Defence force Retirement and Death Benefits (Annual Rates of Pay) Regulations

Legislation au C1973L00188 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules

1973 No. 188

REGULATIONS UNDER THE DEFENCE FORCE RETIREMENT AND DEATH 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 Retirement and Death Benefits Act 1973.

Dated this twentieth day of September, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS

Citation.

1. These Regulations may be cited as the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.

Interpretation.

2. In these Regulations, “ the Act ” means the Defence Force Retirement and Death Benefits Act 1973.

Annual rate of pay in respect of period from 1st October, 1972, to 8th or 9th February, 1973.

3. (1) This regulation applies for the purposes of the definition of “ annual rate of pay ” in sub-section 3 (1) of the Act.

(2) In this regulation a reference to a particular day is a reference to a particular day during the period from and including 1st October, 1972, to and including—

(a) in the case of a member of the Air Force—7th February, 1973; or

(b) in the case of a member of the Naval Forces or the Military Forces—8th February, 1973.

(3) Subject to sub-regulation (5), the annual pay applicable on a particular day to a member of the Defence Force is the amount ascertained by multiplying an amount equal to the daily rate of pay applicable to the member on that day by three hundred and sixty-five.

(4) For the purposes of sub-regulation (3), the daily rate of pay applicable to a member of the Defence Force on a particular day is the daily rate of pay, within the meaning of sub-section 4 (1) of the Defence Forces Retirement Benefits Act 1948-1971, of that member on that day.

* Notified in the Australian Government Gazette on 27 September 1973.

(5) The annual pay applicable on a particular day to a member of the Defence Force, the description applicable to whom is referred to in Schedule 1, is the annual pay specified in column 4 of Schedule 1 opposite to the description of the member referred to in column 1, column 2 or column 3, as the case may be, of that Schedule.

Annual rate of pay on or after 8th or 9th February, 1973.

4. (1) This regulation applies for the purposes of the definition of “ annual rate of pay ” in sub-section 3 (1) of the Act.

(2) In this regulation a reference to a particular day is a reference to a particular day—

(a) in the case of a member of the Air Force—on or after 8th February, 1973;

(b) in the case of a member of the Naval Forces or the Military Forces—on or after 9th February, 1973.

(3) Where, under the Defence Force (Salaries) Regulations, different annual rates of salary for a member holding a specified rank are prescribed according to the number of years of service that a member holding that rank has completed, the annual rate of salary under those Regulations of a member who holds that rank shall, for the purposes of sub-regulation (4), be deemed to be the annual rate of salary payable to a member who has completed the longer or longest period of service that is specified in those Regulations in relation to a member holding that rank.

(4) Subject to sub-regulations (5), (6), (7), (8) and (9), the annual pay applicable to a member of the Defence Force on a particular day is the amount ascertained by adding Seven hundred and fifty dollars to an amount equal to the amount of the annual rate of salary of the member under the Defence Force (Salaries) Regulations on that day.

(5) The annual pay applicable on a particular day to a member of the Defence Force, the description applicable to whom is referred to in Schedule 2, is the annual pay specified in column 4 of Schedule 2 opposite to the description of the member referred to in column 1, column 2 or column 3, as the case may be, of that Schedule.

(6) The annual pay applicable on a particular day to a member of the Defence Force referred to in paragraph 10 (2) (b) of the Defence Force (Salaries) Regulations is an amount equal to the amount of annual rate of salary of the member under those Regulations on that day.

(7) The annual pay applicable on a particular day to a member of the Defence Force who is a Chaplain, the description applicable to whom is referred to in Schedule 3, is the annual pay specified in column 4 of Schedule 3 opposite to the description of the member referred to in column 1, column 2 or column 3, as the case may be, of that Schedule.

(8) Subject to sub-regulation (9), the annual pay applicable on a particular day to a member of the Defence Force who is undergoing training in a capacity specified in Schedule 4 to these Regulations is the amount specified in that Schedule for the capacity in which he is being trained and, where appropriate, the year of the course of training that he is undergoing.

(9) Where service allowance is payable under the Defence Force (Salaries) Regulations to a member referred to in item 3 or item 4 of Schedule 4, the annual pay applicable on a particular day to the member shall be an amount ascertained by adding Seven hundred and fifty dollars to the amount specified in that Schedule for the capacity in which he is being trained and, where appropriate, the year of the course of training that he is undergoing.


