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

Legislation au C1974L00234 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 234

REGULATIONS UNDER THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973-1974.*

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 1973-1974.

Dated this fourth day of December, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

Amendments of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations†

Schedule 3.

1. (1) Schedule 3 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is repealed and the following Schedule substituted:—

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 .....

15,910

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

15,499

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 8 years’ service in that classification

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

14,678

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

13,038

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

Chaplain, Fourth Class

Chaplain with less than 4 years’ service as a Chaplain

11,300

* Notified in the Australian Government Gazette on 6 December 1974.

† Statutory Rules 1973, No. 188, as amended by Statutory Rules 1973, No. 261; and 1974, Nos. 14 and 161.

(2) Sub-regulation (1) has effect from and including, and shall be deemed to have taken effect on—

(a) in relation to members of the Naval Forces or the Military Forces the descriptions applicable to whom are set out in Schedule 3 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by that sub-regulation—12 July 1974; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in that Schedule—11 July 1974.

Schedule 4.

2. (1) Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is repealed and the following Schedule substituted:—

SCHEDULE 4 Regulation 4 (8)

Members Undergoing Training

Item No.

Training Capacities

Annual pay

 

 

$

1

Normal Entry Recruits during basic recruit training

5,090

2

Trainees, including Seamen in the Naval Forces who have attained the age of 17 years and who have not completed their category training—

 

 

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

5,321

 

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

6,113

3

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

 

 

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

3,352

 

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

3,352

 

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

4,571

 

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

5,363

4

Seamen in the Naval Forces who have not attained the age of 17 years and Junior Recruits in those Forces

2,543

5

Royal Military College Cadets, Air Cadets at the Air Force Academy and subordinate officers (that is to say, officers of the Naval Forces who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of Senior Entry—

 

 

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

4,146

 

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

4,146

 

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

4,620

 

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

5,092

 

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

5,565

 

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

6,039

6

Subordinate officers (that is to say, officers of the Naval Forces who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of Junior Entry—

 

 

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

2,826

 

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

3,249

 

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

4,146

 

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

4,146

 

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

4,620

 

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

5,092

7

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

 

 

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

4,146

 

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

4,620

 

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

5,092

8

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

 

 

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

3,249

 

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

4,146

 

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

4,146

 

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

4,620

9

Male Officer Trainees—

 

 

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

4,620

 

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

5,092

Item No.

Training Capacities

Annual pay

 

 

$

10

Female Officer Trainees—

3,696

 

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

4,074

11

Members of the Naval Forces, other than Members referred to in another item of this Schedule, who hold the rank of Midshipman (Supplementary List)—

 

 

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

4,620

 

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

5,092

(2) Sub-regulation (1) has effect from and including, and shall be deemed to have taken effect on—

(a) in relation to members of the Naval Forces or the Military Forces the descriptions applicable to whom are set out in Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by that sub-regulation—31 May 1974; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in that Schedule—30 May 1974.

Special daily rate of pay—members undergoing training.

3. (1) For the purposes of the definition of “ annual rate of pay ” in subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973, the annual pay of a member of the Defence Force referred to in the following table in respect of service—

(a) in the case of a member of the Naval Forces or the Military Forces—on a day during the period from and including 19 April 1974 to and including 30 May 1974; or

(b) in the case of a member of the Air Force—on a day during the period from and including 18 April 1974, to and including 29 May 1974,

is the rate specified in the third column of that table opposite to the description of the member:—

Item No.

Training Capacities

Annual pay

 

 

$

1

Normal Entry Recruits during basic recruit training

4,877

2

Trainees, including Seamen in the Naval Forces who have attained the age of 17 years and who Slave not completed their category training—

 

 

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

5,135

 

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

5,895

3

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

 

 

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

3,216

 

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

3,216

 

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

4,385

 

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

5,145

4

Seamen in the Naval Forces who have not attained the age of 17 years and Junior Recruits in those Forces

2,445

5

Royal Military College Cadets, Air Cadets at the Air Force Academy and subordinate officers (that is to say, officers of the Naval Forces who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of Senior Entry—

 

 

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

3,987

 

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

3,987

 

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

4,442

 

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

4,896

 

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

5,351

 

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

5,807

 


Item No.

