Military Financial (Pacific Islanders) Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No. 97

REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*

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 Act 1903-1970.

Dated this twenty-second day of July, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders) Regulations

Certain determinations, &c., subject to the approval of the Treasurer.

1. Regulation 8 of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (1.) the words “the Schedule” and inserting in their stead the words “the First Schedule”.

Pay.

2.—(1.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the Table in sub-regulation (1.) and inserting in its stead the following Table:—

Rank and length of service in the rank	Rate per day
$
Brigadier—
With less than 1 year’s service in the rank...................................................................	14.56
With not less than 1 years’ service in the rank.............................................................	15.19
Colonel—
With less than 1 year’s service in the rank...................................................................	12.04
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	12.67
With not less than 2 years’ service in the rank.............................................................	13.30
Lieutenant-Colonel—
With less than 1 year’s service in the rank...................................................................	10.07
With not less than 1 year’s service in the rank.............................................................	10.56
Major—
With less than 1 year’s service in the rank...................................................................	7.93
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	8.29
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	8.65
With not less than 3 years’ service in the rank.............................................................	9.00
Captain—
With less than 1 year’s service in the rank...................................................................	7.11
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	7.39
Will not less than 2 years’ service in the rank..............................................................	7.66
Lieutenant—
With less than 1 year’s service in the rank...................................................................	6.46
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	6.67
With not less than 2 years’ service in the rank.............................................................	6.89
Second Lieutenant—
With less than 1 year’s service in the rank...................................................................	5.58
With not less than 1 year’s service in the rank but less than 2 years service in the rank	5.80
With not less than 2 years’ service in the rank.............................................................	6.02

* Notified in the Commonwealth Gazette on 1971.

Statutory Rules 1966, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; 1970, Nos. 6, 51, 120, 174 and 200; and 1971, No. 27.

15742/71—Price 10c 9/6.7.1971

(2.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting sub-regulations (2.), (2a.), (3.) and (3a.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who holds a rank specified in a Table in the Second Schedule to these Regulations (not being a member who is an apprentice or a recruit for the purpose of this regulation) is the rate specified in relation to his rank and his length of service in his rank in whichever of the Tables in the Second Schedule to these Regulations is applicable to the class of members in which he is included by virtue of a determination under the next succeeding sub-regulation.

“(3.) The Military Board shall determine the classes of members to which a Table in the Second Schedule to these Regulations applies.

“(3a.) The Military Board shall not determine as a class of members under the last preceding sub-regulation a class other than a class comprising the members who hold specified positions on the Establishment of the Military Forces.

“(3b.) In determining under sub-regulation (3.) of this regulation the classes of members to which a Table in the Second Schedule to these Regulations is to apply, the Military Board—

(a) shall have regard to relativities from time to time established, for purposes of pay, among corresponding classes of members of the Public Service; and

(b)shall have regard to the nature of the skills that members in a class are required to possess for the purpose of performing their duties and the nature of the skills that members engaged in other classes are required to possess for that purpose.

“(3c.) For the purpose of the’ last preceding sub-regulation, a class of members and a class of members of the Public Service shall be taken to be corresponding classes if the persons comprising those classes are required to exercise like skills in performing the duties of their positions or offices.

“(3d.) In the last two preceding sub-regulations, a reference to the Public Service shall be read as a reference to the Public Service referred to in section 30 of the Papua and New Guinea Act 1949-1971.

“(3e.) For the purpose of this regulation and the Second Schedule to these Regulations, a member who holds the rank of private shall, subject to the next succeeding sub-regulation, be taken to be a recruit until the expiration of the period of two years immediately following his enlistment in the Military Forces or until he qualifies in basic military skills in the tests in those skills conducted by the Military Forces, whichever last occurs.

“(3f.) Where, before a member would cease to be a recruit under the last preceding sub-regulation, the member is posted to a position on the Establishment of the Military Forces for the performance the duties of which skills other than military skills are required and the member possessed those skills upon his enlistment in the Military Forces, the member ceases to be a recruit for the purpose of this regulation upon being so posted.

“(3g.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is a recruit for the purpose of this regulation is—

(a) in the case of such a member who has less than six months’ service— Seventy-seven cents per day;

(b) in the case of a member who has not less than six months’ service but less than one year’s service—

(i) if he has not attained the age of twenty years and is unmarried—One dollar ten cents per day;

(ii) if he has attained the age of twenty years and is unmarried— One dollar twenty-one cents per day; or

(iii) in any other case—One dollar thirty-two cents per day;

(c) in the case of a member who has not less than one year’s service but less than two years’ service—

(i) if he has not attained the age of twenty years and is unmarried —One dollar twenty-one cents per day; or

(ii) in any other case—One dollar thirty-two cents per day; or

(d) in the case of a member who has not less than two years’ service— One dollar thirty-two cents per day.

“(3h.) For the purpose of sub-regulation (2.) of this regulation, a member (not being a member who is a recruit for the purpose of this regulation) who is on the Unallotted List shall be deemed to hold the position on the Establishment of the Military Forces that he held immediately before he was posted to the Unallotted List.

