Defence Force (Salaries) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, hereby make the following Regulations under the
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS
(a) by omitting from sub-regulation (1) the definition of “ male nurse ”; and
(b) by adding at the end thereof the following sub-regulation:
“ (4) Unless the contrary intention appears, a reference in these Regulations, by name, to a rank in an arm of the Defence Force includes a reference to any other rank in that arm that, in accordance with the law governing that arm, corresponds to the first-mentioned rank.”.
“ 4b. For the purpose of ascertaining the period of service completed in the rank of Lieutenant by an officer of the Navy who held that
* Notified in the
Statutory Rules 1973 No. 100 as amended by Statutory Rules 1973 Nos. 132, 201, 203, 249 and 269; 1974 Nos. 71, 77, 90, 92, 93 and 208; 1975 Nos. 34, 149, 163 and 197; 1976 Nos. 3, 13, 48, 81, 120, 130, 136, 197, 239 and 263; 1977 Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216; and 1978 Nos. 2, 3, 4, 50, 68, 90, 91, 116, 138 and 152.
rank on 6 January 1978 and was promoted to that rank before that date—
(a) if, on that date, the officer had completed or was deemed to have completed less than 2years’ service in that rank, he shall be deemed to have been promoted to that rank on that day; and
(b) in any other case, the period of service that, apart from this sub-regulation, the officer had completed or was deemed to have completed in that rank on that date shall be reduced by 2 years.”.
“ (2) For the purposes of sub-regulation (1), an officer of the Navy who holds a rank specified in Schedule 4 and who was successively—
(a) a member holding a rank specified in Part II or Part III of Schedule 7;
(b) an officer trainee holding the rank of midshipman; and
(c) an officer, not being an officer trainee, holding the rank of Acting Sub-Lieutenant,
shall be deemed to be a member who has the description specified in the heading to Schedule 4.”.
“ 7a. (1) The Minister may from time to time determine that an officer, or an officer included in a class of officers, specified in the determination shall, upon appointment with a rank, be deemed to have served in that rank for the period specified in the determination.
“ (2) Where the Minister makes a determination under sub-regulation (1), an officer in respect of whom the determination is made shall, upon being appointed to that rank, be deemed to have served in the rank for the period specified in the determination, being a period that ends on the day immediately preceding the day on which he is appointed.
“ (3) In making a determination under sub-regulation (1), the Minister shall have regard to—
(a) the continuous full-time service rendered by the officer in the Defence Force, or in the relevant part of the forces of a Commonwealth country, in a rank that corresponds to, or is higher than, the rank with which he is appointed and in a capacity that is relevant to the capacity in which he is appointed; and
(b) any special qualification or experience of the officer that is relevant to the capacity in which he is appointed.
“ (4) Where there is a break in service between 2 periods of continuous full-time service rendered by an officer referred to in sub-regulation (1), the Minister shall, in making a determination under that sub-regulation in respect of the officer, disregard—
(a) in the case of a break in service of a duration of 5 years or less—any service before an earlier break in service; and
(b) in the case of a break in service that exceeds 5 years—any service before the break.
“ (5) For
the purposes of this regulation, a period of continuous full-time service
rendered by a member in a part of the forces of a country declared to be a
country within the Commonwealth of Nations for the purposes of the
“ (6) For the purposes of sub-regulation (5), the rank in the Navy, Army or Air Force that corresponds with a rank held by a member in a part of the forces of a country referred to in that sub-regulation is the rank that—
(a) is to be regarded as corresponding with that second-mentioned rank by virtue of an order by the Governor-General made under sub-section 26 (1) of that Act; or
(b) where the rank that corresponds with that second-mentioned rank cannot be ascertained by reference to an order referred to in paragraph (a)—is declared by the Minister, by notice in writing, to correspond with that second-mentioned rank.
“ (7) A determination under sub-regulation (1)—
(a) takes effect from the date on which it is made or, if it is expressed to take effect from some other date, that other date;
(b) shall not be expressed to take effect—
(i) from a date before that sub-regulation came into operation; or
(ii) from a date that is more than 2 years before the date on which it is made; and
(c) shall not be expressed to take effect from a date before the date on which it was made 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 on which it is made would be affected in a manner prejudicial to that person; or
(ii) liability 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 on which it is made.
“ (8) A provision in a determination under sub-regulation (1) that is in contravention of sub-regulation (7) is void and of no effect.”.
