Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979 (Cth)

Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979

Statutory Rules 1979 No. 90 as amended

made under the

Defence Force Retirement and Death Benefits Act 1973

This compilation was prepared on 13 August 2004

taking into account amendments up to SR 2004 No. 175

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979.

2Repeal of former Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations

 Statutory Rules 1973 Nos. 188 and 261, Statutory Rules 1974 Nos. 14, 161 and 234, Statutory Rules 1975 Nos. 141 and 195, Statutory Rules 1976 Nos. 42, 99, 160, 170, 196, 207 and 265, Statutory Rules 1977 Nos. 82, 98, 158 and 161, Statutory Rules 1978 Nos. 6, 52, 80, 118 and 241, and Statutory Rules 1979 No. 6, are repealed.

3Definitions

In these Regulations:

allowance means an allowance determined by the Defence Force Remuneration Tribunal under section 58H of the Defence Act.

Defence Act means the Defence Act 1903.

Determination No. 6 of 1992 means Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act, as in force from time to time.

flying allowance means the allowance of that name established by Determination No. 7 of 1997, Flying Allowance, made under section 58H of the Defence Act, as in force from time to time.

member means member of the Defence Force.

Q & S component, of an allowance, means the qualifications and skill component of the allowance.

service allowance means the allowance of that name established under Determination No. 11 of 1994, Service Allowance, made under section 58H of the Defence Act, as in force from time to time.

special action forces allowance means the allowance of that name established by Determination No. 11 of 2002, Special Action Forces Allowance, made under section 58H of the Defence Act, as in force from time to time.

specialist operations allowance means the allowance of that name established by Determination No. 19 of 2002, Specialist Operations Allowance, made under section 58H of the Defence Act, as in force from time to time.

submarine service allowance means the allowance of that name established by Determination No. 9 of 1995, Submarine Service Allowance, made under section 58H of the Defence Act, as in force from time to time.

4Annual pay applicable to a member

(1) For the definition of annual rate of pay in subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973, the amounts set out in this regulation are prescribed.

(2)Where, under Determination No. 6 of 1992, different annual rates of salary for a member holding a rank specified, or deemed, for the purposes of that Determination, to hold a rank, are prescribed according to the number of years of service that a member holding that rank has completed, the annual rate of salary under that Determination of a member who holds that rank shall, for the purposes of subregulation (3), be deemed to be the annual rate of salary payable to a member who has completed the longer or longest period of service that is specified in that Determination in relation to a member holding that rank.

(3)Subject to subregulations (4) and (5), the annual rate of pay applicable on a particular day to a member is the sum of:

• (a)

  the annual rate of salary of the member on that day under Determination No. 6 of 1992; and

• (b)

  for a member to whom service allowance is payable — an amount equal to the annual rate of the service allowance that is applicable in respect of service by the member on that day; and

• (c)

  for a member to whom the Q & S component of:

  • (i)

    flying allowance; or

  • (ii)

    special action forces allowance; or

  • (iii)

    specialist operations allowance; or

  • (iv)

    submarine service allowance;

is payable — an amount equal to the annual rate of the Q & S component that is applicable in respect of service by the member on that day.

(4)The annual rate of pay applicable on a particular day to a member holding the office of Chief of the Defence Force, Vice Chief of the Defence Force, Chief of Navy, Chief of Army or Chief of Air Force is the annual rate of salary on that day of a holder of that office as determined by the Remuneration Tribunal under subsection 7 (3) of the Remuneration Tribunal Act 1973.

(5)For the purposes of subregulation (3), the annual rate of salary that applies on a particular day to a member who is a chaplain:

• (a)

  in Division 1 or 2 of the Royal Australian Army Chaplains’ Department; or

• (b)

  in Division 1 or 2 of the chaplains branch of the Air Force; or

• (c)

  in Division 1 or 2 of the Chaplain Branch of the Navy;

is regarded as being the highest annual rate of salary payable on that day under Determination No. 6 of 1992 for the Division applicable to the chaplain.

(6)For the purposes of subregulation (3), the annual rate of salary that applies on a particular day to a member who is a chaplain:

• (a)

  in Division 3, 4 or 5 of the Royal Australian Army Chaplains’ Department; or

• (b)

  in Division 3, 4 or 5 of the chaplains branch of the Air Force; or

• (c)

  in Division 3, 4 or 5 of the Chaplain Branch of the Navy;

is the annual rate of salary payable on that day under Determination No. 6 of 1992 to the chaplain.

(7)A reference in this regulation to the annual rate of salary of a member on a day under Determination No. 6 of 1992 shall be construed as a reference to the amount that would be the annual rate of salary of the member on that day under that Determination if the expression rank, when used in that Determination, had the meaning given to that expression by subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973 and did not have the meaning given to that expression by that Determination.

Notes to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979

Note 1

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979 (in force under the Defence Force Retirement and Death Benefits Act 1973) as shown in this compilation comprise Statutory Rules 1979 No. 90 amended as indicated in the Tables below.

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979 were amended by the Defence Force Retirement and Death BenefitsAmendment Act 1981 (Act No. 144, 1981). The amendment has been incorporated in this compilation. For application, saving or transitional provisions relating to that amendment see subsections 9 (2) and (3) of Act No. 144, 1981.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1979 No. 90	14 June 1979	14 June 1979
1979 No. 206	27 Sept 1979	27 Sept 1979	Rr. 3 and 4
1979 No. 255	30 Nov 1979	30 Nov 1979	Rr. 2–4
1980 No. 341	4 Dec 1980	4 Dec 1980	Rr. 2 and 3
1982 No. 188	11 Aug 1982	11 Aug 1982	R. 2
1982 No. 189	11 Aug 1982	11 Aug 1982	—
1984 No. 118	22 June 1984	22 June 1984	—
1984 No. 185	10 Aug 1984	10 Aug 1984	—
1984 No. 393	5 Dec 1984	5 Dec 1984	—
1984 No. 394	5 Dec 1984	31 Dec 1984	—
1985 No. 325	5 Dec 1985	30 May 1985	—
as amended by
1986 No. 103	23 May 1986	23 May 1986	—
1990 No. 12	31 Jan 1990	31 Jan 1990	R. 2
1991 No. 133	26 June 1991	19 July 1990	—
1995 No. 49	29 Mar 1995	4 June 1992	—
1997 No. 42	12 Mar 1997	12 Mar 1997	—
2004 No. 175	1 July 2004	13 Aug 2004	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2004 No. 175
R. 3.........................................	am. 1979 No. 206; 1984 No. 394; 1985 No. 325; 1995 No. 49
rs. 2004 No. 175
R. 4.........................................	am. 1979 Nos. 206 and 255; 1980 No. 341; Act No. 144, 1981; 1982 Nos. 188 and 189; 1984 Nos. 118, 185, 393 and 394; 1990 No. 12; 1991 No. 133; 1995 No. 49; 1997 No. 42; 2004 No. 175