“(3j.) In ascertaining the rate at which pay is payable under sub-regulation (2.) of this regulation to a member who holds the rank of private, service of a member while he is a recruit for the purpose of this regulation shall be deemed not to be service of the member in the rank of private.

“(3k.) Where the rate at which pay was payable to a member immediately before the commencement of this regulation was higher than the rate at which pay is payable to him under this regulation, the rate at which pay is payable to a member is that higher rate.”.

(3.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (5.) the words “the table in sub-regulation (2.) of this regultaion” and inserting in their stead the words “Table 1 in the Second Schedule to these Regulations”.

Calculation of pay.

3. Regulation 10 of the Military Financial (Pacific Islanders) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) Where a member holding a particular rank and included in a class of members to which a Table in the Second Schedule to these Regulations applies becomes included in another class of members, being a class to which another Table in that Schedule applies, on a particular day (in this sub-regulation referred to as the relevant day) —

(a)the rate at which pay is payable to the member in respect of the relevant day is—

(i) if the rate specified in that other Table in relation to a member holding that rank and having less than one year’s service in that rank is higher than the rate (in this sub-regulation referred to as his previous rate) at which pay was payable to him immediately before the relevant day—the rate so specified; or

(ii) in any other case—the rate specified in that other Table, in relation to a member holding that rank, that is next higher than his previous rate; and

(b) for the purpose of ascertaining the rate at which pay is payable to him after the relevant day and while that other Table continues to apply to the class in which he is included, he shall be deemed—

(i) if he became, on the relevant day, entitled to be paid pay as provided in sub-paragraph (i) of the last preceding paragraph —to have commenced to serve in that rank on the relevant day; or

(ii) in any other case—the rate specified in that other Table, in provided in sub-paragraph (ii) of the last preceding paragraph —to have had, on the revelant day the minimum period of service in that rank that, but for this sub-regulation, would be necessary to entitle him to be paid pay at the rate referred to in that last-mentioned sub-paragraph.”.

4. Regulation 47ca of the Military Financial (Pacific Islanders) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The rate of pay of a member who holds the rank of Lieutenant-Colonel or a lower rank is the rate per day specified, in relation to his rank and, where relevant, his age, in the following Table:—

Rank and Age	Rate per day
$
Lieutenant-Colonel........................................................................................................	10.07
Major............................................................................................................................	7.93
Captain..........................................................................................................................	7.11
Lieutenant.....................................................................................................................	6.46
Second Lieutenant.........................................................................................................	5.58
Warrant Officer, Class 1.................................................................................................	5.36
Warrant Officer, Class 2.................................................................................................	4.92
Staff Sergeant................................................................................................................	4.35
Sergeant........................................................................................................................	3.81
Corporal........................................................................................................................	3.10
Lance Corporal..............................................................................................................	2.74
Private who has attained the age of 21 years....................................................................	1.32
Private who has not attained the age of 21 years...............................................................	0.77

First Schedule.

5. The Schedule to the Military Financial (Pacific Islanders) Regulations is amended by omitting the words “ THE SCHEDULE” and inserting in their stead the words—

“THE SCHEDULES

First Schedule”.

Second Schedule.

6. The Military Financial (Pacific Islanders) Regulations are amended by adding at the end thereof the following Schedule:—

SECOND SCHEDULE Regulation 9 (2.).

RATES OF PAY—MEMBERS, OTHER THAN OFFICERS, APPRENTICES AND

RECRUITS.

Table 1

Trained members

Rank and length of service in the rank	Rate per day
$
Corporal—
With less than 1 year’s service in the rank	3.10
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	3.28
With not less than 2 years’ service in the rank	3.46
Lance Corporal—
With less than 1 year’s service in the rank	2.74
With not less than 1 year’s service in the rank	2.92
Private—
With less than 1 year’s service in the rank	1.43
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	1.58
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	1.73
With not less than 3 years’ service in the rank but less than 4 years’ service in the rank	1.88
With not less than 4 years’ service in the rank but less than 5 years’ service in the rank	2.03
Will not less than 5 years’ service in the rank	2.21

Table 2

Members qualified at Lower Skilled Level

Rank and length of service in the rank	Rate per day
$
Warrant Officer, Class 1—
With less than 1 year’s service in the rank.....................................................................	5.36
With not less than 1 year’s service in the rank...............................................................	5.58
Warrant Officer, Class 2—
With less than 1 year’s service in the rank.....................................................................	4.92
With not less than 1 year’s service in the rank...............................................................	5.14
Staff Sergeant—
With less than 1 year’s service in the rank.....................................................................	4.35
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank...	4.52
With not less than 2 years’ service in the rank...............................................................	4.70
Sergeant—
With less than 1 year’s service in the rank.....................................................................	3.81
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank...	3.99
With not less than 2 years’ service in the rank...............................................................	4.17
Corporal—
With less than 1 year’s service in the rank.....................................................................	3.28
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank...	3.46
With not less than 2 years’ service in the rank...............................................................	3.63
Lance Corporal—
With less than 1 year’s service in the rank.....................................................................	2.92
With not less than 1 year’s service in the rank...............................................................	3.10
Private—
With less than 1 year’s service in the rank.....................................................................	1.88
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank...	2.03
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank...	2.21
With not less than 3 years’ service in the rank but less than 4 years’ service in the rank...	2.39
With not less than 4 years’ service in the rank but less than 5 years’ service in the rank...	2.57
With not less than 5 years’ service in the rank...............................................................	2.74

