Defence Force (Salaries) Regulations (Amendment) (Cth)

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Statutory Rules 1982 No. 3051

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Defence Force (Salaries) Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 28 October 1982.

IAN SINCLAIR

Minister of State for Defence

––––––––––

Interpretation

1. Regulation 4 of the Defence Force (Salaries) Regulations is amended by omitting sub-regulation (5).

2. After regulation 4b of the Defence Force (Salaries) Regulations, the following regulations are inserted:

Service as Principal Chaplain

“4c. For the purposes of these Regulations, a Principal Chaplain appointed with effect from 27 September 1982 who performed the duties of a chaplain in the Army during the period from and including 1 July 1981 to and including 26 September 1982 shall be deemed to have completed a period of service as a Principal Chaplain equal to the period from and including 1 July 1981 to and including 26 September 1982.

“4d. For the purposes of these Regulations—

(a) a person who is a chaplain in the Navy (not being a person who is a Principal Naval Chaplain) shall be deemed to hold the rank of Chaplain;

 

(b) a person who is a chaplain in the Army (not being a person who holds an appointment of Principal Chaplain) shall be deemed—

(i) if he is in the classification of Chaplain 4th Class—to hold the rank of Chaplain 4th Class; or

(ii) if he is in the classification of Chaplain 3rd Class—to hold the rank of Chaplain 3rd Class;

(c) a person who is a chaplain in the Air Force (not being a person who holds an appointment of Principal Air Chaplain) shall be deemed to hold the rank of Chaplain; and

(d) a person who is a Principal Naval Chaplain shall be deemed to hold the rank of Principal Naval Chaplain, a person who holds an appointment of Principal Chaplain in the Army shall be deemed to hold the rank of Principal Chaplain and a person who holds an appointment of Principal Air Chaplain shall be deemed to hold the rank of Principal Air Chaplain.”.

Annual rates of salary payable to officers

3. Paragraph 7 (1) (b) of the Defence Force (Salaries) Regulations is amended by inserting “or is deemed to have completed” after “has completed”.

4. After regulation 7a of the Defence Force (Salaries) Regulations, the following regulations are inserted:

Annual rate of salary during prescribed period

“7aa. Notwithstanding any other provision in these Regulations, the rate of salary payable to a member to whom Schedule 5 refers in respect of service on a day during the period from and including 12 August 1982 to and including 3 November 1982, shall, for the purposes of these Regulations, be the amount which would otherwise be payable to him, but for this regulation, less the amount, if any, to which he is entitled under Determination 0115, Special Allowance for Medical Officers and Dental Officers, made under section 58b of the Defence Act 1903, in respect of service on that day.

“7ab. (1) Notwithstanding any other provision in these Regulations, the rate of salary or amount of additional salary payable to a Principal Chaplain in the Army, a Principal Naval Chaplain or a Principal Air Chaplain in respect of service on a day during the period from and including 12 August 1982 to and including 3 November 1982 shall, for the purposes of these Regulations, be the amount which would otherwise be payable to him, but for this regulation, less any amount of Service Allowance to which he is entitled in respect of that day.

(2) In sub-regulation (1), ‘Service Allowance’ means—

(a) an allowance payable under regulation 10 of the Defence Force (Salaries) Regulations as in force from 12 August 1982 to 30 August 1982; and

(b) an allowance payable under Determination 0201, Service Allowance, made under section 58b of the Defence Act 1903.”.

General rates of salary payable to members

5. After sub-regulation 8 (1a) of the Defence Force (Salaries) Regulations, the following sub-regulations are inserted:

“(1b) Where—

(a) a member is undergoing training in a capacity specified in item 3 of Schedule 9 to qualify him to become a member of an employment classification; and

(b) during the course of that training the member is transferred from the Army Apprentices School on completion of his training at that school,

he shall, for the purposes of these Regulations, be deemed, on the date of his transfer from that school, to hold the rank of Private and to be included in—

(c) where there is more than one grade of employment classification applicable to the employment classification for which he is undergoing training—the lowest grade in that employment classification; or

(d) in any other case—the employment classification for which he is undergoing training.

“(1c) For the purpose of sub-regulation (1b), ‘employment classification’ means a class of soldiers determined by the Minister under sub-regulation 12b (5) of the Military Financial Regulations.”.

