Defence Force (Papua New Guinea) Retirement Benefits Regulations (Amendment)

Legislation au C1974L00172 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 172

REGULATIONS UNDER THE DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Force (Papua New Guinea) Retirement Benefits Act 1973.

Dated this twenty-fourth day of September, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

Amendments of the Defence Force (Papua New Guinea) Retirement Benefits Regulations†

Daily rate of pay.

1. Regulation 5 of the Defence Force (Papua New Guinea) Retirement Benefits Regulations is amended—

(a) by omitting the table to sub-regulation (7) and substituting the following table:—

Column 1

Column 2

Length of Service in the Rank of Lieutenant

Daily Rate of Pay

 

$

Less than one year .............................................

7.31

Not less than one year ...........................................

7.53

* Notified in the Australian Government Gazette on 25 September 1974.

† Statutory Rules 1974, No. 18.


(b) by omitting the table to sub-regulation (8) and substituting the following table:—

Column 1

Column 2

Classification and Length of Service in the Classification

Daily Rate of Pay

 

$

Chaplain, Third Class—

 

Less than one year ............................................

9.94

Not less than one year .........................................

11.01

Chaplain, Fourth Class—

 

Less than one year ............................................

9.23

Not less than one year .........................................

9.58

(c) by omitting sub-regulations (9) and (10) and substituting the following sub-regulations:—

“ (9) Subject to sub-regulations (10) and (11), the daily rate of pay applicable to a recruit is—

(a) in the case of a recruit who has less than six months’ service—$2.39;

(b) in the case of an unmarried recruit who is not more than nineteen years of age and has not less than six months’ but less than one year’s service—$2.50;

(c) in the case of an unmarried recruit who is not more than nineteen years of age and has not less than one year’s but less than two years’ service—$2.64;

(d) in the case of an unmarried recruit who is aged twenty years and has not less than six months’ but less than two years’ service—$2.64; or

(e) in the case of any other recruit—$2.78.

“ (10) The daily rate of pay applicable to a member who is an apprentice and who is undergoing training in Papua New Guinea is—

(a) where the member is unmarried, has not attained nineteen years of age and has served as an apprentice for less than one year—$2.50;

(b) where the member is unmarried, has not attained twenty-one years of age and has served as an apprentice for less than two years—$2.64; or

(c) in any other case—$2.78.”; and

(d) by omitting the table to sub-regulation (11) and substituting the following table:—

Column 1

Column 2

Length of Service as Apprentice

Daily Rate of Pay

 

 $

First year of training ............................................

1.71

Second year of training ..........................................

1.99

Third year of training ...........................................

2.92

Fourth year of training ...........................................

3.22


Schedules 1 to 5 (inclusive).

2. Schedules 1 to 5 (inclusive) of the Defence Force (Papua New Guinea) Retirement Benefits Regulations are repealed and the following Schedules substituted:—

“SCHEDULE 1 Regulation 5

Officers other than Dental Officers and Chaplains

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

Midshipman .....................

Second Lieutenant—

4.57

Acting Sub-Lieutenant ..............

Under 1 year ...................

6.87

Sub-Lieutenant—

 

 

Under 1 year ...................

1 year .......................

7.09

1 year .......................

2 years ......................

7.31

Lieutenant—

Lieutenant—

 

Under 1 year ...................

Under 1 year ...................

8.41

1 year .......................

1 year .......................

8.68

2 years ......................

2 years ......................

8.95

 

Captain—

 

3 years ......................

Under 1 year ...................

9.23

4 years ......................

1 year .......................

9.58

5 years ......................

2 years ......................

9.94

Lieutenant Commander—

Major—

 

Under 1 year ...................

Under 1 year ...................

11.01

1 year .......................

1 year .......................

11.37

2 years ......................

2 years ......................

11.86

3 years ......................

3 years ......................

12.35

4 years ......................

4 years ......................

12.85

Commander—

Lieutenant Colonel—

 

Under 1 year ...................

Under 1 year ...................

15.86

1 year .......................

1 year .......................

16.49

Captain ........................

Colonel ........................

19.01

Commodore .....................

Brigadier .......................