(10) Notwithstanding sub-regulations (4), (5), (6), (7), (8) and (9), where the annual pay applicable on a particular day to a member of the Defence Force under sub-regulation (4), (5), (6), (7), (8) or (9) is less than the annual pay applicable to that member under sub-regulation 3 (3) or 3 (5) —

(a) in the case of a member of the Air Force—on 7th February, 1973; or

(b) in the case of a member of the Naval Forces or the Military Forces—on 8th February, 1973,

the annual pay applicable to that member on that particular day shall be deemed to be the annual pay applicable to that member under sub-regulation 3 (3) or 3 (5) on 7th or 8th February, 1973, as the case may be.

Application.

5. These Regulations shall be deemed to have taken effect from and including 1st October, 1972.

SCHEDULE 1 Regulation 3 (5)

Column 1

Column 2

Column 3

Column 4

Naval Forces

Military Forces

Air Force

Annual Pay

 

 

 

$

Officers who hold specified Ranks

1. Admiral (Chairman, Chiefs of Staff Committee)

General (Chairman, Chiefs of Staff Committee)

Air Chief Marshal (Chairman, Chiefs of Staff Committee)

20,800

2. Vice-Admiral (The First Naval Member of the Naval Board)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

20,150

3. Rear-Admiral ..........

Major-General .......

Air Vice-Marshal ......

18,995

4. Commodore ...........

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

Air Commodore .......

15,983

5. Captain to whom sub-regulation 15 (6) of the Naval Financial Regulations applies

................

.................

15,983

Male and Female Medical and Denial Officers

6. Rear-Admiral ..........

Major-General .......

Air Vice-Marshal ......

18,995

7. Commodore or Captain (Special Rate)

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

Air Commodore .......

17,489

8. Captain ..............

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

Group Captain ........

15,638

 

 

Group Officer

 

9. Commander ...........

Lieutenant-Colonel ....

Wing Commander ......

14,468

 

 

Wing Officer

 


SCHEDULE 2 Regulation 4 (5)

Officers who hold specified Ranks

Column 1

Column 2

Column 3

Column 4

Naval Forces

Military Forces

Air Force

Annual Pay

 

 

 

$

1. Admiral (Chairman, Chiefs of Staff Committee)

General (Chairman, Chiefs of Staff Committee)

Air Chief Marshal (Chairman, Chiefs of Staff Committee)

20,800

2. Vice-Admiral (The First Naval Member of the Naval Board)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

20,150

3. Rear-Admiral ..........

Major-General .......

Air Vice-Marshal ......

18,995

4. Commodore ...........

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

Air Commodore .......

15,983

5. Captain to whom sub-regulation 15 (6) of the Naval Financial Regulations applies

................

.................

15,983

SCHEDULE 3 Regulation 4 (7)

Chaplains

Column 1

Column 2

Column 3

Column 4

Naval Forces

Military Forces

Air Force

Annual Pay

 

 

 

$

1. ....................

Chaplain-General ......

Principal Air Chaplain ...

13,045

2. 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 as a Chaplain

12,659

3. 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 3 years’ service in that classification

Chaplain with less than 20 but not less than 12 years’ service as a Chaplain

11,947

4. 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 as a Chaplain

10,523

5. Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class ..

Chaplain with less than 4 years’ service as a Chaplain

9,035


SCHEDULE 4 Regulation 4 (9)

Members undergoing training

Item No.

Training Capacities

Annual Pay

 

 

$

1

Normal Entry Recruits during basic recruit training......................

3,750

2

Trainees, including Ordinary Seamen in the Naval Forces who have not completed their category training—

 

 

1st year ................................................

3,979

 

2nd and subsequent years ....................................

4,538

3

Junior Trainees, being Junior Musicians, Apprentice Musicians and other Apprentices—

 

 

1st year ................................................

2,368

 

2nd year ...............................................

2,368

 

3rd year ................................................

3,229

 

4th year ................................................

3,788

4

Junior Recruits in the Naval Forces—

 

 

1st year or 2nd year if under the age of 17 .........................

