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

STATUTORY RULES

1972 No. 18

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

(a)in the case of members of the Naval Forces or Military Forces—on and from the twenty-seventh day of August, 1971; and

(b)in the case of members of the Air Force—on and from the twenty-sixth day of August, 1971:

AND WHEREAS the pay of members the descriptions applicable to whom are set out in items 3, 4, 18 and 19 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 Military Forces—from and including the fifth day of November, 1971; and

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

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 rates of pay” in sub-section (1.) of section 4 of that Act.

Dated this 1st day of February, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

the Treasurer.

* Notified in the Commonwealth Gazette on  1972.

23672/71—Price 10c 10/21.12.1971

 

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—

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

(b)by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(5.) For the purposes of sub-regulation (2.) of the last preceding regulation, the prescribed daily rate in respect of a seaman is—

(a) in the case of a seaman who holds the rating of Recruit—the rate specified in sub-regulation (2.) of regulation 31 of the Naval Financial Regulations;

(b)in the case of a seaman who holds the rating of Ordinary Seaman or Able Seaman, Second Class—

(i) if he has less than six months’ pay seniority—the rate specified in the Fifth Schedule to the Naval Financial Regulations in relation to the rating of Able Seaman and pay level 1; or

(ii) in any other case--the rate specified in the Fifth Schedule to the Naval Financial Regulations in relation to the rating of Able Seaman and pay level 2;

(c)in the case of a seaman who holds the rating of Chief Petty Officer and is in receipt of active pay in accordance with sub-regulation (6.) of regulation 31a of the Naval Financial Regulations—the rate specified in paragraph (a) (in the second column) of item 1 in the table in sub-regulation (2.) of that regulation;

(d)in the case of any other seaman who holds the rating of Leading Seaman or Able Seaman—the rate specified in the Fifth Schedule to the Naval Financial Regulations in relation to the rating that he holds and the pay level appropriate to the class of seamen in which he is included for the purpose of pay; or

(e) in the case of any other seaman who holds a rating specified in the table in sub-regulation (2.) of regulation 31A or sub-regulation (2.) of regulation 31b of the Naval Financial Regulations—the rate specified in that table in relation to the rating that he holds.

“(6.) For the purpose of sub-regulation (2.) of the last preceding regulation, the prescribed daily rate in respect of a servicewoman is—

(a)in the case of a servicewoman who holds the rating of Recruit—the rate specified in sub-regulation (2.) of regulation 253 of the Naval Financial Regulations;

* Statutory Rules 1971, No. 92. as amended by Statutory Rules 1971, Nos 93 and 143.

(b) in the case of a servicewoman who is in receipt of active pay in accordance with sub-regulation (5.) of regulation 253 of the Naval Financial Regulations—the rate per day at which active pay is payable to her in accordance with that sub-regulation;

(c) in the case of any other servicewoman who holds the rating of Leading Wran or Wran—the rate specified in Table 2 in the Fifteenth Schedule to the Naval Financial Regulations in relation to the rating that she holds and the pay level appropriate to the class of servicewomen in which she is included for the purpose of pay; or

(d) in the case of any other servicewoman who holds a rating specified in the table in sub-regulation (2.) of regulation 253a of the Naval Financial Regulations—the rate specified in that table in relation to the rating that she 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—

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

“(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.”; and

(b) by omitting sub-regulation (5.) and (6.) and inserting in their stead the following sub-regulations:—

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

(a) in the case of a soldier who is a recruit for the purpose of regulation 12b of the Military Financial Regulations—the rate specified in sub-regulation (2.) of that regulation;

(b)in the case of a soldier who is in receipt of pay in accordance with regulation 12bb of the Military Financial Regulations—the rate per day at which pay is payable to the soldier in accordance with that regulation;

(c) in the case of any other soldier who holds the rank of Corporal, Lance Corporal or Private—the rate specified in the Second Schedule to the Military Financial Regulations in relation to the rank that he holds and the pay level appropriate to the class of soldiers in which he is included for the purpose of pay; or

(d)in the case of any other soldier who holds a rank specified in the table in sub-regulation (3.) of regulation 12ba of the Military Financial Regulations—the rate specified in that table (in the second column) in relation to the rank that he holds.