19.64

“ SCHEDULE 2 Regulation 5

Enlisted Members Included in a Class of Members to which Table 1 of the Third Schedule to the Naval Regulations or to which Table 1 of the Second Schedule to the Military Regulations Applies

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

Able Seaman—

Private—

 

Under 1 year ...................

Under 1 year ...................

2.86

1 year .......................

1 year .......................

2.97

2 years ......................

2 years ......................

3.08

3 years ......................

3 years ......................

3.19

4 years ......................

4 years ......................

3.30

5 years ......................

5 years ......................

3.50

 

Lance Corporal—

 

 

Under 1 year ...................

4.04

 

1 year .......................

4.21

Leading Seaman—

Corporal—

 

Under 1 year ...................

Under 1 year ...................

4.39

1 year .......................

1 year .......................

4.57

2 years ......................

2 years ......................

4.75


“ SCHEDULE 3 Regulation 5

Enlisted Members Included in a Class of Members to which Table 2 of the Third SchedulE to the Naval Regulations or to Which Table 2 of the Second Schedule to the Military Regulations Applies

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

Able Seaman—

Private—

 

Under 1 year ...................

Under 1 year

3.19

1 year .......................

1 year .......................

3.30

2 years ......................

2 years ......................

3.50

3 years ......................

3 years ......................

3.68

4 years ......................

4 years ......................

3.86

5 years ......................

5 years ......................

4.04

 

Lance Corporal—

 

 

Under 1 year ...................

4.21

 

1 year .......................

4.39

Leading Seaman—

Corporal—

 

Under 1 year ...................

Under 1 year ...................

4.57

1 year .......................

1 year .......................

4.75

2 years ......................

2 years ......................

4.93

Petty Officer—

Sergeant—

 

Under 1 year ...................

Under 1 year ...................

5.10

1 year .......................

1 year .......................

5.28

2 years ......................

2 years ......................

5.46

 

Staff Sergeant—

 

 

Under 1 year ...................

5.64

 

1 year .......................

5.82

 

2 years ......................

6.00

Chief Petty Officer—

Warrant Officer, Class 2—

 

Under 1 year ...................

Under 1 year ...................

6.21

1 year .......................

1 year .......................

6.43

 

Warrant Officer, Class 1—

 

 

Under 1 year ...................

6.65

 

1 year .......................

6.87

“ SCHEDULE 4 Regulation 5

Enlisted Members Included in a Class of Members to which Table 3 of the Third Schedule to the Naval Regulations or to which Table 3 of the Second Schedule to the Military Regulations Applies

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

Able Seaman—

Private—

 

Under 1 year ...................

Under 1 year ...................

3.68

1 year .......................

1 year .......................

3.86

2 years ......................

2 years ......................

4.04

3 years ......................

3 years ......................

4.21

 

Lance Corporal—

 

 

Under 1 year ...................

4.39

 

1 year .......................

4.57

Leading Seaman—

Corporal—

 

Under 1 year ...................

Under 1 year ...................

4.75

1 year .......................

1 year .......................

4.93

2 years ......................

2 years ......................

5.10

Petty Officer—

Sergeant—

 

Under 1 year ...................

Under 1 year ...................

5.28

1 year .......................

1 year .......................

5.46

2 years ......................

2 years ......................

5.64


Schedule 4continued

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

 

Staff Sergeant—

 

 

Under 1 year ...................

5.82

 

1 year .......................

6.00

 

2 years ......................

6.21

Chief Petty Officer— ...............

Warrant Officer, Class 2—

 

Under 1 year ...................

Under 1 year ...................

6.43

1 year .......................

1 year .......................

6.65

 

Warrant Officer, Class 1—

 

 

Under 1 year ...................

6.87

 

1 year .......................

7.09

“SCHEDULE 5 Regulation 5

Enlisted Members Included in a Class of Members to which Table 4 of the Third Schedule to the Naval Regulations or to which Table 4 of the Second Schedule to the Military Regulations Applies

Column 1

Column 2

Column 3

Naval Forces

Military Forces

Daily Rate of Pay

 

 

$

Able Seaman—

Private—

 

Under 1 year ...................

Under 1 year ...................

4.04

1 year .......................

1 year .......................

4.21

2 years ......................

2 years ......................

4.39

 

Lance Corporal—

 

 

Under 1 year ...................

4.57

 

1 year .......................

