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 1903-1965.
Dated this third day of February, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
MALCOLM FRASER
Minister of State for the Army.
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MILITARY FINANCIAL REGULATIONS
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Military Financial Regulations.
Commencement.
These Regulations shall come into operation on the eighteenth day of February, 1966.
Repeal.
3.—(1.) The Military Financial Regulations (comprising Statutory Rules 1961, Nos. 39, 84, 100 and 129; Statutory Rules 1962, Nos. 61 and 75; Statutory Rules 1963, Nos. 62, 70, 75, 85, 90 and 150; Statutory Rules 1964, Nos. 14, 17, 48, 56, 65, 81, 89, 100, 133 and 166; Statutory Rules 1965, Nos. 52, 63, 64, 65, 66, 73, 134, 139, 189 and 192; Statutory Rules 1966, No. 12) are repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation, a determination, direction, approval or delegation made by the Minister or the Military Board under a provision of the Regulations referred to in that sub-regulation and in force immediately before the commencement of these Regulations shall continue in force after the commencement of these Regulations and shall be deemed to be a determination, direction, approval or delegation, as the case may be, made under the corresponding provision of these Regulations.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-9).
Part II.—Permanent Military Forces.
Division 1.—Preliminary (Regulation 10).
Division 2.—Pay (Regulations 11-18).
Division 3.—Marriage, Separation and Provision Allowances (Regulations 19-27).
Division 6.—Members attached to the Permanent Military Forces (Regulation 220).
Part V.—Judge Advocate General (Regulations 221-222).
Part VI.—Australian Cadet Corps (Regulations 223-233).
Part VII.—Uniforms, Clothing and Clothing Allowances (Regulations 234-240).
Part VIII.—Rations, Quarters, Fuel and Light, Expense Stores and Supplies (Regulations 241-258).
Part IX.—Medical and Dental Treatment (Regulations 259-263).
Part X.—Miscellaneous (Regulations 264-277).
5.—(1.) In these Regulations, unless the contrary intention appears—
“army apprentice” means a member serving in the Australian Regular Army as an apprentice tradesman, an apprentice musician or an apprentice clerk;
“cadet” means a student enrolled in a school unit;
“cadet under-officer” means a cadet appointed to the rank of cadet under-officer;
(b) the legally adopted child of the member,
who is under the age of sixteen years;
“commanding officer” means the officer to whom the expression is applicable according to the custom of the Military Forces;
“Command Paymaster” means the person performing the duties of paymaster for a Command;
“Command Secretary” means the person representing the Secretary in a Command;
“consolidated rate of pay” means a rate of pay under regulation 11 of these Regulations;
“court order allotment” means an allotment referred to in sub-regulation (3.) or sub-regulation (5.) of regulation 19 of these Regulations;
“dental officer” means a dental practitioner serving in the Royal Australian Army Dental Corps;
“dental practitioner” means a person registered or licensed as a dental practitioner under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of dental practitioners;
“first appointment or enlistment” means an appointment or enlistment other than an appointment or enlistment which follows immediately after a period of service in the Permanent Military Forces;
“formation” or “formation &c.” means a part of the Military Forces that is a formation for the purposes of the Australian Military Regulations;
“formation commander” or “formation &c., commander” means the commander of a formation;
“full rate”, in relation to marriage allowance, means the rate prescribed by sub-regulation (1.) of regulation 19 of these Regulations and payable under sub-regulation (2.) of that regulation;
“home” means—
(a) in relation to marriage allowance, separation allowance or provision allowance—a house, including a section of a house, or a flat, occupied by a member as a place of residence for himself and his children, and does not include a boarding house or a lodging house, or an establishment that, in the opinion of the Military Board, is similar to a boarding house or a lodging house; or
(b) in relation to any other allowance payable to a married member—the residence in which the wife or children of the member in respect of whom marriage allowance is payable are established by the member during the currency of the member’s posting;
“intended”, in relation to the period of a posting, means intended by the Military Board;
“leave” means leave of absence with pay;
“living in”, in relation to a member, means that the member is provided with rations and quarters by the Department, and “live in” has a corresponding meaning;
“living out”, in relation to a member, means that the member has permission to provide his own meals or accommodation, or both, or to reside in married quarters, and “live out” has a corresponding meaning;
“lodgings” means accommodation other than accommodation provided by the Department;
“married member” means—
(a) a member eligible for the full rate of marriage allowance; or
(b) a member in receipt of a consolidated rate of pay—
(i) who is married, is not separated from his wife and maintains his wife;
(ii) who is widowed, or deserted by his wife, and voluntarily maintains his children; or
(iii) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains, his children;
“married quarters” means quarters owned or controlled by the Department which are provided by or for the Department for the use of a member and his family as a residence;
“medical officer” means a medical practitioner serving in the Royal Australian Army Medical Corps;
“medical practitioner” means a person registered or licensed as a medical practitioner under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of medical practitioners;
“member” means a member of the Military Forces;
“military school or course” means a military school or course other than a voluntary class of instruction held by a unit in the nature of a bivouac or a temporary camp;
“native member” means an aboriginal inhabitant of the New Guinea area serving in the Australian Regular Army in the New Guinea area;
“normal meal period”, in relation to a member, means—
(a) in the case of a member living out—a period between the hours of—
(i) 8 a.m. and 9 a.m.;
(ii) 1 p.m. and 2 p.m.; or
(iii) 6 p.m. and 7 p.m.; and
(b) in the case of a member living in—the regular meal periods laid down in unit standing orders;
“normal method of public transport”, in relation to travel or the fare for travel, means transport by rail where that method of transport is available for the travel;
