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

Legislation au C1974L00161 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 161

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 fifth 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 Retirement and Death Benefits (Annual Rates of Pay) Regulations†

Schedule 2.

1. Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 2, 3, 4 and 5 and substituting the following items:—

“2. Vice-Admiral (Chief of the Naval Staff)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

25,850

3. Rear-Admiral ..

Major-General .........

Air Vice-Marshal .......

23,238

4. Commodore ..

Brigadier .. ..

Air Commodore ........

19,597

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

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

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

19,597 ”.

* Notified in the Australian Government Gazette on 17 September 1974.

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


Schedules 3 and 4.

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 Schedules 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:—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

15,160

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

14,732

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

13,916

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

12,284

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

Chaplain, Fourth Class ....

Chaplain with less than 4 years’ service as a Chaplain

10,550

SCHEDULE 4 Regulation 4 (8)

Members undergoing training

Item No.

Training Capacities

Annual Pay

 

 

$

1

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

4,524

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

4,721

 

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

5,410

3

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

 

 

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

2,912

 

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

2,912

 

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

3,971

 

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

4,660

4

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

2,212

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

3,607

 

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

3,607

 

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

4,019

 

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

4,430

 

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

4,841

 

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

5,254

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

2,458

 

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

2,827

 

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

3,607

 

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

3,607

 

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

4,019

 

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

4,430


Schedule 4—continued

Item No.

Training Capacities

Annual Pay

7

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

 

 

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

3,607

 

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

4,019

 

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

4,430

8

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

 

 

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

2,827

 

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

3,607

 

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

3,607

 

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

4,019

9

Male Officer Trainees—

 

 

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

4,019

 

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

4,430

10

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

3,215

 

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

3,544

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

4,019

 

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

4,430

Application.

3. These Regulations have effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces—from and including 31 May 1974; and

(b) in relation to members of the Air Force—from and including 30 May 1974.

Overview

Statutory Rules 1974 No. 161, Regulations under the Defence Force Retirement and Death Benefits Act 1973, was enacted to provide a structured framework for the administration of retirement and death benefits for members of the Australian Defence Force. The enacting body was the Governor-General of Australia, acting on the advice of the Executive Council, with the aim of ensuring consistent and fair application of benefits. These Regulations specifically address the amendment of annual rates of pay for various ranks within the Defence Force, as well as the pay rates for chaplains and members undergoing training. The policy objective behind these amendments is to align the remuneration with the roles and responsibilities of the members, reflecting their service duration and training status accurately.

Scope and Application

The Regulations under the Defence Force Retirement and Death Benefits Act 1973 govern the annual rates of pay for various ranks and categories of personnel within the Australian Defence Force, including the Navy, Army, and Air Force. The legislation applies to current and former members of the Defence Force, with specific rates of pay determined by rank and years of service. It also covers members undergoing training, with pay rates varying based on their training capacity and year of training. The geographic scope of these regulations is nationwide, applying to all members of the Australian Defence Force, irrespective of their location within Australia. These Regulations do not specify exclusions or exemptions but are designed to provide equitable pay adjustments based on rank and service length. The application of these regulations is further extended or restricted through subordinate instruments, which can modify the detailed provisions concerning pay rates for specific ranks and service categories.

Key Provisions

The Regulations under the Defence Force Retirement and Death Benefits Act 1973, particularly those concerning the Annual Rates of Pay, modify the existing pay scales for various ranks within the Naval, Military, and Air Forces. Specifically, the amendments involve the omission of certain items and the substitution of new items in Schedule 2, which lists the pay rates for senior officers, such as Vice-Admiral, Lieutenant-General, and Air Marshal, as well as lower ranks like Rear-Admiral, Major-General, and Air Vice-Marshal (sections 1 and 2). Additionally, Schedules 3 and 4 have been updated to reflect revised pay rates for chaplains based on years of service and for members undergoing various training programs (sections 2 and 3). These Regulations impose specific obligations on the Defence Force to ensure that members are compensated according to the revised pay scales. For instance, the Naval, Military, and Air Forces are required to update their payroll systems to reflect the new rates specified in the amended schedules. Furthermore, the Regulations mandate that these new pay rates be applied retroactively from specified dates, namely 31 May 1974 for the Naval and Military Forces and 30 May 1974 for the Air Force (section 3). Any failure to comply with these Regulations may result in civil or criminal consequences, although the specific penalties are not detailed within the legislative instrument. Generally, breaches of Defence Force Regulations can lead to disciplinary action, fines, or other penalties as prescribed by the Defence Force Discipline Rules. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Defence Force Discipline Rules and any relevant case law.

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