STATUTORY RULES.

1934. No. 5.

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, to come into operation forthwith, except where otherwise stated.

Dated this sixteenth day of January, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command

H. S. W. LAWSON

for Minister of State of Defence.

Regulations for Civilian Staff (Other than Government factories) under Defence Act, Section 63.

(Statutory Rules 1926, No. 209, as amended to date)

Amendments.

1. Regulation 14 is amended by inserting after sub-regulation (9) the following sub-regulation:—

“(10) The provisions of this regulation shall apply to temporary employees.”

2. Regulation 34 is repealed.

3. Regulation 36 is amended by omitting from paragraph (d) of sub-regulation (1) the word “; or” and inserting in its stead the words “occupation or trade, or enter into any employment, whether remunerative or not, with any person, company or firm who or which is so engaged; or”.

4. Regulations 39, 40, 41, 42, 43 and 44 are repealed, and the following regulations inserted in their stead:—

“Travelling Allowances.

Basis of Calculation of Allowances.

39. (1.) For the purpose of calculating any allowance payable to an officer under Regulations 40 to 46a, the maximum salary of the position occupied by the officer shall not be deemed to be affected or varied by the provisions of the Financial Emergency Act 1931-1933, or to have been varied by the provisions of Regulation 117b.

(2.) Where any allowance under regulations 40 to 46a is payable for less than a day, the allowance shall be at an hourly rate of one twenty-fourth part of the daily rate or one hundred and sixty-eighth part of the weekly rate as the case may be.

5062.—Price 3d.

Rates of Travelling Allowances.

40.—(1.) Subject to these Regulations, the following shall be the scale of travelling allowances for all officers and temporary employees:—

* As may be determined from time to time by the Secretary.

(2.) The minimum travelling allowance payable to officers acting as members of an Appeal Board or a Board of Inquiry shall be at the rate of 14s. 6d. a day.

(3.) Where allowance has been paid under this regulation for eight weeks’ residence in one locality, the Chief Officer shall submit the case to the Secretary for review. No such allowance shall be continued beyond three months without the concurrence of the Secretary, and if, upon review, the Secretary considers the amount excessive, it shall be discontinued or reduced to such amount as the Secretary thinks fit.

(4.) No allowance, other than for expenses necessarily incurred shall be paid under this regulation in any case where an officer is not required to be absent from his head-quarters over night.

Allowances to Officers Performing Relieving duties or Working within Defined Districts.

41.—(l.) Officers regularly employed on relieving duties shall, subject to the provisions of sub-regulation (3.) of regulation 40, be granted an allowance on the following scale:—

(2.) An officer temporarily transferred to perform duty at another station or stations, involving absence from home for a period of not less than six weeks shall, subject to the provisions of sub-regulation (3) of regulation 40, be paid an allowance as prescribed in the last preceding sub-regulation provided—

(a) that the officer is informed in writing before leaving his headquarters of the allowance to be paid; and

(b) that a period of not less than three weeks elapses between the time of first arrival in and time of ultimate departure from any town.

(3.) Officers whose place of work is variable within a specified district, shall, subject to the provisions of sub regulation (3) of regulation 40, be paid an allowance as prescribed in sub-regulation (1) of this regulation, provided—

(a) that the officer is informed in writing before leaving his head-quarters of the allowance to be paid; and

(b) that a period of not less than two weeks elapses between the time of first arrival in and time of ultimate departure from any town.

(4.) If, in any case, it is proved to the satisfaction of the Secretary that the allowance paid under the regulation is insufficient to meet extra expenses necessarily incurred, the Secretary may increase the allowance.

(5.) This regulation shall not apply to officers required temporarily to perform duty in a capital city.

Allowances Payable where Officers Travel by Steamer or Railway.

42.—(1) When officers travel by steamer or by railway, and the fare paid includes subsistence, one-quarter of the ordinary rates to which those officers would be entitled shall be allowed:

Provided that, where an officer is travelling by a steamer owned or chartered by the Commonwealth Government, the rate of allowance shall be determined by the Secretary, but such allowance shall not exceed one quarter of the ordinary rate.

