Defence Force (Salaries) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE DEFENCE ACT 1903-1975, THE NAVAL DEFENCE ACT 1910-1975 AND THE AIR FORCE ACT 1923-1975.*
I, THE ADMINISTRATOR of the Government of Australia,
acting with the advice of the Executive Council, hereby make the following
Regulations under the
Dated this twentieth day of January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Defence Force (Salaries) Regulations
1. Regulation 3 of the Defence Force (Salaries) Regulations is repealed.
2. Regulation 4 of the Defence Force (Salaries) Regulations is amended—(a) by omitting from sub-regulation (1) the definition of “ member ” and substituting the following definition:—
“ ‘ member ’ means a member of the Permanent Naval Forces, of the Australian Regular Army, of the Regular Army Supplement or of the Permanent Air Force and includes any member of the Defence Force rendering continuous full-time service, but does not include an officer who holds a rank higher than a rank specified in Schedule 1;”; and
(b) by omitting from sub-regulation (1) the definitions of “ the prescribed day ” and “ the prescribed period ”.
“ 4a. For the purposes of these Regulations, the period of service of a member in a rank shall be taken to include a period equal to one-half of the
* 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; and 1976, No. 3.
total of any period, other than a period referred to in sub-regulation 12 (7) of the Defence Force (Reserves) (Financial) Regulations, to be counted, or deemed to be counted, in accordance with regulation 12 of those Regulations as service for pay by the member in that rank.”.
(a) by omitting from sub-regulation (2) the words “ For the purposes ” and substituting the words “ Subject to sub-regulations (4) and (6), for the purposes ”;
(b) by omitting from sub-regulation (2) the words “ appropriate, under the Service Financial Regulations to the member ” and substituting the words “ that was appropriate, under the Service Financial Regulations, to the member immediately before he was promoted to that rank ”;
(c) by omitting from sub-regulation (3) the words “ For the purposes ” and substituting the words “ Subject to sub-regulations (4) and (6), for the purposes ”; and
(d) by adding at the end thereof the following sub-regulations:—
“ (4) Where, by virtue of the operation of the relevant Service Financial Regulation, salary is payable to a member on promotion to, or enlistment with, a rank specified in Part II or III of Schedule 7 or Part II or III of Schedule 8 at a rate other than the lowest rate specified in that Part in relation to the rank held by the member, the member shall be deemed on promotion to, or enlistment with, that rank to have completed a period of service in that rank equal to the sum of—
(a) the period specified in whichever of column 1, 2 or 3 of that Part is applicable to the member, opposite to the rate at which salary is so payable to the member; and
(b) any period of less than 12 months during which the member is, by virtue of an approval by the Service Board under the relevant sub-regulation, to be taken to have been in receipt of salary at that last-mentioned rate.
“ (5) In sub-regulation (4)—
‘ relevant Service Financial Regulation ’ means—
(a) in the case of a member of the Naval Forces—regulation 31a of the Naval Financial Regulations;
(b) in the case of a member of the Military Forces—regulation 12ba of the Military Financial Regulations; and
(c) in the case of a member of the Air Force—regulation 549a of the Air Force Regulations;
‘ relevant sub-regulation ’ means—
(a) in the case of a member of the Naval Forces—sub-regulation 32 (4) of the Naval Financial Regulations;
(b) in the case of a member of the Military Forces—sub-regulation 12bc (5) of the Military Financial Regulations; and
(c) in the case of a member of the Air Force—sub-regulation 549b (5) of the Air Force Regulations.”
“ (6) Where a member—
(a) held, on the relevant day, a rank specified in Part II or III of Schedule 7 or in Part II or III of Schedule 8; and
(b) has continued to hold that rank,
and the rate at which pay was payable to the member on that day was a rate specified in a paragraph (in the second or third column; whichever was, on that day, applicable to the member) of the prescribed table, being a paragraph referred to in column 1 of the following table, the member shall be deemed, for the purposes of this Part, to have completed, on the day immediately preceding the relevant day, a period of service in that rank equal to the period specified in column 2 of the following table opposite to the reference to the above-mentioned paragraph:—
Column 1 | Column 2 |
Paragraph | Period of Service in Rank |
(b) ....................................... |
|
(c) ....................................... |
|
(d) ....................................... |
|
(e) ....................................... |
|
(f) ....................................... |
|
(g) ....................................... |
|
“ (7) In sub-regulation (6)—
‘ prescribed table ’ means—
(a) in relation to a member of the Naval Forces—the table in sub-regulation 31a (2) or 253a (2), as the case may be, of the Naval Financial Regulations;
(b) in relation to a member of the Military Forces—the table in sub-regulation 12ba (3) of the Military Financial Regulations; and
(c) in relation to a member of the Air Force—the table in sub-regulation 549a (1) of the Air Force Regulations;
‘ relevant day ’ means—
(a) in relation to a member of the Air Force—26 November 1971; and
(b) in relation to a member of the Naval Forces or of the Military Forces—2 December 1971.”.
“ Part VI—Miscellaneous ”.
“ to—
(a) members of the Permanent Naval Forces; and
(b) members of the Citizen Naval Forces, and of the Naval Emergency Reserve Forces, rendering continuous full-time service,”.
“ to—
(a) members of the Australian Regular Army and of the Regular Army Supplement; and
(b) members of the Regular Army Emergency Reserve, of the Regular Army Reserve, and of the Citizen Military Forces, rendering continuous full-time service,”.
“ to—
(a) members of the Permanent Air Force; and
(b) members of the Citizen Air Force, and of the Air Force Emergency Force, rendering continuous full-time service,”.
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