“officer of cadets” means—
(a) a member of the staff of an educational establishment at which a school unit is maintained who holds an appointment as an officer in the Australian Cadet Corps; or
(b) an officer of the Defence Force appointed to fill a vacancy within the establishment of a school unit;
“oversea” means outside Australia;
“pharmaceutical chemist” means a person registered or licensed as a pharmaceutical chemist under a law of a State or Territory of the Commonwealth which provides for the registration or licensing of pharmaceutical chemists;
“pharmaceutical officer” means a pharmaceutical chemist serving in the Royal Australian Army Medical Corps;
“prescribed authority” means the Minister or a person appointed by the Minister in writing to be a prescribed authority;
“proper military authority” has the same meaning as in the Australian Military Regulations;
“public holiday” means a day observed as a public holiday by the Military Forces;
“qualifying allotment” means an allotment made under sub-regulation (1.) of regulation 22 of these Regulations;
“Quartermaster” means an officer appointed as a Quartermaster under regulation 72 of the Australian Military Regulations;
“quarters” includes tent accommodation;
“remote locality” means a locality determined by the Military Board in accordance with regulation 469 of the Australian Military Regulations;
“retiring age for his rank”, in relation to a member, means the age for his compulsory retirement as prescribed under the Act or, where that age has been extended under the Act, that age as so extended;
“school unit” means a unit of the Australian Cadet Corps at a secondary educational establishment;
“separation”, in relation to a member, means—
(a) a legal separation effected by a judgment, order or decree of a court of competent jurisdiction; and
(b) any marital relationship in respect of which an order for maintenance is made by a court of competent jurisdiction, other than a divorce or an annulment of marriage,
and “separated” has a corresponding meaning;
“termination”, in relation to the service of a member, means—
(a) in the case of an officer—the termination of his appointment (except where he continues to serve as a soldier), his resignation, retirement or his transfer to the reserve of officers; and
(b) in the case of a soldier—the discharge of the member except for the purpose of being appointed to commissioned rank,
and “terminated” has a corresponding meaning;
“the Act” means the Defence Act 1903-1965;
“the Department” means the Department of the Army, and “departmental” has a corresponding meaning;
“the Military Board” means the Board of Administration for the Military Forces constituted under section 28 of the Act;
“the New Guinea area” means the Territory of New Guinea as described in the Second Schedule to the Papua and New Guinea Act 1949-1964 and the Territory of Papua as described in the Third Schedule to that Act.
(2.) Subject to these Regulations, a reference in these Regulations to a rank, appointment or classification includes a reference to a provisional, probationary, temporary or acting rank, appointment or classification but not to a local, honorary or brevet rank.
Delegations.
6.—(1.) The Minister may, in relation to a matter or a class of matters, or to a State, a part of the Commonwealth, or a formation, &c., by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation).
(2.) The Military Board may, in relation to a matter or a class of matters, or to a State, a part of the Commonwealth, or a formation, &c., delegate any of the Military Board’s powers and functions under these Regulations (except this power of delegation).
(3.) A power or function delegated by the Minister or the Military Board under this regulation may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters, or with respect to the State, the part of the Commonwealth, the Command or the formation, &c., specified in the instrument of delegation.
(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Military Board, as the case may be.
(5.) A delegation under this regulation remains in force unless revoked by the Minister or the Military Board, as the case may be.
Power of formation commander.
7.—(1.) A power or function conferred by these Regulations on a formation, &c., commander, Command Secretary or Command Paymaster may be exercised by the Military Board.
(2.) Where the Military Board has authorized an officer, under regulation 11a of the Australian Military Regulations, to exercise, in relation to a specified part of the Military Forces, the powers and functions of a formation commander, the officer has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Military Forces serving with that part of the Military Forces.
(3.) The Commandant of the Royal Military College has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Military Forces serving at the Royal Military College.
Date on which determination, &c., takes effect.
8.—(1.) In this regulation, “determination, direction or approval” means a determination, direction or approval made or given by the Minister or the Miiltary Board under a provision of these Regulations.
(2.) A determination, direction or approval takes effect from the date on which it is made or given or, if it is expressed to take effect from another date specified in it, from that other date.
(3.) A determination, direction or approval—
(a) shall not be expressed to take effect—
(i) from a date that is before the date on which the provision of these Regulations under which it is made or given came or comes into operation; or
(ii) from a date that is more than two years before the date on which it is made or given; and
(b) shall not be expressed to take effect from a date before the date on which it was made or given in a case where, if it so took effect—
(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date it is made or given would be affected in a manner prejudicial to that person; or
(ii) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date it is made or given,
and where, in such a determination, direction or approval, provision is made in contravention of this sub-regulation, that provision is void and of no effect.
Certain determinations &c., subject to the approval of Treasurer.
9.—(1.) Where by the provisions of the regulations specified in The Schedule to these Regulations it is provided that a matter may be determined, directed or approved by the Minister or the Military Board, the determination, direction or approval of the Minister or the Military Board, as the case requires, is subject to the approval of the Treasurer.
(2.) For the purposes of this regulation, “the approval of the Treasurer” includes an approval by such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.