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

(a) in the case of a servicewoman who is a recruit for the purpose of regulation 12b of the Military Financial Regulations—the rate specified in sub-regulation (4.) of that regulation;

(b)in the case of a servicewoman who is in receipt of pay in accordance with regulation 12bb of the Military Financial Regulations—the rate per day at which pay is payable to her in accordance with that regulation;

(c) in the case of any other servicewoman who holds the rank of Corporal, Lance Corporal or Private—the rate specified in the Third Schedule to the Military Financial Regulations in relation to the rank that she holds and the pay level appropriate to the class of servicewomen in which she is included for the purpose of pay; or

(d) in the case of any other servicewoman who holds a rank specified in the table in sub-regulation (3.) of regulation 12ba of the Military Financial Regulations—the rate specified in that table (in the third column) in relation to the rank that she holds.”.

Prescribed daily rate—members of the Air Force.

3. 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.”; and

(b)by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(5.) For the purpose of sub-regulation (2.) of regulation 5 of these Regulations, the prescribed daily rate in respect of an airman is—

(a) in the case of an airman who holds the rank of Aircraftman (Recruit)—the rate specified in sub-regulation (2.) of regulation 549 of the Air Force Regulations;

(b)in the case of an airman who is an air crew trainee—the rate per day at which active pay is payable to the airman in accordance with regulation 550 of the Air Force Regulations;

(c) in the case of any other airman who holds the rank of Corporal, Leading Aircraftman or Aircraftman—the rate specified in the Fifth Schedule to the Air Force Regulations in relation to the rank that he holds and the pay level appropriate to the class of airmen in which he is included for the purpose of pay; or

(d) in the case of any other airman who holds a rank specified in the table in sub-regulation (1.) of regulation 549a of the Air Force Regulations—the rate specified in that table (in the second column) in relation to the rank that he holds.

“(6.) For the purpose of sub-regulation (2.) of regulation 5 of these Regulations, the prescribed daily rate in respect of an airwoman is—

(a) in the case of an airwoman who holds the rank of Aircraft-woman (Recruit)—the rate specified in sub-regulation (4.) of regulation 549 of the Air Force Regulations;

(b)in the case of an airwoman who holds the rank of Corporal, Leading Aircraftwoman or Aircraftwoman—the rate specified in (he Sixth Schedule to the Air Force Regulations in relation to the rank that she holds and the pay level appropriate to the class of airwomen in which she is included for the purpose of pay; or

(c) in the case of an airwoman who holds a rank specified in the table in sub-regulation (1.) of regulation 549a of the Air Force Regulations—the rate specified in that table (in the third column) in relation to the rank that she holds.”.

Second Schedule.

4.—(1.) Part I. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 3 and 4 and inserting in their stead the following items:—

“3. Rear-Admiral	Major-General	Air Vice-Marshal	51.76
4. Commodore or Captain (Special Rate)	Brigadier	Air Commodore	43.50”.

(2.) Part III. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 18 and 19 and inserting in their stead the following items:—

“18. Rear-Admiral	Major-General	Air Vice-Marshal	51.76
19. Commodore or Captain (Special Rate)	Brigadier	Air Commodore	47.63”.

(3.) Part IV. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 26 and 27 and inserting in their stead the following item:—

“26. Apprentice during fourth year training Apprentice Tradesman during fourth year training Apprentice Airman during fourth year training 7.31”.

Application.

5.—(1.) Regulation 1 of these Regulations has effect, and shall be deemed to have taken effect, in relation to those members of the Naval Forces in receipt of additional active pay in accordance with regulation 36 of Statutory Rules 1971, No. 158, from and including the twenty-seventh day of August, 1971.

(2.) Regulation 2 of these Regulations has effect, and shall be deemed to have taken effect, in relation to those members of the Military Forces in receipt of additional pay in accordance with regulation 12 of Statutory Rules 1971, No. 155, from and including the twenty-seventh day of August, 1971.

(3.) Regulation 3 of these Regulations has effect, and shall be deemed to have taken effect, in relation to those members of the Air Force in receipt of additional active pay in accordance with regulation 10 of Statutory Rules 1971, No. 153, from and including the twenty-sixth day of August, 1971.

(4.) Sub-regulations (1.) and (2.) of regulation 4 of these Regulations have effect, and shall be deemed to have taken effect—

(a)in relation to officers of the Naval Forces or the Military Forces holding a rank specified in item 3, 4, 18 or 19 of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations, from and including the fifth day of November, 1971; and

(b) in relation to officers of the Air Force holding a rank specified in such an item, from and including the fourth day of November, 1971.

(5.) Sub-regulation (3.) of regulation 4 of these Regulations has effect, and shall be deemed to have taken effect, in relation to members of the Permanent Military Forces referred to in item 26 of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations, from and including the ninth day of December, 1971.

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