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

STATUTORY RULES

1971 No. 143

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971.*

WHEREAS it was provided by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1969, and has continued to be provided by that sub-section of that Act as subsequently amended, 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 it was provided by sub-section (2.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1969, and has continued to be provided by that sub-section of that Act as subsequently amended, 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 male medical officers and dental officers who held a rank specified in the table in sub-regulation (1.) of regulation 6 of these Regulations was increased—

(a) in the case of officers of the Naval Forces or Military Forces—on and from the ninth day of October, 1970; and

(b)in the case of officers of the Air Force—on and from the eighth day of October, 1970,

and was again increased on and from the first day of January, 1971 :

AND WHEREAS the pay of members described in the table in sub-regulation (3.) of regulation 6 of these Regulations was increased—

(a)in the case of members of the Naval Forces or Military Forces—on and from the twenty-fifth day of September, 1970; and

(b)in the case of members of the Air Force—on and from the twenty-fourth day of September, 1970,

and was again increased—

(c) in the case of members of the Naval Forces or Military Forces—on and from the eighteenth day of December, 1970; and

(d)in the case of members of the Air Force—on and from the seventeenth day of December, 1970,

and was again increased on and from the first day of January, 1971:

AND WHEREAS the pay of members described in the table in sub-regulation (5.) of regulation 6 of these Regulations, other than members described in the table in sub-regulation (3.) of that regulation, was increased—

(a)in the case of members of the Naval Forces or Military Forces—on and from the eighteenth day of December, 1970; and

* Notified in the Commonwealth Gazette on 1971.

19315/71—Price 10c 10/23.9.1971

(b)in the case of members of the Air Force—on and from the seventeenth day of December, 1970,

and was again increased on and from the first day of January, 1973:

AND WHEREAS the pay of female medical officers or dental officers who were serving in the Military Forces and held the rank of Colonel or Lieutenant-Colonel was increased on and from the nineteenth day of December, 1969, was again increased on and from the ninth day of October, 1970, and was again increased on and from the first day of January, 1971:

AND WHEREAS the pay of female medical officers or dental officers who were serving in the Military Forces and held the rank of Major or Captain was increased on and from the nineteenth day of December, 1969, was again increased on and from the eleventh day of September, 1970, was again increased on and from the ninth day of October, 1970, and was again increased on and from the first day of January, 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 rate of pay” in subsection (1) of section 4 of the Defence Forces Retirement Benefits Act 1948-1969 or of that Act as subsequently amended.

Dated this twenty-eighth day of October, 1971.

Paul Hasluck

Governor-General.

By His Excellency's Command,

Minister of State for the Army for and on behalf of the Treasurer.

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-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.”.

Prescribed daily rate— members of the Military Forces.

2.—(I.) Regulation 7 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 Military Financial Regulations shall be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.”.

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

(a)by omitting from paragraph (a) of sub-regulation (4.) the word “or” (last occurring); and

  Statutory Rules 1971, No. 92, as amended by Statutory Rules 1971, No. 93.

(b)by inserting in sub-regulation (4.), after paragraph (a), the following paragraph:—

“(aa) in the case of a female officer in receipt of pay in accordance with sub-regulation (3.) of regulation 12d of the Military Financial Regulations—the rate per day specified in that sub-regulation; or ”,

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-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.”.

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 5 to 12 (inclusive) and inserting in their stead the following items:—

“5. Sub-Lieutenant (Undergraduate)	Lieutenant (Undergraduate) during medical course or final year of any other course	Pilot Officer (Student) during medical course or final year of any other course	7.54
6.........................................	Royal Military College Cadet undergoing fourth year training	Air Cadet undergoing fourth year training at the Air Force Academy	7.54
7..........................................	Royal Military College Cadet undergoing third year training	Air Cadet undergoing third year training at the Air Force Academy	7.20
Air Cadet undergoing final year training otherwise than at the Air Force Academy
8. Cadet Midshipman (other than a Cadet Midshipman described in item 9 or 12)	Royal Military College Cadet undergoing first or second year training	Air Cadet undergoing first or second year training at the Air Force Academy	6.85
........................................	Air Cadet undergoing second or third year training of a four-year course, or first or second year training of a three year course, otherwise than at the Air Force Academy
9. Cadet Midshipman Junior Entry undergoing second year training	.......................................	Air Cadet undergoing first year training of a four year course otherwise than at the Air Force Academy	5.56
10. Acting Sub-Lieutenant (Undergraduate)	Any other Lieutenant (Undergraduate)	Any other Pilot Officer (Student)	7.20
11. Midshipman (Undergraduate)	.......................................	.............................	6.85
12. Cadet Midshipman Junior Entry undergoing first year training	.......................................	.............................	4.01”.