(a) by omitting item 2 and substituting the following item:
“ 2. Sailors in the Navy who hold the rank of Seaman and who have not attained the age of 17 years and junior recruits in the Navy ......................................................................... 50 ”;
(b) by omitting from item 3 “ Cadet Midshipmen who have ” and substituting “ officers of the Navy who hold the rank of Acting Sub-Lieutenant or a lower rank who ”;
(c) by omitting from item 4 “ Cadet Midshipmen who have ” and substituting “ officers of the Navy who hold the rank of Acting Sub-Lieutenant or a lower rank who ”;
(d) by omitting from item 5 “ 5 and 6 ” and substituting “ 3 and 4 ”; and
(e) by omitting items 7, 8 and 9 and substituting the following items:
“ 7. Officer trainees of the Army and Air Force, not being members referred to in item 3, 4, 5 or 6—
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“ 8. Officer trainees of the Navy, not being members referred to in item 3, 4, 5 or 6—
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(a) in the case of a member of the Navy or Army—during the period from and including 6 January 1978 to and including 2 March 1978; or
(b) in the case of a member of the Air Force—during the period from and including 5 January 1978 to and including 1 March 1978,
be the rate of salary that would have been applicable to the member during that period if the following Schedules had, at the commencement of that period, been substituted for Schedules 2, 4, 7 and 9 to the Defence Force (Salaries) Regulations and had remained in force during the whole of that period:
SCHEDULE 2 Regulation 7
OFFICERS OTHER THAN OFFICERS WHO HOLD A RANK SPECIFIED IN SCHEDULE 1 OR ARE OFFICERS DESCRIBED IN SCHEDULE 4, 5, 6 OR 9
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant ........ |
|
| 9,972 |
Sub-Lieutenant— |
|
| |
|
|
| 10,512 |
|
|
| 11,049 |
|
|
| 11,580 |
|
|
| 12,109 |
Lieutenant— |
|
| |
|
|
| 12,716 |
|
|
| 13,322 |
|
|
| 13,929 |
|
|
| 14,537 |
|
|
| 15,142 |
|
|
| 15,748 |
Lieutenant-Command— |
|
| |
|
|
| 16,494 |
|
|
| 17,241 |
|
|
| 17,986 |
|
|
| 18,733 |
Commander— |
|
| |
|
|
| 19,680 |
|
|
| 20,625 |
Captain— |
|
| |
|
|
| 21,705 |
|
|
| 22,786 |
SCHEDULE 4 Regulation 7
OFFICERS OF THE NAVY, THE ARMY (OTHER THAN GRADUATES OF AN OFFICER CADET SCHOOL) AND THE AIR FORCE, BEING OFFICERS WHO, IMMEDIATELY BEFORE APPOINTMENT AS OFFICERS WITH A RANK SPECIFIED IN THIS SCHEDULE, WERE MEMBERS WHO HELD A RANK SPECIFIED IN PART II OR III OF SCHEDULE 7
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant |
| 13,016 | |
Sub-Lieutenant— |
|
| |
|
|
| 13,624 |
|
|
| 13,929 |
|
|
| 14,233 |
|
|
| 14,537 |
Lieutenant— |
|
| |
|
|
| 14,840 |
|
|
| 15,142 |
|
|
| 15,447 |
|
|
| 15,748 |
SCHEDULE 7 Regulation 8
MEMBERS OTHER THAN OFFICERS AND MEMBERS UNDERGOING TRAINING IN A CAPACITY REFERRED TO IN SCHEDULE 9
Ranks |
| |||||||
Column 1 |
|
| Pay level | Pay level | Pay level | Pay level | Pay level | Pay level |
Navy |
|
| 1 | 2 | 3 | 4 | 5 | 6 |
$ | $ | $ | $ | $ | $ | |||
Seaman .......... |
|