4.75

Leading Seaman—

Corporal—

 

Under 1 year ...................

Under 1 year ...................

4.93

1 year .......................

1 year .......................

5.10

2 years ......................

2 years ......................

5.28

Petty Officer—

Sergeant—

 

Under 1 year ...................

Under 1 year ...................

5.46

1 year .......................

1 year .......................

5.64

2 years ......................

2 years ......................

5.82

 

Staff Sergeant—

 

 

Under 1 year ...................

6.00

 

1 year .......................

6.21

 

2 years ......................

6.43

Chief Petty Officer (not including Chief Artificer)—

Warrant Officer, Class 2—

 

Under 1 year ...................

Under 1 year ...................

6.65

1 year .......................

1 year .......................

6.87

Chief Artificer—

Warrant Officer, Class 1—

 

Under 1 year ...................

Under 1 year ...................

7.09

1 year .......................

1 year .......................

7.31 ”.

Application.

3. The amendments effected by these Regulations have effect and shall be deemed to have taken effect from and including 5 July 1973.

Overview

Statutory Rules 1974 No. 172, titled "Regulations Under the Defence Force (Papua New Guinea) Retirement Benefits Act 1973," was enacted to establish and amend regulations concerning the retirement benefits for Defence Force personnel serving in Papua New Guinea. This legislative instrument was made by the Governor-General of Australia, acting on the advice of the Executive Council, and was designed to address the need for updated and structured provisions regarding the daily rates of pay for various ranks and classifications within the Defence Force. The Regulations were put into effect to ensure that the benefits are fairly distributed and reflective of the service length and rank of the personnel. The primary policy objective behind these Regulations is to provide a clear and consistent framework for the administration of retirement benefits, thereby ensuring that Defence Force members are adequately compensated for their service.

Scope and Application

The Defence Force (Papua New Guinea) Retirement Benefits Regulations 1974, made under the Defence Force (Papua New Guinea) Retirement Benefits Act 1973, apply to all members of the Australian Defence Force who were serving in Papua New Guinea and are entitled to retirement benefits. This includes officers and enlisted members of both the Naval Forces and Military Forces. The Regulations determine the daily rates of pay for these members, which vary according to their rank, length of service, and specific circumstances such as apprenticeship or age. The Regulations apply nationally across Australia and cover all members of the Defence Force who fall under their purview, without specific exclusions or exemptions as outlined in the legislation. The application of these Regulations can be further extended or modified through subordinate instruments, allowing for adjustments to the daily rates of pay as needed.

Key Provisions

The primary sections of the Defence Force (Papua New Guinea) Retirement Benefits Regulations 1974 concern the amendment of daily rates of pay for various categories of military personnel based on their rank and length of service. Specifically, Regulation 1 modifies the daily rates for lieutenants, chaplains, recruits, and apprentices in the Defence Force (Paragraphs 1(a)-(d)). Regulation 2 repeals and replaces Schedules 1 to 5, which detail daily rates of pay for officers, enlisted members, and apprentices, providing updated rates according to their length of service (Paragraphs 2 and 3). These regulations provide clear and specific guidelines for determining the daily rate of pay for each rank and length of service, ensuring that all relevant personnel are compensated appropriately. The Defence Force (Papua New Guinea) Retirement Benefits Regulations impose several obligations on the parties it governs. Firstly, it mandates that the Defence Force must adhere to the specified daily rates of pay outlined in the regulations for different ranks and lengths of service (Regulation 1). Secondly, the regulations require that these updated rates be applied retroactively from 5 July 1973 (Regulation 3). Additionally, the Defence Force must ensure accurate record-keeping and timely updates to the daily rates of pay as stipulated in the new schedules (Schedules 1 to 5). The Defence Force (Papua New Guinea) Retirement Benefits Regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, the failure to comply with the updated daily rates of pay could potentially lead to legal disputes or claims from affected personnel regarding underpayment. Such breaches could result in the Defence Force being liable for back pay, interest, and possibly additional compensation for any distress or inconvenience caused by the non-compliance. The Defence Force must, therefore, ensure strict adherence to the provisions of these regulations to avoid any legal ramifications or financial liabilities.

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Definitions & Interpretation
Daily Rate of Pay
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