regulation, plus travelling allowance for himself for the actual period of the journey.

(iii) For the purposes of sub-paragraphs (i) (b) and (ii) (b) of this regulation, mileage allowances shall be calculated at the following rates, viz.:—

(iv) (a) When mileage allowance is payable to a member in accordance with the provisions of this regulation, that portion of the journey between his place of residence, and his usual Head-quarters, Drill Hall, or place of assembly shall be excluded in calculating the mileage travelled and the member shall not be entitled to receive any allowance in respect of such portion of the journey.

(b) Free issues of petrol shall not be made to members who use their own motor vehicles on official duty.

(v) Approval given to any member to use a privately owned vehicle upon official duty shall be conditional upon the production by the member of such evidence as may be required by the Military Board that such use of the vehicle is covered by such privately effected insurances as

the Military Board may direct. The Department shall not be liable for the payment of any claim for any damage occasioned to a privately owned vehicle as a result of its use on official duty.

(vi) This regulation shall be applicable to members of the Military Forces who are in receipt of horse or motor transport allowance only in cases where journeys for such members have been approved by the Formation, &c. Commander involving otherwise the use of other means of transport at public expense, and provided that the horse or motor transport allowance is not drawn for the same occasion.”

4. Regulation 207a is repealed.

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