Defence Force Retirement Benefits (Daily Rates of Pay) Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 104

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971.*

WHEREAS it is provided by sub-section (1) of section 88 of the Defence Forces Retirement Benefits Act 1948-1971 that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act:

AND WHEREAS by sub-section (2) of that section it is provided that where the pay of any class of members is increased or reduced, regulations for the purpose of the definition of “ daily rate of pay ” in sub-section (1) of section 4 of that Act in relation to members included within that class made after the day on and from which the increase or reduction took effect may be expressed to have taken effect from and including that date:

AND WHEREAS the pay of male members, not being officers, the descriptions applicable to whom are set out in Part IV of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations was increased—

(a) in the case of members of the Naval Forces or the Military Forces—from and including 27th August, 1971; and

(b) in the case of members of the Air Force—from and including 26th August, 1971,

and was again increased—

(c) in the case of members of the Naval Forces or the Military Forces—from and including 19th May, 1972; and

(d) in the case of members of the Air Force—from and including 18th May, 1972:

NOW THEREFORE 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 Forces Retirement Benefits Act 1948-1971 for the purposes of the definition of “ daily rate of pay ” in sub-section (1) of section 4 of that Act.

Dated this thirty-first day of May, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

* Notified in the Commonwealth Gazette on 7 June 1973.

Amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations*

Second Schedule.

1. (1) The Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting Part IV and substituting the following Part:—

“ PART IV

Male Members, other than Officers

22. Junior Musician who has not attained the age of 17 years	Apprentice Musician who has not attained the age of 17 years	............................................	4.45
Junior Recruit who has not attained the age of 17 years
23. Junior Musician who has attained the age of 17 years	Apprentice Musician who has attained the age of 17 years	............................................	6.67
Junior Recruit who has   attained the age of 17 years
24. Apprentice during first and second year training	Apprentice Tradesman during first and second year training	Apprentice Airman during first and second year training	4.84
25. Apprentice during third year training	Apprentice Tradesman during third year training	Apprentice Airman during third year training	7.28
26. Apprentice during fourth year training	Apprentice Tradesman during fourth year training	Apprentice Airman during fourth year training	8.77”

(2) Sub-regulation (1) has effect and shall be deemed to have taken effect—

(a) in relation to male members of the Naval Forces or the Military Forces, not being officers, the descriptions applicable to whom are set set out in Part IV of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations—from and including 19th May, 1972; and

(b) in relation to male members of the Air Force, not being officers, the descriptions applicable to whom are set out in that Part—from and including 18th May, 1972.

Special daily rate of pay—male members other than officers.

2. (1) For the purposes of the definition of “ daily rate of pay ” in subsection (1) of section 4 of the Defence Forces Retirement Benefits Act 1948-1971, the maximum daily rate of active pay of a member of the Naval Forces, the Military Forces or the Air Force, not being an officer, referred to in the following table in respect of service—

(a) in the case of members of the Naval Forces or the Military Forces—during the period from and including 27th August, 1971, to and including 18th May, 1972; or

(b) in the case of members of the Air Force—during the period from and including 26th August, 1971, to and including 17th May, 1972,

is the rate specified in the fourth column of that table opposite to the description of the member.

* Statutory Rules 1971, No. 92, as amended by Statutory Rules 1971, Nos. 93 and 143; and 1972, Nos. 18, 60, 141 and 156.

Description of members of the Naval Forces	Description of members of the Military Forces	Description of members of the Air Force	Maximum daily rate of active pay
Junior Musician who has not attained the age of 17 years	Apprentice Musician who has not attained the age of 17 years	............................................	4.28
Junior Recruit who has not attained the age of 17 years
Junior Musician who has attained the age of 17 years	Apprentice Musician who has attained the age of 17 years	............................................	6.42
Junior Recruit who has attained the age of 17 years
Apprentice during first and second year training	Apprentice Tradesman during first and second year training	Apprentice Airman during first and second year training	4.71
Apprentice during third year training	Apprentice Tradesman during third year training	Apprentice Airman during third year training	7.08
Apprentice during fourth year training	Apprentice Tradesman during fourth year training	Apprentice Airman during fourth year training	8.52”

(2) Sub-regulation (1) has effect, and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces, not being officers, referred to in that sub-regulation—from and including 27th August, 1971; and

(b) in relation to members of the Air Force, not being officers, referred to in that sub-regulation—from and including 26th August, 1971.