| 7,325 | 7,802 | 8,267 | 8,740 | 9,214 | 9,685 |
Able Seaman .. |
|
| 7,507 | 7,982 | 8,446 | 8,921 | 9,391 | 9,868 |
Leading Seaman |
|
| 7,817 | 8,282 | 8,747 | 9,221 | 9,693 | 10,172 |
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Petty Officer— |
|
| |
|
|
| 8,182 |
|
|
| 8,648 |
|
|
| 9,113 |
|
|
| 9,587 |
|
|
| 10,064 |
|
|
| 10,545 |
|
|
| 11,025 |
SCHEDULE 7
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Artificer, 1st Class— |
|
| |
|
|
| 11,025 |
|
|
| 11,501 |
|
|
| 11,978 |
Chief Petty Officer— |
| ||
|
|
| 12,458 |
|
|
| 12,937 |
Warrant Officer— |
|
| |
|
|
| 13,452 |
|
|
| 13,965 |
SCHEDULE 9 Regulation 9
MEMBERS UNDERGOING TRAINING
Annual rate of salary | ||
Item |
| |
$ | ||
1 |
| 6,375 |
2 |
| |
| 6,555 | |
| 7,691 | |
3 |
| |
| 3,671 | |
| 4,807 | |
| 6,555 | |
| 7,691 | |
4 |
| 3,646 |
5 |
| |
| 5,267 | |
| 5,946 | |
| 6,625 | |
| 7,303 | |
| 7,981 | |
| 8,661 |
SCHEDULE 9
Item |
| Annual rate of salary |
$ | ||
6 |
| |
| 4,053 | |
| 4,659 | |
| 5,267 | |
| 5,946 | |
|
6,625 | |
| 7,303 |
| 7,981 |
| 8,661 |
7 |
|
| 5,946 |
| 6,625 |
| 7,303 |
3 |
|
| 4,659 |
| 5,267 |
| 5,946 |
| 6,625 |
| |
| 6,625 |
| 7,303 |
10 |
|
| 6,625 |
| 7,303 |
(2) Notwithstanding regulation 12, the rate of salary payable to a member of the Defence Force included in a class of members the description of which is specified in the heading to Schedule 2, 4, 7 or 9 to the Defence Force (Salaries) Regulations shall, in respect of service—
(a) in the case of a member of the Navy or Army—during the period from and including 3 March 1978 to and including 8 June 1978; or
(b) in the case of a member of the Air Force—during the period from and including 2 March 1978 to and including 7 June 1978,
be the rate of salary that would have been applicable to the member during that period if the following Schedules had, at the commencement of that period, been substituted for Schedules 2, 4, 7 and 9 to the Defence Force (Salaries) Regulations and had remained in force during the whole of that period:
SCHEDULE 2 Regulation 7
OFFICERS OTHER THAN OFFICERS WHO HOLD A RANK SPECIFIED IN SCHEDULE 1 OR ARE OFFICERS DESCRIBED IN SCHEDULE 4, 5, 6 OR 9
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant ........ |
|
| 10,105 |
Sub-Lieutenant— |
|
| |
|
|
| 10,645 |
|
|
| 11,182 |
|
|
| 11,713 |
|
|
| 12,242 |
Lieutenant— |
|
| |
|
|
| 12,849 |
|
|
| 13,455 |
|
|
| 14,062 |
|
|
| 14,670 |
|
|
| 15,275 |
|
|
| 15,881 |
Lieutenant Commander— |
|
| |
|
|
| 16,627 |
|
|
| 17,374 |
|
|
| 18,119 |
|
|
| 18,866 |
Commander— |
|
| |
|
|
| 19,813 |
|
|
| 20,758 |
Captain— |
|
| |
|
|
| 21,838 |
|
|
| 22,919 |
SCHEDULE 4 Regulation 7
OFFICERS OF THE NAVY, THE ARMY (OTHER THAN GRADUATES OF AN OFFICER CADET SCHOOL) AND THE AIR FORCE, BEING OFFICERS WHO, IMMEDIATELY BEFORE APPOINTMENT AS OFFICERS WITH A RANK SPECIFIED IN THIS SCHEDULE, WERE MEMBERS WHO HELD A RANK SPECIFIED IN PART II OR III OF SCHEDULE 7
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant......... |
| 13,149 | |
Sub-Lieutenant— |
|
| |
|
|
| 13,757 |
|
|
| 14,062 |
|
|
| 14,366 |