Training Capacities

Annual pay

 

 

$

6

Subordinate officers (that is to say, officers of the Naval Forces who hold the rank of Acting Sub-Lieutenant or a lower rank) who entered the Royal Australian Naval College by way of Junior Entry—

 

 

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

2,717

 

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

3,124

 

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

3,987

 

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

3,987

 

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

4,442

 

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

4,896

7

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

 

 

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

3,987

 

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

4,442

 

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

4,896

8

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

 

 

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

3,124

 

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

3,987

 

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

3,987

 

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

4,442

9

Male Officer Trainees—

 

 

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

4,442

 

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

4,896

10

Female Officer Trainees—

3,554

 

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

3,917

11

Members of the Naval Forces, other than Members referred to in another item of this Schedule, who hold the rank of Midshipman (Supplementary List)—

 

 

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

4,442

 

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

4,896

(2) Sub-regulation (1) has effect from and including, and shall be deemed to have taken effect on—

(a) in relation to members of the Naval Forces or the Military Forces the descriptions applicable to whom are set out in Schedule 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by sub-regulation 2 (1) of these Regulations—19 April 1974; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in that Schedule—18 April 1974.

Overview

Statutory Rules 1974 No. 234, made under the Defence Force Retirement and Death Benefits Act 1973-1974, aims to update the annual rates of pay for Defence Force members. Enacted by the Governor-General of Australia, acting with the advice of the Executive Council, the primary objective of these regulations is to align the remuneration of Defence Force personnel with the evolving economic conditions and service requirements, ensuring fair and timely compensation for their dedicated service. The regulations provide specific annual pay rates for various categories of Defence Force members, including chaplains and trainees, reflecting their years of service and training levels, thereby addressing the need for updated financial provisions within the Defence Force Retirement and Death Benefits framework.

Scope and Application

The Statutory Rules 1974 No. 234, which are regulations under the Defence Force Retirement and Death Benefits Act 1973-1974, primarily concern the annual rates of pay for members of the Australian Defence Force, including the Naval Forces, Military Forces, and Air Force. These regulations apply to current and former members of the Australian Defence Force, with specific attention given to various categories of service members, including chaplains and those undergoing training. The regulations outline the annual and daily rates of pay for these members based on their rank, years of service, and the nature of their training. Geographically, these regulations apply throughout Australia as they are federal regulations. There are no stated exclusions or exemptions in these particular regulations, but it is important to note that the regulations may be subject to amendments through subordinate instruments, which could introduce changes to the rates of pay or the categories of service members covered.

Key Provisions

The primary sections of the Regulations under the Defence Force Retirement and Death Benefits Act 1973-1974 (C1974L00234) involve the amendment of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, specifically the substitution of new schedules for Schedule 3 and Schedule 4. Schedule 3 pertains to the annual rates of pay for chaplains, detailing their remuneration based on years of service, while Schedule 4 details the annual rates of pay for various categories of members undergoing training, such as recruits, trainees, and cadets. These schedules provide the financial framework for the compensation of military personnel based on their roles and the duration of their service. These regulations impose clear obligations on the Defence Force, requiring them to adhere to the specified pay rates for chaplains and training personnel as outlined in the updated schedules. The Defence Force must ensure that these rates are applied correctly and consistently to eligible members, reflecting their service status and the duration of their training or career. The Defence Force is also mandated to make the necessary adjustments to payroll systems to accommodate these new pay rates, ensuring that all affected personnel receive the appropriate compensation in line with the regulations. Failure to comply with these regulations can result in significant consequences. While the specific offences and penalties are not detailed within the provided excerpt, it is likely that non-compliance could lead to administrative penalties, legal action, or other disciplinary measures. The Defence Force could face financial liabilities if it fails to accurately apply the pay rates, and personnel who are underpaid could seek redress through legal channels. The precise penalties would depend on the nature and severity of the breach, but the potential for financial and reputational damage to the Defence Force is considerable.

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