Annual rate of salary during prescribed period

6. Regulation 8a of the Defence Force (Salaries) Regulations is repealed.

Pay of members entitled to certain allowances

7. Regulations 8b and 8c of the Defence Force (Salaries) Regulations are repealed.

Annual rates of salaries of members undergoing training

8. Sub-regulation 9 (1) of the Defence Force (Salaries) Regulations is amended by omitting “and regulation 9a” and substituting “and regulations 9a and 9b”.

9. Regulation 9 of the Defence Force (Salaries) Regulations is amended by adding at the end thereof the following sub-regulation:

“(3) This regulation does not apply to a member to whom sub-regulation 8 (1b) applies.”.

10. After regulation 9a of the Defence Force (Salaries) Regulations the following regulation is inserted:

“9b. (1) In this regulation ‘frozen rate’ means the rate of salary to which a member referred to in sub-regulation (2) is entitled under sub-regulation 9 (1) on 3 November 1982.

(2) Where the rate of salary payable to a member on 4 November 1982 under sub-regulation 9 (1) would, but for this regulation, be less than the frozen rate, that member shall be entitled to be paid salary at the frozen rate until the rate of salary that would be payable to him but for this regulation exceeds the frozen rate.”.

Schedule 5

11. Schedule 5 to the Defence Force (Salaries) Regulations is repealed and the following Schedule substituted:

SCHEDULE 5Regulation 7

MEDICAL OFFICERS AND DENTAL OFFICERS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Rate of salary

$

Officer performing year of compulsory residency (from under-graduate scheme)........

Officer performing year of compulsory residency (from under-graduate scheme)........

Officer performing year of compulsory residency (from under-graduate scheme)

20,750

Lieutenant

Captain

Flight Lieutenant—

Under 1 year................

Under 1 year................

Under 1 year...........

25,786

1 year............................

1 year............................

1 year........................

27,885

2 years...........................

2 years...........................

2 years......................

28,931

3 years...........................

3 years...........................

3 years......................

29,978

4 years...........................

4 years...........................

4 years......................

31,031

5 years...........................

5 years...........................

5 years......................

32,076

Lieutenant Commander

Major

Squadron Leader—

Under 1 year................

Under 1 year................

Under 1 year...........

34,369

1 year............................

1 year............................

1 year........................

35,516

2 years...........................

2 years...........................

2 years......................

36,661

3 years...........................

3 years...........................

3 years......................

37,810

Commander....................

Lieutenant Colonel.........

Wing Commander....

42,588 47,044

Captain............................

Colonel.............................

Group Captain...........

Commodore....................

Brigadier...........................

Air Commodore........

45,000

Rear Admiral...................

Major General.................

Air Vice Marshal.......

52,000

12. The Defence Force (Salaries) Regulations as amended by clause 11 are further amended by omitting from column 4 of Schedule 5 to those Regulations “45,000” and substituting “49,715”.

Schedule 6

13. Schedule 6 to the Defence Force (Salaries) Regulations is repealed and the following Schedule substituted:

SCHEDULE 6 Regulation 7

CHAPLAINS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Rate of salary

$

Chaplain

Chaplain, 4th Class—

Chaplain—

Under 1 year..........

Under 1 year.................

Under 1 year.............

19,300

1 year......................

1 year.............................

1 year.........................

20,100

2 years.....................

2 years............................

2 years........................

20,900

3 years.....................

3 years............................

3 years........................

 21,700

Chaplain, 3rd Class—

4 years.....................

Under 2 years...............

4 years........................

22,500

6 years.....................

2 years............................

6 years........................

23,300

8 years.....................

4 years............................

8 years........................

24,100

10 years..................

 6 years...........................

10 years.....................

24,900

SCHEDULE 6—continued

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Rate of salary

$

12 years..........................

8 years.....................

12 years.........................

25,700

14 years..........................

10 years...................

14 years.........................

26,500

16 years..........................

12 years...................

16 years.........................

27,300

18 years..........................

14 years...................

18 years.........................

28,100

20 years..........................

16 years...................

20 years.........................

28,900

22 years..........................

18 years...................

22 years.........................

