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

STATUTORY RULES

1972 No. 60

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 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 members, being members included in the classes of officers referred to in sub-regulations (1.), (2.) and (3.) of regulation 5 of these Regulations, was increased—

(a)in the case of officers of the Naval Forces or the Military Forces— on and from the seventeenth day of December, 1971; and

(b)in the case of members of the Air Force—on and from the sixteenth day of December, 1971;

AND WHEREAS the pay of members the descriptions applicable to whom are set out in Part II. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, as amended by these Regulations, was increased—

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

(b)in the case of members of the Air Force—from and including the sixteenth day of December, 1971;

AND WHEREAS the pay of members, being officers of the Military Forces in receipt of pay under sub-regulation (3.) of regulation 12d of the Military Financial Regulations or servicewomen included in the classes of servicewomen referred toin sub-regulations (1.), (2.) and (3.) of regulation 5 of these Regulations, was increased on and from the first day of January, 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 purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act.

Dated this twenty-seventh

day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. V. Garland

Minister of State for Supply Acting for and on Behalf of the Treasurer

  

* Notified in the Commonwealth Gazette on 1972.

12793/72—Price 8c 10/22.3.1972

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

Prescribed daily rate—members of the Naval Forces.

1. Regulation 6 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) In this regulation, a reference to the Naval 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 the last preceding regulation, the prescribed daily rate in respect of a male officer is—

(a)in the case of an officer referred to in sub-regulation (1a.) of regulation 9 of the Naval Financial Regulations—the rate per day specified in Division 3 of the Third Schedule to the Naval Financial Regulations in relation to the rank that he holds;

(b)in the case of an officer in receipt of active pay in accordance with sub-regulation (2.) of regulation 10 of the Naval Financial Regulations —the rate per day specified in that sub-regulation;

(c) in the case of an officer holding a rank specified in Division 1 of the Third Schedule to the Naval Financial Regulations, being an officer of a kind described in that Division—the rate per day specified in that Division in relation to the rank that he holds;

(d)in the case of an officer of the medical branch or dental branch who is not in receipt of active pay in accordance with sub-regulation (2.) of regulation 10 of the Naval Financial Regulations—the rate per day specified in the Fourth Schedule to those Regulations in relation to the rank that he holds; or

(e)in the case of any other officer—the rate per day specified in Division 2of the Third Schedule to the Naval Financial Regulations in relation to the rank that he holds.”.

Prescribed daily rate—members of the Military Forces.

2. Regulation 7 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) In this regulation, 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 in receipt of pay in accordance with sub-regulation (3.) of regulation 12 of the Military Financial Regulations —the rate per day specified in that sub-regulation;

(b) 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 to the rank that he holds;

(c) in the case of an officer who is a medical officer or dental officer and is not in receipt of pay in accordance with sub-regulation (3.) of regulation 12 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; or

(d)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.”.

* Statutory Rules 1971, No. 92, asamended by Statutory Rules 1971, Nos. 93 and 143; and 1972, No.

Prescribed daily rate—members of the Air Force.

3. Regulation 8 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(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.

“(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 in receipt of active pay in accordance with sub-regulation (4.) of regulation 543 of the Air Force Regulations—the rate per day specified in that sub-regulation;

(b)in the case of an officer referred to in sub-regulation (2.) 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;

(c) in the case of an officer of the medical branch who is a qualified medical or dental practitioner and is not in receipt of active pay in accordance with sub-regulation (4.) of regulation 543 of the Air Force Regulations—the rate per day specified in the table in sub-regulation (7.) of that regulation in relation to the rank that he holds; or

(d)in the case of any other officer—the rate per day specified in the table in sub-regulation (1.) of regulation 543 of the Air Force Regulations in relation to the rank that he holds.”.

Second Schedule.

4.The Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting Part II. and inserting in its stead the following part:—

“PART II.

Chaplains

13.	Chaplain-General	Principal Air Chaplain	30.82
14.	Chaplain with not less than 20 years’ service as a Chaplain	Chaplain, Third Class, with not less than 16 years’ service in that classification	Chaplain with not less than 20 years’ service in that rank	29.89
15.	Chaplain with less than 20 but not less than 12 years’ service as a Chaplain	Chaplain, Third Class, with less than 16 but not less than 8 years’ service in that classification	Chaplain with less than 20 but not less than 12 years’ service in that rank	28.13
16.	Chaplain with less than 12 but not less than 4 years’ service as a Chaplain	Chaplain, Third Class, with less than 8 years’ service in that classification	Chaplain with less than 12 but not less than 4 years’ service in that rank	24.63
17.	Chaplain with less than 4 years’ service as a Chaplain	Chaplain, Fourth Class	Chaplain with less than 4 years’ service in that rank	20.96”.

Application.

5.—(1.) Regulation 1 of these Regulations has effect, and shall be deemed to have taken effect—

(a) in relation to those officers of the Naval Forces in receipt of additional active pay in accordance with sub-regulation (1.) of regulation 11 of Statutory Rules 1972, No. 21—from and including the seventeenth day of December, 1971; and

(b)in relation to those servicewomen of the Naval Forces in respect of whose service on and after the first day of January, 1972, rates of active pay were increased by sub-regulation (2.) of regulation 11 of Statutory Rules 1972, No. 21—from and including the first day of January, 1972.

(2.) Regulation 2 of these Regulations has effect, and shall be deemed to have taken effect—

(a) in relation to those officers of the Military Forces in respect of whose service on and after the seventeenth day of December, 1971, rates of pay were increased by sub-regulation (1.) of regulation 10 of Statutory Rules 1972, No. 25—from and including the seventeenth day of December, 1971; and

(b)in relation to those officers and servicewomen of the Military Forces in respect of whose service on and after the first day of January, 1972, rates of pay were increased by sub-regulation (2.) of regulation 10 of Statutory Rules 1972, No. 25—from and including the first day of January, 1972.

(3.) Regulation 3 of these Regulations has effect, and shall be deemed to have taken effect—

(a)in relation to those officers of the Air Force in respect of whose service on and after the sixteenth day of December, 1971, rates of active pay were increased by sub-regulation (1.) of regulation 5 of Statutory Rules 1972, No. 28—from and including the sixteenth day of December, 1971; and

(b) in relation to those servicewomen of the Air Force in respect of whose service on and after the first day of January, 1972, rates of active pay were increased by sub-regulation (2.) of regulation 5 of Statutory Rules 1972, No. 28—from and including the first day of January, 1972.

(4.) Regulation 4 of these Regulations has effect, and shall be deemed to have taken effect—

(a)in relation to members of the Naval Forces or Military Forces the descriptions applicable to whom are set out in Part II. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations—from and including the seventeenth day of December, 1971; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in Part II. of the Schedule referred to in the last preceding paragraph—from and including the sixteenth day of December, 1971.

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