(2.) Part III. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 19, 20 and 21 and inserting in their stead the following items:—

“19. Commodore or Captain (Special Rate)	Brigadier	Air Commodore	41.39
20. Surgeon Captain..............	Colonel.......................	Group Captain...........	40.82
21. Surgeon Commander.......	Lieutenant-Colonel....	Wing Commander.....	37.75”.

(3.) The Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by adding at the end thereof the following Part:—

“Part V.

Female Medical and Dental Officers

28...........................................	Colonel..............................	Group Officer.........................................	39.65
29...........................................	Lieutenant-Colonel...........	Wing Officer.........................................	36.58”

Application.

5.—(1.) Regulations 1, 3 and 4, and sub-regulation (1.) of regulation 2, of these Regulations have effect, and shall be deemed to have taken effect, in relation to members of the Naval Forces, the Military Forces and the Air Force included in a class of members specified in the next succeeding sub-regulation, from and including the first day of January, 1971.

(2.) For the purpose of the last preceding sub-regulation, the classes of members are—

(a)male medical officers and dental officers;

(b)female medical officers and dental officers; and

(c) officers the descriptions applicable to whom are referred to in items 5 to 12 (inclusive) of Part I. of the Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations.

(3.) Sub-regulation (2.) of regulation 2 of these Regulations has effect, and shall be deemed to have taken effect, in relation to female members of the Military Forces in receipt of pay in accordance with sub-regulation (3.) of regulation 12d of the Military Financial Regulations, from and including the second day of September, 1971.

Special daily rate of pay— male officers.

6.—(1.) For the purpose of the definition of “daily rate of pay” in subsection (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1970, the maximum daily rate of active pay of a male medical officer or dental officer holding a rank specified in the following table, in respect of service during the period from and including—

(a) in the case of officers of the Naval Forces or the Military Forces—the ninth day of October, 1970; or

(b) in the case of officers of the Air Force—the eighth day of October, 1970,

to and including the thirty-first day of December, 1970, is the rate specified in the fourth column of that table opposite to the rank held by the officer.

Rank of officers of the Naval Forces	Rank of officers of the Military Forces	Rank of officers of the Air Force	Maximum daily rate of active pay
$
Squadron Captain..................	Colonel..............................	Group Captain...................	38.52
Surgeon Commander.............	Lieutenant-Colonel...........	Wing Commander.............	35.61
Surgeon Lieutenant-Commander....................	Major.................................	Squadron Leader...............	29.75
Surgeon Lieutenant................	Captain..............................	Flight Lieutenant...............	25.16

(2.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect-—

(a) in relation to members of the Naval Forces or the Military Forces referred to in that sub-regulation—from and including the ninth day of October, 1970; and

(b)in relation to members of the Air Force referred to in that sub-regulation—from and including the eighth day of October, 1970.

(3.) For the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1970, the maximum daily rate of active pay of a member of the Naval Forces, Military Forces or Air Force described in the following table, in respect of service during the period—

(a) in the case of members of the Naval Forces or Military Forces— from and including the twenty-fifth day of September, 1970, to and including the seventeenth day of December, 1970; or

(b)in the case of members of the Air Force—from and including the twenty-fourth day of September, 1970, to and including the sixteenth day of December, 1970,

is the rate specified in the fourth column of that table opposite to the description of the member.

Description of officers of the Naval Forces	Description of officers of the Military Forces	Description of officers of the Air Force	Maximum daily rate of active pay
$
Acting Sub-Lieutenant (Undergraduate)	Lieutenant (Undergraduate) not being a Lieutenant (Undergraduate) during medical course or final year of any other course	Pilot Officer (Student) not being a Pilot Officer (Student) during medical course or final year of any other course	6.32
Midshipman (Undergraduate)	..........................................	..........................................	5.95

(4.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or Military Forces— from and including the twenty-fifth day of September, 1970; and

(b)in relation to members of the Air Force—from and including the twenty-fourth day of September, 1970.