Second Schedule—continued

Table 3

Members qualified at Skilled Level

Rank and length of service in the rank	Rate per day
$
Warrant Officer, Class 1—
With less than 1 year’s service in the rank.....................................................................	5.58
With not less than 1 year’s service in the rank...............................................................	5.80
Warrant Officer, Class 2—
With less than 1 year’s service in the rank.....................................................................	5.14
With not less than 1 year’s service in the rank...............................................................	5.36
Staff Sergeant—
With less than 1 year’s service in the rank.....................................................................	4.52
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	4.70
With not less than 2 years’ service in the rank...............................................................	4.92
Sergeant—
With less than 1 year’s service in the rank.....................................................................	3.99
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	4.17
With not less than 2 years’ service in the rank...............................................................	4.35
Corporal—
With less than 1 year’s service in the rank.....................................................................	3.46
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	3.63
With not less than 2 years’ service in the rank...............................................................	3.81
Lance Corporal—
With less than 1 year’s service in the rank.....................................................................	3.10
With not less than 1 year’s service in the rank...............................................................	3.28
Private—
With less than 1 year’s service in the rank.....................................................................	2.39
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	2.57
With not less than 2 years’ service in the rank but less than 3 years’ service in the rank	2.74
With not less than 3 years’ service in the rank...............................................................	2.92

Table 4

Members qualified at Higher Skilled Level

Rank and length of service in the rank	Rate per day
$
Warrant Officer, Class 1—
With less than 1 year’s service in the rank.....................................................................	5.80
With not less than 1 year’s service in the rank...............................................................	6.02
Warrant Officer, Class 2—
With less than 1 year’s service in the rank.....................................................................	5.36
With not less than 1 year’s service in the rank...............................................................	5.58
Staff Sergeant—
With less than 1 year’s service in the rank.....................................................................	4.70
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

4.92
With not less than 2 years’ service in the rank...............................................................	5.14
Sergeant—
With less than 1 year’s service in the rank.....................................................................	4.17
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	4.35
With not less than 2 years’ service in the rank...............................................................	4.52
Corporal—
With less than 1 year’s service in the rank.....................................................................	3.63
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	3.81
With not less than 2 years’ service in the rank...............................................................	3.99
Lance Corporal—
With less than 1 year’s service in the rank.....................................................................	3.28
With not less than 1 year’s service in the rank...............................................................	3.46
Private—
With less than 1 year’s service in the rank.....................................................................	2.74
With not less than 1 year’s service in the rank but less than 2 years’ service in the rank	2.92
With not less than 2 years’ service in the rank...............................................................	3.10

Transitional.

7.—(1.) The rates of pay specified in sub-regulation (1.) of regulation 47ca of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations apply to and in relation to service of a member of the Papua and New Guinea Volunteer Rules who is a Pacific Islander, other than a member who is a chaplain, on and after the twenty-fifth day of June, 1970.

(2.) In the next succeeding sub-regulation—

“the commencing day” means the twenty-fifth day of June, 1970;

“the relevant period” means the period from and including the com-commencing day to and including the day immediately before the commencement of these Regulations, or any part of that period.

(3.) Where an amount equal to the sum of any amounts that would have been payable to a member in respect of his service during the relevant period by way of pay and special allowance and, in the case of a member other than an officer, family needs allowance if—

(a)the amendments of the Military Financial (Pacific Islanders) Regulations effected by these Regulations had come into operation on the commencing day;

(b) the first determination made by the Military Board for the purpose of sub-regulation (3.) of regulation 9 of those Regulations as amended by these Regulations had been made on the commencing day;

(c) special allowance had been payable throughout the relevant period in accordance with the rates, for the purpose and subject to the conditions applicable to the payment of that allowance immediately after the commencement of these Regulations; and

(d)family needs allowance had been payable throughout the relevant period in accordance with the rate or rates applicable to the payment of that allowance immediately after the commencement of these Regulations,

exceeds the amount equal tothe sum of any amounts paid or payable to him in respect of that service by way of—

(e) pay;

(f) additional pay under regulation 2 of Statutory Rules 1970, No. 200;

(g) special allowance; and

(h) in the case of a member other than an officer—family needs allowance,

the member is entitled to be paid an amount equal to the excess as additional pay.

Printed by Authority by the Government Printer of the Commonwealth of Australia