Subject to regulation 51 of these Regulations, a member may make an allotment from his pay and allowances to or for the benefit of such person, institution or corporation or to the credit of such bank account as is approved by a prescribed authority.
Compulsory deductions.
Subject to regulation 51 of these Regulations, where the Minister is of opinion that a person is wholly or partly dependent upon, or has a claim for maintenance against, a member, the Minister may direct that such reasonable sum as the Minister thinks fit for the support of that person be deducted from the pay of the member and paid to, or for the benefit of, that person.
Compulsory deductions deemed to be allotment.
A deduction from the pay of a member directed by the Minister under the last preceding regulation shall, for the purposes of these Regulations, be deemed to be an allotment made by the member.
Limit on amount which may be allotted.
An allotment shall not exceed such amount as would leave less than ten per centum of the member’s pay and allowances available to the member and shall not include the amount of a clothing maintenance allowance, and the amount of such other allowance (if any) as the Military Board determines, payable to the member under these Regulations.
Suspension, variation or cancellation of allotment.
52.—(1.) A prescribed authority may, where in his opinion circumstances justify that course of action—
(a) suspend payment of an allotment or part of an allotment;
(b) vary an allotment; or
(c) cancel an allotment.
(2.) A prescribed authority shall not suspend the payment of an allotment or part of an allotment, or vary or cancel an allotment, under the last preceding sub-regulation, unless he has first given notice in writing to the member of the intention to suspend, vary or cancel.
(3.) Where an allotment is made by a member under regulation 48 of these Regulations, the member may vary or cancel the allotment.
(4.) An allotment by a member shall be deemed to be cancelled—
(a) from and including the day after the day on which the service of the member is terminated;
(b) from and including the day after the day on which the member dies;
(c) from and including the day after the day on which the person to or for whose benefit the allotment was made dies; and
(d) subject to regulation 54 of these Regulations, from and including the day after the day on which the member becomes missing on war service.
(5.) An allotment by a member is not payable in respect of a period for which the member is not eligible for pay under these Regulations.
Payment in lieu of allotment where member dies on war service.
53.—(1.) Where a member dies on war service, an amount equal to an allotment made by the member—
(a) to or for the benefit of a person in respect of whom the member is eligible for marriage allowance; or
(b) in satisfaction of an order by a court of competent jurisdiction for the maintenance of the member’s wife or children,
is payable in lieu of the allotment until thirty days after the Department notifies the Repatriation Commission of the member’s death.
(2.) If, at the time payment of an amount under the last preceding sub-regulation ceases, a claim for a pension under the Repatriation Act 1920-1965 by the person to or for whose benefit the payment was made has not been determined by the Repatriation Commission and the delay is not caused by the neglect or default of that person, payment of a similar amount or of such lesser amount as is determined by a prescribed authority shall be made until the claim is determined.
(3.) Where a member reported or presumed to be dead on war service is subsequently found not to have died, the amount of any payment under sub-regulation (1.) or (2.) of this regulation made on account of the reported or presumed death of the member shall be deemed to have been made by way of payment or part payment, as the case may be, of his allotment.
Payment to lieu of allotment where member missing on war service.
54.—(1.) Subject to the succeeding provisions of this regulation, where a member becomes missing on war service—
(a) an allotment made by the member—
(i) to or for the benefit of a person in respect of whom the member is eligible for marriage allowance; or
(ii) in satisfaction of an order by a court of competent jurisdiction for the maintenance of the member’s wife or children,
continues to be payable as if the member had not become missing on war service;
(b) an allotment made by the member to the credit of his personal bank account ceases to be payable from and including the day after the day on which notification that the member is missing on war service is received by the Department; and
(c) an allotment, other than an allotment referred to in the last two preceding paragraphs, continues to be payable until thirty days after the day upon which the member became missing on war service or, if a prescribed authority considers that the allotment should be continued—
(i) in order to safeguard the member’s rights under a life assurance policy or under any other personal commitment; or
(ii) because the person to or for whose benefit the allotment is paid is wholly or partly dependent upon the allotment,
the allotment, or an allotment at such reduced rate as the prescribed authority determines, is payable as if the member had not become missing on war service.