(5.) For the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1970, the maximum daily rate of active pay of a member of the Naval Forces, Military Forces or Air Force described in the following table, in respect of service during the period—

(a) in the case of members of the Naval Forces or Military Forces— from and including the eighteenth day of December, 1970; or

(b)in the case of members of the Air Force—from and including the seventeenth day of December, 1970,

to and including the thirty-first day of December, 1970, is the rate specified in the fourth column of that table opposite to the description of the member.

Description of officers of the Naval Forces	Description of officers of the Military Forces	Description of officers of the Air Force	Maximum daily rate of active pay
$
1. Sub-Lieutenant (Undergraduate)	Lieutenant (Undergraduate) during medical course or final year of any other course	Pilot Officer (Student) during medical course or final year of any other course	7.04
2. ...........................................	Royal Military College Cadet undergoing fourth year training	Air Cadet undergoing fourth year training at the Air Force Academy	7.04

 

Description of officers of the Naval Forces	Description of officers of the Military Forces	Description of officers of the Air Force	Maximum daily rate of active pay
$
3.................................	Royal Military College Cadet undergoing third year training	Air Cadet undergoing third year training at the Air Force Academy	6.74
Air Cadet undergoing final year training otherwise than at the Air Force Academy
4. Cadet Midshipman (other than a Cadet Midship-man Junior Entry) undergoing first or second year training	Royal Military College Cadet undergoing first or second year training	Air Cadet undergoing first or second year training at the Air Force Academy	6.44
Air Cadet undergoing second or third year training of a four year course, or first or second year training of a three year course, otherwise than at the Air Force Academy
5. Cadet Midshipman Junior Entry undergoing second year training	...................................	Air Cadet undergoing first year training of a four year course otherwise than at the Air Force Academy	5.24
6. Acting Sub-Lieutenant (Undergraduate)	Any other Lieutenant (Undergraduate)	Any other Pilot Officer (Student)	6.74
7. Midshipman (Undergraduate)	...................................	...................................	6.44

Special daily rate of active pay—female medical and dental officers in the Military Forces.

7.—(1.) For the purpose of the definition of “daily rate of pay” in subsection (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1969 or of that Act as subsequently amended, the maximum daily rate of active pay of a female medical officer or dental officer who served in the Military Forces during the period from and including the nineteenth day of December, 1969, to and including the eighth day of October, 1970, is, in respect of her service during that period—

(a)if she held the rank of Colonel—Thirty-five dollars thirty-three cents per day; or

(b)if she held the rank of Lieutenant-Colonel—Thirty-two dollars fifty-eight cents per day.

(2.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect, from and including the nineteenth day of December, 1969.

(3.) For the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1969 or of that Act as subsequently amended, the maximum daily rate of active pay of a female medical officer or dental officer who served in the Military Forces during the period from and including the nineteenth day of December, 1969, to and including the tenth day of September, 1970, is, in respect of her service during that period—

(a)if she held the rank of Major—Twenty-six dollars eighty-one cents per day; or

(b) if she held the rank of Captain—Twenty-two dollars fifty-two cents per day.

(4.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect, from and including the nineteenth day of December, 1969.

(5.) For the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1970, the maximum daily rate of active pay of a female medical officer or dental officer who served in the Military Forces during the period from and including the eleventh day of September, 1970, to and including the eighth day of October, 1970, is, in respect of her service during that period—

(a) if she held the rank of Major—Twenty-seven dollars and six cents per day; or

(b)if she held the rank of Captain—Twenty-two dollars seventy-seven cents per day.

(6.) The last preceding sub-regulation has effect and shall be deemed to have taken effect, from and including the eleventh day of September, 1970.

(7.) For the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1970, the maximum daily rate of active pay of a female medical officer or dental officer who served in the Military Forces during the period from and including the ninth day of October, 1970, to and including the thirty-first day of December, 1970, is, in respect of her service during that period—

(a)if she held the rank of Colonel—Thirty-seven dollars thirty-four cents per day;

(b)if she held the rank of Lieutenant-Colonel—Thirty-four dollars forty-four cents per day;

(c) if she held the rank of Major—Twenty-eight dollars fifty-eight cents per day; or

(d)if she held the rank of Captain—Twenty-three dollars ninety-nine cents per day.

(8.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect, from and including the ninth day of October, 1970.

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