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

Legislation au C1978L00006 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 6

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

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973.

Dated this eighteenth day of January 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence

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

Schedules 2, 3 and 4

1. Schedules 2, 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:

SCHEDULE 2 Sub-regulation 4 (5)

OFFICERS WHO HOLD SPECIFIED RANKS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

Admiral (Chief of Defence Force Staff)

General (Chief of Defence Force Staff)

Air Chief Marshal (Chief of Defence Force Staff)

44,518

Vice-Admiral (Chief of Naval Staff)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

38,824

Rear-Admiral .......

Major-General ......

Air Vice-Marshal ......

32,203

Commodore ........

Brigadier ..........

Air Commodore .......

27,474

* Notified in the Commonwealth of Australia Gazette on 23 January 1978.

† Statutory Rules 1973, No. 188 as amended by Statutory Rules 1973, No. 261; 1974, Nos. 14, 161 and 234; 1975, Nos. 141 and 195; 1976, Nos, 42, 99, 160, 170, 196, 207 and 265; and 1977, Nos. 82, 98, 158 and 161.


SCHEDULE 3  Sub-regulation 4 (7)

CHAPLAINS

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

 

Chaplain-General ......

Principal Air Chaplain ...

21,575

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

21,032

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

19,948

Chaplain with less (ban 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

17,781

Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class ...

Chaplain with less than 4 years’ service as a Chaplain

15,487

SCHEDULE 4 Sub-regulation 4 (8

MEMBERS UNDERGOING TRAINING

Item

Training capacities

Annual pay

 

 

$

1

Normal entry recruits during basic training ..........................

7,325

2

Trainees, including sailors in the Navy who hold the rank of Seaman, who have attained the age of 17 years and who have not completed their category training—

 

 

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

7,505

 

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

8,641

3

Junior trainees, being junior musicians, apprentice musicians and other apprentices—

 

 

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

4,807

 

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

4,807

 

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

6,555

 

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

7,691

4

Sailors in the Navy who hold the rank of Seaman and who have not attained the age of 17 years and junior recruits in the Navy .. .. ..

3,646

5

Royal Military College cadets, air cadets at the Air Force Academy and subordinate officers (that is to say, officers of the Navy 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 ............................................

5,946

 

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

5,946

 

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

6,625

 

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

7,303

 

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

7,981

 

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

8,661

 


SCHEDULE 4—continued

MEMBERS UNDERGOING TRAINING—continued

Item

Training capacities

Annual pay

 

 

$

6

Subordinate officers (that is to say, officers of the Navy 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 ...............................................

4,053

 

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

4,659

 

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

5,946

 

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

5,946

 

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

6,625

 

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

7,303

7

Members, not being members to whom item 5 or 6 applies, undertaking degree courses—

 

 

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

5,946

 

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

6,625

 

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

7,303

8

Members of the Navy, and air cadets not at the Air Force Academy, undertaking diploma courses—

 

 

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

4,659

 

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

5,946

 

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

5,946

 

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

6,625

9

Male officer trainees, being officer cadets (Army) and aircrew cadets (Air Force)—

 

 

If not completed degree course ...............................

6,625

 

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

7,303

10

Female officer trainees—

 

 

If not completed degree course ...............................

5,300

 

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

5,842

11

Members of the Navy, other than members to whom another item of this Schedule applies, who hold the rank of Midshipman of the Supplementary

 

 

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

6,625

 

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

7,303

Application

2. The Defence Force Retirement and Death Benefits (Annual Application Rates of Pay) Regulations as amended by regulation 1 apply in relation to service by—

(a) a member of the Navy or of the Army other than a member referred to in paragraph (c) or (d)—after 22 December 1977;

(b) a member of the Air Force—after 21 December 1977;

(c) a member of the Navy who holds the rank of Admiral or Vice-Admiral and is Chief of Defence Force Staff or Chief of Naval Staff—after 21 December 1977; and

(d) a member of the Army who holds the rank of General or Lieutenant-General and is Chief of Defence Force Staff or Chief of the General Staff—after 21 December 1977.

 

 

Overview

The Statutory Rules 1978 No. 6, made under the Defence Force Retirement and Death Benefits Act 1973, were enacted to address the need for updated annual rates of pay for various ranks within the Australian Defence Force. The regulations, which were enacted by the Governor-General of the Commonwealth of Australia acting with the advice of the Federal Executive Council, provide specific annual pay rates for officers and chaplains across the Navy, Army, and Air Force, as well as for members undergoing training and other specific categories. These regulations aim to ensure that the remuneration for defence force members is aligned with their rank and role within the defence force, reflecting the varying responsibilities and service conditions. The policy objective is to maintain fair and consistent compensation standards across the defence force, recognising the contributions and roles of each member.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, as amended, apply to members of the Australian Defence Force who are serving on or after specific dates depending on their rank and role. For most members of the Navy and Army, the regulations apply from 22 December 1978, and for members of the Air Force, from 21 December 1978. However, for senior officers such as Admirals, Vice-Admirals, Generals, and Lieutenant-Generals who hold specific positions like Chief of Defence Force Staff or Chief of Naval/General Staff, the regulations apply from 21 December 1978. The regulations detail the annual rates of pay for various ranks and roles within the Defence Force, including officers, chaplains, and members undergoing training. These rates are outlined in Schedules 2, 3, and 4 of the regulations. The scope of these regulations is to ensure that members of the Australian Defence Force receive appropriate remuneration based on their rank, years of service, and the nature of their duties. The regulations are made under the Defence Force Retirement and Death Benefits Act 1973, and they are subject to amendment through subordinate instruments as evidenced by the recent updates to the schedules.

Key Provisions

The main operative sections of the Regulations under the Defence Force Retirement and Death Benefits Act 1973 (C1978L00006) establish the annual rates of pay for various categories of military personnel, as outlined in Schedules 2, 3, and 4. These schedules detail specific annual pay rates for officers holding certain ranks in the Navy, Army, and Air Force, as well as for chaplains and members undergoing training. For example, Schedule 2 specifies the annual pay rates for officers such as Admirals and Generals, while Schedule 3 provides pay rates for chaplains based on their years of service. Schedule 4 lists pay rates for different categories of trainees and members undertaking training or degree courses. The regulations apply to service performed after specific dates in December 1977, as detailed in section 2. These regulations impose clear obligations on the Defence Force Retirement and Death Benefits Act 1973 by specifying the annual rates of pay for different categories of military personnel. This ensures that all members of the Navy, Army, and Air Force, including officers, chaplains, and trainees, are compensated according to their rank and years of service. The regulations aim to provide a transparent and structured system of remuneration, ensuring that all eligible personnel receive the appropriate pay based on their roles and responsibilities. Furthermore, the regulations apply to service performed after the specified dates, ensuring that any changes in pay rates are implemented consistently across the Defence Force. Any breaches of these regulations could lead to civil or administrative consequences. For example, failure to comply with the specified pay rates could result in disputes or legal actions regarding the remuneration of military personnel. The regulations are designed to be precise and enforceable, and any deviations from the outlined pay rates could lead to claims for unpaid wages or compensation. Additionally, ensuring that the regulations are followed correctly helps maintain the integrity and fairness of the Defence Force's pay system, protecting the interests of all personnel involved.

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