(2.) Where an officer is provided with subsistence and lodging, the Secretary shall determine what allowance, if any, shall be granted, but any allowance granted shall not exceed one-quarter of the amount specified in the scale of travelling allowances, according to the period of residence in the same place.

(3.) “Where an officer is provided with subsistence without lodging, or is provided with lodging without subsistence, the Secretary may reduce the prescribed travelling allowance, but the allowance shall not be reduced by more than one-third in any case where lodging only is provided, and by not more than two-thirds where subsistence only is provided.

Allowances Payable in H.M.A. Ships or Establishments or at Military Camps.

43. Where officers are required to proceed on duty overnight in H. M. A. Ships or Establishments or to be stationed at Military Camps in the performance of their duties the travelling allowance shall be as determined from time to time by the Secretary.

Allowances to be in Addition to Cost of Conveyance.

44. All travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from time of departure of to time of arrival on return of the train, steamer, or other conveyance by which officers travel;

Provided that in the case of an officer travelling on permanent transfer to whom the provisions of regulation 52 are applicable the period shall he computed to time of arrival at the place to which he has been transferred.

Additional Allowance to Officers Moving from Temporary Stations.

44a. Where an officer in receipt of a weekly rate of allowance is required to leave his temporary headquarters for a period of less than one week, he shall be paid, in respect of such absence, travelling allowance as prescribed and in addition an amount to meet continue expenses necessarily incurred but not exceeding the amount which would have been paid had he remained at his temporary station.”

To have effect as from 12th October, 1933.

5. Regulation 45 is amended by omitting from sub-regulation (3.) the figures “39” and inserting in their stead the figures “40”.

To have effect as from 12th October, 1933.

6. After regulation 45 the following regulation is inserted:—

“Definition of Married Officer.

45a. For the purpose of payment of travelling allowance, a married officer shall be deemed to include any unmarried officer or a widower who is maintaining a home or supporting dependent relatives in circumstances which, in the opinion of the Secretary, justify his inclusion,”

To have effect as from 12th October, 1933.

7. Regulation 46 is repealed, and the following inserted in its stead:—

Increased or Decreased Travelling Allowance.

46. Upon proof to the satisfaction of the Secretary that the travelling allowance payable to an officer under these Regulations is either insufficient to cover, or in excess of, expenses reasonably incurred, the Secretary may vary the allowance.

To have effect as from 12th October, 1933.

8. Regulation 48 is amended by omitting sub-regulation (1.) and inserting in its stead the following:—

“(1.) In addition to the salary paid under these Regulations or under any determination made under the Arbitration (Public Service) Act 1920-1929 there shall be payable to each officer who is in receipt of salary less than £500 per annum, and who is married or a widower or widow, and is the father or step-father or mother or step-mother of any child under the age of fourteen years and dependent upon and maintained by the officer—an allowance of £13 per annum in respect of each child so dependent and maintained. A similar allowance may, on the approval of the Secretary, be granted to any officer in respect of any orphan or adopted child under the age of fourteen years who is dependent and maintained by that officer:

Provided that the total sum per annum paid to any officer under this sub-regulation shall not exceed the amount by which the salary per annum of the officer falls short of £500.

Provided further that no payment of allowance under this sub-regulation shall be made to an officer unless he makes written application to the Chief Officer for payment of allowance, and the allowance shall not be payable in respect of any period exceeding four months prior to the date upon which such application is forwarded to the Chief Officer.”

To have effect as from 27th September, 1933.

9. Regulation 59a. is amended by inserting after sub-regulation (1.) the following:—

“Provided that the provisions of sub-regulation (2a.) of this regulation shall not apply to such person.”

10. Regulation 64a is repealed.

11. Regulation 117a is amended by inserting in Table “A”, after the office of “Messenger, Senior”, the following particulars:—

To have effect as from 1st July, 1933.

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