(2.) Where a member is reported missing on war service and is subsequently found to have died or is presumed to have died and a pension is not granted under the Repatriation Act 1920-1965 to the person to or for whose benefit an allotment by the member was made, an amount paid under the last preceding sub-regulation in respect of the period before the member’s death or presumed death shall be deducted from the pay and allowances due to the member as at the date of his death or presumed death.
(3.) To the extent that an amount referred to in the last preceding sub-regulation is not recoverable by deduction from the pay and allowances due to the member as at the day of his death or presumed death, it shall be deemed to be a debt owed to the Commonwealth by the person to or for whose benefit it was paid and, without prejudice to any other means of recovery, may be recovered by suit in a court of competent jurisdiction.
(4.) Where a member becoming missing on war service is subsequently-found to be alive, an allotment by the member shall be payable as if the member had not become missing on war service and, for this purpose, any amount of allotment withheld as a result of the member becoming missing on war service shall become payable.
Meaning of war service.
For the purposes of the last three preceding regulations, “war service” means Malayan service within the meaning of the Repatriation (Far East Strategic Reserve) Act 1956-1964 or special service within the meaning of the Repatriation (Special Overseas Service) Act 1962-1965.
Payment of allotment.
56.—(1.) An allotment is payable, in fortnightly instalments, either into a bank account approved by a prescribed authority or by cheque, money order, bank draft or in currency directly to the person, institution or corporation to whom it is payable.
(2.) For the purpose of payment of instalments of an allotment in currency, the Military Board may authorize payments of the instalments through a postal officer.
(3.) A postal officer through whom payments of instalments of an allotment is authorized under the last preceding sub-regulation—
(a) shall, where a prescribed authority so directs in writing, vary or withhold payment of an instalment; and
(b) shall not pay an instalment—
(i) except to the person to whom the allotment is payable, or to a person authorized to receive payment of the allotment by the person to whom the allotment is payable in accordance with a form approved by the Military Board; and
(ii) unless the person to whom the allotment is payable gives a receipt for the instalment in accordance with a form approved by the Military Board or, in the case of a person authorized to receive payment of the allotment, unless the person so authorized signs a declaration, in accordance with a form approved by the Military Board, that he is not receiving payment of the instalment for the benefit of a person entitled to the instalment in consequence of an assignment of the instalment by the person to whom it is payable.
(4.) In this regulation, “postal officer” means a person in charge of a post office or an officer of the Postmaster-General’s Department authorized by the Department of the Army to pay instalments of allotments.
False statement.
57.—(1.) A person shall not procure payment of an instalment of an allotment under the last preceding regulation by means of a false statement in an authorization, receipt or declaration.
Penalty: Forty dollars or imprisonment for three months.
(2.) In addition to imposing a penalty, a court before whom a person is convicted under the last preceding sub-regulation may order the payment to the Commonwealth or to the person to whom the allotment is payable, as the case requires, of an amount equal to any moneys received by the person convicted in consequence of the false statement.
Payment of allotment outside the Common wealth.
58.—(1.) An allotment is not payable without the approval of a prescribed authority to or for the benefit of a person who resides oversea.
(2.) An allotment to a person who resides oversea is payable in Australian currency, or its equivalent after conversion at the prevailing rate of exchange, in the currency of the country in which the person resides.
Death of allottee.
Where a person to or for whose benefit an allotment is payable dies, the amount of allotment accrued and unpaid at the date of the person’s death is payable for the benefit of the estate of that person.
Overpayment of allotment.
An overpayment of an amount by way of allotment under these Regulations may be deducted from the pay and allowances that are or become payable to the member.