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

STATUTORY RULES

1972 No. 141

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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 purposes 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 date 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 referred to in sub-regulation (1.) of regulation 6 of the following Regulations was increased—

(a) in the case of members of the Naval Forces or the Military Forces—from and including the sixteenth day of July, 1971; and

(b) in the case of members of the Air Force—from and including the fifteenth day of July, 1971:

AND WHEREAS the pay of female members referred to in sub-regulation (1.) of regulation 6 of the following Regulations was increased from and including the first day of January, 1972:

NOW THEREFORE I, Sir Paul Meernaa Caedwalla Hasluck, 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 purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act.

Dated this seventeenth day of August, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. V. Garland

Minister of State for Supply for and on behalf of the Treasurer

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

Maximum daily rates of pay.

1. Regulation 5 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “or Part III,” and inserting in their stead the words “, Part III. or Part V.”.

* Notified in the Commonwealth Gazette on                                                                    1972.

 Statutory Rules 1971, No. 92, as amended by Statutory Rules 1971, Nos. 23 and 143 and 1972, No. 18.

18825/72—Price 8c 10/9.6.1972

Prescribed daily rate—members of the Naval Forces.

2. Regulation 6 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, a reference to the Naval Financial Regulations shrill be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.”.

Prescribed daily rate—members of the Military Forces.

3. Regulation 7 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended—

(a)by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) In this regulations a reference to the Military Financial Regulations shall be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.

“(3.) For the purpose of sub-regulation (2.) of regulation 5 of these Regulations, the prescribed daily rate in respect of a male officer is—

(a) in the case of an officer referred to in sub-regulation (4.) of regulation 12 of the Military Financial Regulations—the rate per day specified in the table in that sub-regulation in relation in to the rank that he holds;

(b)in the case of an officer who is a medical officer or a dental officer and is not in receipt of pay in accordance with sub-regulation (3.) of regulation 12aaa of the Military Financial Regulations—the rate per day specified in the table in sub-regulation (2.) of that regulation in relation to the rank that he holds;

(c) in the case of an officer in receipt of pay in accordance with sub-regulation (3.) of regulation 12AAA of the Military Financial Regulations—the rate per day specified in that sub-regulation;

(d) in the case of a male officer who is serving in the Royal Australian Army Nursing Corps—the rate per day specified in the table in regulation 12aab of the Military Financial Regulations in relation to the rank that he holds; or

(e) in the case of any other officer—the rate per day specified in the table in sub-regulation (1.) of regulation 12 of the Military Financial Regulations in relation to the rank that he holds; and

(b) by omitting paragraph (a) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(a) in the case of a female officer who is a medical officer or a dental officer—the rate per day specified in the table in sub-regulation (2.) of regulation 12aaa of the Military Financial Regulations in relation to the rank that she holds:”.

Prescribed daily rate—members, of the Air Force.

4. Regulation 8 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended—

(a)by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, a reference to the Air Force Regulations shall be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.”;

 

(b) by omitting from paragraph (c) of sub-regulation (2.) the word “or” (last occurring); and

(c) by inserting after paragraph (c) of sub-regulation (3.) the following paragraph:—

“(ca) in the case of a male officer referred to in sub-regulation (7a.) of regulation 543 of the Air Force Regulations— the rate per day specified in the table in that sub-regulation in relation to the rank that he holds; or”.

Second Schedule.

5.—(1.) The Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 20 and 21 and inserting in their stead the following items:—

“20.	Captain....................	Colonel............................	Group Captain....................	42.56
21.	Commander............	Lieutenant-Colonel.......	Wing Commander.............	39.35”.

(2.) The Second Schedule lo the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 28 and 29 and inserting in their stead the following items:—

“28.	...................................	Colonel......................	Group Officer..........	42.56
29.	...................................	Lieutenant-Colonel.	Wing Officer...........	39.35”.

Application.

6.— (1.) in this regulation, “prescribed officer” means—

(a) an officer of the Medical Branch or Dental Branch of the Naval Forces who holds the rank of Captain or a lower rank and is not in receipt of active pay in accordance with sub-regulation (2.) of regulation 10 of the Naval Financial Regulations;

(b) an officer of the Military Forces who is a medical officer or a dental officer, holds the rank of Colonel or a lower rank and is not in receipt of pay in accordance with sub-regulation (3.) of regulation 12aaa of the Military Financial Regulations;

(c) a male officer of the medical branch of the Permanent Air Force who is a qualified medical or dental practitioner, holds the rank of Group Captain or a lower rank and is not in receipt of active pay in accordance with sub-regulation (4.)  of regulation 543 of the Air Force Regulations; or

(d) an officer of the Women’s Royal Australian Air Force who is a qualified medical or dental practitioner and holds the rank of Group Officer or a lower rank.

(2.) Regulations 2, 3, 4 and 5 of these Regulations have effect, and shall be deemed to have taken effect—

(a) in relation to male prescribed officers of the Naval Forces or Military Forces—from and including the sixteenth day of July, 1971; and

(b) in relation to male prescribed officers of the Air Force—from and including the fifteenth day of July, 1971.

(3.) Regulations 2, 3. 4 and 5 of these Regulations have effect, and shall be deemed to have taken effect, in relation to female prescribed officers, from and including the first day of January, 1972.

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