1,800

5

Royal Military College Cadets, Air Cadets at the Air Force Academy and Cadet Midshipmen who have entered the Royal Australian Naval College by way of Senior Entry—

 

 

1st year ................................................

2,935

 

2nd year ...............................................

2,935

 

3rd year ................................................

3,270

 

4th year ................................................

3,605

 

5th year ................................................

3,940

 

6th year ................................................

4,275

6

Cadet Midshipmen who have entered the Royal Australian Naval College by way of Junior Entry—

 

 

1st year ................................................

2,000

 

2nd year ...............................................

2,300

 

3rd year ................................................

2,935

 

4th year ................................................

2,935

 

5th year ................................................

3,270

 

6th year ................................................

3,605

7

Members, not being members referred to in items 5 and 6, undertaking degree courses—

 

 

with 3 years to graduation ....................................

2,935

 

with 2 years to graduation ....................................

3,270

 

in final year .............................................

3,605

8

Members of the Naval Forces, and Air Cadets not at the Air Force Academy, undertaking Diploma courses—

 

 

1st year ................................................

2,300

 

2nd year (or matriculation or equivalent entry) ......................

2,935

 

3rd year ................................................

2,935

 

4th year ................................................

3,270

9

Male Officer Trainees—

 

 

Officer Cadets (Army) and Aircrew Cadets (Air Force) .................

3,270

 

If completed degree course ...................................

3,605

10

 Female Officer Trainees .........................................

2,616

 

If completed degree course ...................................

2,884

11

Midshipmen (Supplementary List)—

 

 

1st year ................................................

3,270

 

2nd year ...............................................

3,605

 

Overview

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1973 were enacted to provide detailed guidelines on the annual rates of pay for members of the Australian Defence Force, as stipulated in the Defence Force Retirement and Death Benefits Act 1973. These regulations were made under the authority of the Governor-General of Australia, with the advice of the Executive Council, and were designed to address the need for specific annual rates of pay for different categories of Defence Force personnel. The objective of these regulations is to ensure that the annual rates of pay for Defence Force members are accurately calculated and consistently applied, reflecting the various ranks and roles within the military services. By setting out precise annual rates of pay, the regulations aim to provide clarity and fairness in the compensation structure for Defence Force members, thereby supporting the broader policy objective of maintaining the morale and effectiveness of the Australian Defence Force.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations were made under the Defence Force Retirement and Death Benefits Act 1973 and apply to the members of the Defence Force, including the Air Force, Naval Forces, and Military Forces. These regulations primarily determine the annual rates of pay applicable to Defence Force members during specific periods, from 1 October 1972 to 8 or 9 February 1973, and thereafter. The annual pay for members during these periods is calculated based on their daily rate of pay or their annual rate of salary as prescribed in the Defence Force (Salaries) Regulations. Certain members, such as chaplains and those undergoing training, have specific annual pay rates defined in schedules attached to the regulations. These regulations are deemed to have taken effect from 1 October 1972.

Key Provisions

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations establish the annual rates of pay for members of the Defence Force under the Defence Force Retirement and Death Benefits Act 1973 (the Act). Regulation 3 outlines the annual rates of pay for the period from 1 October 1972 to 8 February 1973, while Regulation 4 provides for the annual rates of pay on or after 8 February 1973. These regulations specify the annual pay for members based on their rank, years of service, and other factors detailed in the schedules. The Act and these Regulations impose specific obligations on the Defence Force members and the relevant authorities. Defence Force members must ensure their service records are accurately maintained to determine their correct pay rates as per the Regulations. The authorities must calculate and disburse the appropriate annual pay to members based on the provisions outlined in the Regulations. This includes verifying that the correct annual pay is applied according to the member's rank, years of service, and other relevant factors as specified in the schedules. Failure to comply with the provisions of these Regulations may result in legal consequences. Although the specific penalties are not detailed in the Regulations themselves, breaches of the Act or any related regulations could potentially lead to disciplinary action, financial penalties, or other civil or criminal sanctions as prescribed under the overarching Act. The precise nature and extent of these consequences would depend on the specific circumstances of the breach and the provisions of the Defence Force Retirement and Death Benefits Act 1973.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Annual rate of pay
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.