29,700

Principal Naval Chaplain –

Principal Chaplain–

Principal Air Chaplain–

Under 2 years.................

Under 2 years..........

Under 2 years................

33,300

2 years............................

2 years.....................

2 years ..........................

34,300

Schedule 7

14. Schedule 7 to the Defence Force (Salaries) Regulations is amended by omitting from column 1 to Part III—

“Artificer, 1st

Class–

Under 1 year

1 year

2 years

3 years”.

Schedule 9

15. Schedule 9 to the Defence Force (Salaries) Regulations is repealed and the following Schedule substituted:

SCHEDULE 9 Regulation 9

MEMBERS UNDERGOING TRAINING

Item

Training capacities

Rate of salary

$

1

Normal entry recruits during basic recruit training.........................................

9,438

2

Trainees, including sailors in the Navy who hold the rank of Seaman, who have attained the age of 17 years and who have not completed their category training..................................................

10,725

3

Junior trainees, being junior musicians, apprentice musicians and other apprentices

1st year...................................................................................................

5,720

2nd year..................................................................................................

7,150

3rd year..................................................................................................

8,580

4

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.......................................................................................................

5,720

5

Royal Military College cadets, air cadets at the Air Force Academy and subordinate officers (that is to say, officers of the Navy who hold the rank of Acting Sub Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of senior entry—

1st year...................................................................................................

7,150

2nd year..................................................................................................

8,580

3rd year..................................................................................................

10,725

4th year...................................................................................................

11,440

6

Subordinate officers (that is to say, officers of the Navy who hold the rank of Acting Sub Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of junior entry—

1st year...................................................................................................

5,720

2nd year..................................................................................................

5,720

3rd year..................................................................................................

7,150

SCHEDULE 9—continued

Item

Training capacities

Rate of salary

$

4th year.................................................................................................

8,580

5th year.................................................................................................

10,725

6th year.................................................................................................

11,440

7

Members, not being members to whom item 5 or 6 applies, undertaking degree courses of at least 4 years duration—

with 3 years to graduation................................................................

8,580

with 2 years to graduation................................................................

10,725

in final year.........................................................................................

11,440

8

Members of the Navy, and air cadets not at the Air Force Academy, undertaking degree or diploma courses of 3 years duration or undertaking matriculation or equivalent studies preparatory to commencing such a degree or diploma course—

while undertaking matriculation or equivalent studies................

5,720

1st year of course................................................................................

7,150

2nd year of course..............................................................................

8,580

3rd year of course...............................................................................

10,725

9

Officer trainees of the Army and Air Force, not being members referred to in item 5,6, 7 or 8–

If not completed degree course........................................................

10,725

If completed degree course...............................................................

11,440

10

Officer trainees of the Navy, not being members referred to in item 5,6,7 or 8—

1st year.................................................................................................

10,725

2nd year................................................................................................

11,440

11

Junior trainees, not being members referred to in item 2 or 3, undergoing a Certificate of Technology course—

1st year.................................................................................................

7,150

2nd year................................................................................................

8,580

3rd year................................................................................................

10,725

Transitional

16. Where a Principal Chaplain appointed with effect from 27 September 1982 performed the duties of a chaplain in the Army during the period from and including 12 August 1982 to and including 26 September 1982, he shall be paid an amount of $226.84 as additional salary in respect of service rendered during that period.

Application

17. Clauses 4, 12 and 13 of this Interim Determination shall be deemed to have come into operation on 12 August 1982.

18. The Defence Force (Salaries) Regulations as amended by clauses 5 and 9 of this Interim Determination shall apply in relation to service by a member on and from 21 October 1982.

19. The Defence Force (Salaries) Regulations as amended by clauses 8 and 10 of this Interim Determination shall apply in relation to service by a member on and from 4 November 1982.

20. Clause 11 of this Interim Determination shall be deemed to have come into operation on 15 July 1982.

 

21. Schedule 9 to the Defence Force (Salaries) Regulations as amended by clause 15 of this Interim Determination shall apply on and from—

(a) to the extent that a rate of salary specified in that Schedule is greater than that rate of salary immediately before the making of this Interim Determination was notified in the Gazette—12 August 1982; and

(b) in any other case—4 November 1982.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 November 1982.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 53 and see also

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