|
|
| 14,670 |
Lieutenant— |
|
| |
|
|
| 14,973 |
|
|
| 15,275 |
|
|
| 15,580 |
|
|
| 15,881 |
SCHEDULE 7 Regulation 8
MEMBERS OTHER THAN OFFICERS AND MEMBERS UNDERGOING TRAINING IN A CAPACITY REFERRED TO IN SCHEDULE 9
Ranks | Annual rates of salary | |||||||
Column 1 |
|
| Pay level | Pay level | Pay level | Pay level | Pay level | Pay level |
Navy |
|
| 1 | 2 | 3 | 4 | 5 | 6 |
$ | $ | $ | $ | $ | $ | |||
Seaman ........... |
|
| 7,435 | 7,919 | 8,391 | 8,871 | 9,347 | 9,818 |
Able Seaman ... |
|
| 7,620 | 8,102 | 8,573 | 9,054 | 9,524 | 10,001 |
Leading Seaman |
|
| 7,934 | 8,406 | 8,878 | 9,354 | 9,826 | 10,305 |
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate or salary |
$ | |||
Petty Officer— |
|
| |
|
|
| 8,305 |
|
|
| 8,778 |
|
|
| 9,246 |
|
|
| 9,720 |
|
|
| 10,197 |
|
|
| 10,678 |
|
|
| 11,158 |
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Artificer, 1st Class— |
|
| |
|
|
| 11,158 |
|
|
| 11,634 |
|
|
| 12,111 |
Chief Petty Officer— |
| ||
|
|
| 12,591 |
|
|
| 13,070 |
Warrant Officer— |
|
| |
|
|
| 13,585 |
|
|
| 14,098 |
25260/78—24
SCHEDULE 9 Regulation 9
MEMBERS UNDERGOING TRAINING
Item | Training capacities | Annual rate of salary |
$ | ||
1 |
| 6,471 |
| ||
| 6,653 | |
| 7,806 | |
3 |
| |
| 3,726 | |
| 4,879 | |
| 6,653 | |
| 7,806 | |
4 |
| 3,701 |
5 |
| |
| 5,346 | |
| 6,035 | |
| 6,724 | |
| 7,413 | |
| 8,101 | |
| 8,791 | |
6 |
| |
| 4,114 | |
| 4,729 | |
| 5,346 | |
| 6,035 | |
| 6,724 | |
| 7,413 | |
| 8,101 | |
| 8,791 | |
7 |
| |
| 6,035 | |
| 6,724 | |
| 7,413 | |
8 |
| |
| 4,729 | |
| 5,346 | |
| 6,035 | |
| 6,724 | |
9 |
| |
| 6,724 | |
| 7,413 | |
10 |
| |
| 6,724 | |
| 7,413 |
(a) members of the Navy and Army—as if those amendments had come into operation on 6 January 1978; and
(b) members of the Air Force—as if those amendments had come into operation on 5 January 1978.
SCHEDULES
SCHEDULE 1 Regulation 5
Provision amended |
|
Paragraph 7 (3) (a) ...................... |
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Paragraph 7 (5) (a) ...................... |
|
Sub-regulation 7 (6) .................... |
|
Paragraph 7 (7) (a) ...................... |
|
Paragraph 7 (8) (a) ...................... |
|
Sub-regulation 8 (1) .................... |
|
Paragraph 8 (1) (a) ...................... |
|
Paragraph 8 (1) (b) ..................... |
|
| |
Paragraph 8 (1) (c) ...................... |
|
| |
Sub-regulation 8 (2) .................... |
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| |
Sub-regulation 8 (3) .................... |
|
| |
Sub-regulation 8 (4) .................... |
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Sub-regulation 8 (6) .................... |
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Sub-regulation 8 (7) .................... |
|
Paragraph 10 (2) (c) .................... |
|
Paragraph 14 (2) (b) .................... |
|
Paragraph 14 (2) (d) .................... |
|
Paragraph 14 (2) (c) .................... |
|
Sub-regulation 14C (1) ............... |
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Sub-regulation 19 (1) .................. |
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| |
Sub-regulation 21 (2) .................. |
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Schedule 3 ................................. |
|
Schedule 8 ................................. |
|
SCHEDULE 2 Regulation 6
SCHEDULE 2 Regulation 7
OFFICERS OTHER THAN OFFICERS WHO HOLD A RANK SPECIFIED IN SCHEDULE 1 OR ARE OFFICERS DESCRIBED IN SCHEDULE 4, 5, 6 OR 9
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant .... |
|
| 10,236 |
Sub-Lieutenant— |
|
| |
|
|
| 10,783 |
|
|
| 11,327 |
|
|
| 11,865 |
|
|
| 12,401 |
Lieutenant— |
|
| |
|
|
| 13,016 |
|
|
| 13,630 |
|
|
| 14,245 |
|
|
| 14,861 |
|
|
| 15,474 |
|
|
| 16,087 |
Lieutenant-Commander— |
|
| |
|
|
|
16,843 | |||
|
|
| 17,600 |
|
|
| 18,355 |
|
|
| 19,111 |
Commander— |
|
| |
|
|
| 20,071 |
|
|
| 21,028 |
Captain— |
|
| |
|
|
| 22 122 |
|
|
| 23,217 |
SCHEDULE 3 Regulation 7
SCHEDULE 4 Regulation 7
OFFICERS OF THE NAVY, THE ARMY (OTHER THAN GRADUATES OF AN OFFICER CADET SCHOOL) AND THE AIR FORCE, BEING OFFICERS WHO, IMMEDIATELY BEFORE APPOINTMENT AS OFFICERS WITH A RANK SPECIFIED IN THIS SCHEDULE, WERE MEMBERS WHO HELD A RANK SPECIFIED IN PART II OR III OF SCHEDULE 7
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Acting Sub-Lieutenant........ |
| 13,320 | |
Sub-Lieutenant— |
|
| |
|
|
| 13,936 |
|
|
| 14,245 |
|
|
| 14,553 |
|
|
| 14,861 |
Lieutenant— |
|
| |
|
|
| 15,168 |
|
|
| 15,474 |
|
|
| 15,783 |
|
|
| 16,087 |
SCHEDULE 4 Regulation 8
SCHEDULE 7 Regulation 8
MEMBERS OTHER THAN OFFICERS AND MEMBERS UNDERGOING TRAINING IN A CAPACITY REFERRED TO IN SCHEDULE 9
Ranks |
| |||||||
Column 1 |
|
| Pay level | Pay level | Pay level | Pay level | Pay level | Pay level |
Navy |
|
| 1 | 2 | 3 | 4 | 5 | 6 |
$ | $ | $ | $ | $ | $ | |||
Seaman.............. |
|
| 7,532 | 8,022 | 8,500 | 8.986 | 9,469 | 9,946 |
Able Seaman ..... |
|
| 7.719 | 8,207 | 8,684 | 9,172 | 9,648 | 10,131 |
Leading Seaman. |
|
| 8,037 | 8,515 | 8,993 | 9,476 | 9,954 | 10,439 |
Column 4 | |||
Column 1 |
|
| Annual rate of |
Navy |
|
| salary |
$ | |||
Petty Officer— |
|
| |
|
|
| 8,413 |
|
|
| 8,892 |
|
|
| 9,366 |
|
|
| 9,846 |
|
|
| 10,330 |
|
|
| 10,817 |
|
|
| 11,303 |
Column 1 |
|
| Column 4 |
Navy |
|
| Annual rate of salary |
$ | |||
Artificer, 1st Class— |
|
| |
|
|
| 11,303 |
|
|
| 11,785 |
|
|
| 12,268 |
Chief Petty Officer— |
| ||
|
|
| 12,755 |
|
|
| 13,240 |
Warrant Officer— |
|
| |
|
|
| 13,762 |
|
|
| 14,281 |
SCHEDULE 5 Regulation 9
SCHEDULE 9 Regulation 9
MEMBERS UNDERGOING TRAINING
Item |
| Annual rate of salary |
$ | ||
1 |
| 6,555 |
2 |
| |
| 6,740 | |
| 7,908 | |
3 |
| |
| 3,774 | |
| 4,942 | |
| 6,740 | |
| 7,908 | |
4 |
| 3,749 |
5 |
| |
| 5,415 | |
| 6,113 | |
| 6,811 | |
| 7,509 | |
| 8,206 | |
| 8,905 | |
6 |
| |
| 4,167 | |
| 4,790 | |
| 5,415 | |
| 6,113 | |
| 6,811 | |
| 7,509 | |
| 8,206 | |
| 8,905 | |
7 |
| |
| 6,113 | |
| 6,811 | |
| 7,509 | |
8 |
| |
| 4,790 | |
| 5,415 | |
| 6,113 | |
| 6,811 | |
9 |
| |
| 6,811 | |
| 7,509 | |
10 |
| |
| 6,811 | |
| 7,509 |
0
0
0