Statutory Rules
1978 No. 241
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 twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS†
Schedule 4
1. Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 9, 10 and 11 and substituting the following items:
“ 9 Officer trainees of the Army and Air Force, not being members referred to in item 5, 6, 7 or 8— | |
If not completed degree course ......................... | 6,811 |
If completed degree course ............................ | 7,509 |
10 Officer trainees of the Navy, not being members referred to in item 5, 6, 7 or 8— | |
1st year ......................................... | 6,811 |
2nd year ........................................ | 7,509 ”. |
|
* Notified in the Commonwealth of Australia Gazette on 30 November 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; 1977 Nos. 82, 98, 158 and 161; and 1978 Nos, 6, 52, 80 and 118.
Application
2. The amendments of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations effected by these Regulations apply to and in relation to—
(a) members of the Navy and Army—as if those amendments had come into operation on 6 January 1978; and
(b) members of the Air Force—as if those amendments had come into operation on 5 January 1978.
Transitional
3. (1) Notwithstanding the provisions of regulation 2, the annual pay applicable to a member of the Defence Force referred to in items 9 and 10 of Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations being the items set out in the following table—
(a) in the case of a member of the Navy or the Army—on a day during the period from and including 6 January 1978 to and including 2 March 1978; or
(b) in the case of a member of the Air Force—on a day during the period from and including 5 January 1978 to and including 1 March 1978,
is the amount specified in the third column of the table opposite to the description of the member:
Item | Training capacities | Annual pay |
9 | Officer trainees of the Army and Air Force, not being members referred to in item 5, 6, 7 or 8— | |
| If not completed degree course................................. | 6,625 |
| If completed degree course ................................... | 7,303 |
10 | Officer trainees of the Navy, not being members referred to in item 5, 6, 7 or 8— | |
| 1st year ................................................ | 6,625 |
| 2nd year ................................................ | 7,303 |
(2) Notwithstanding the provisions of regulation 2, the annual pay applicable to a member of the Defence Force referred to in items 9 and 10 of Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, being the items set out in the following table—
(a) in the case of a member of the Navy or the Army—on a day during the period from and including 3 March 1978 to and including 8 June 1978; or
(b) in the case of a member of the Air Force—on a day during the period from and including 2 March 1978 to and including 7 June 1978,
is the amount specified in the third column of the table opposite to the description of the member:
Item | Training capacities | Annual pay |
9 | Officer trainees of the Army and Air Force, not being members referred to in item 5, 6, 7 or 8— | |
| If not completed degree course ................................. | 6,724 |
| If completed degree course ................................... | 7,413 |
10 | Officer trainees of the Navy, not being members referred to in item 5, 6, 7 or 8— | |
| 1st year ................................................ | 6,724 |
| 2nd year ................................................ | 7,413 |
Overview
Statutory Rules 1978 No. 241 amends the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations under the Defence Force Retirement and Death Benefits Act 1973. This legislative instrument was enacted to ensure that the annual rates of pay for Defence Force members are appropriately updated and aligned with the legislative framework. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to provide clear and consistent guidelines for the remuneration of Defence Force personnel. The policy objective is to maintain fair and equitable pay scales that reflect the varying responsibilities and stages of training within the Defence Force.
The amendments to the Regulations apply to members of the Navy and Army as if they came into operation on 6 January 1978, and for members of the Air Force, as if they came into operation on 5 January 1978. The Regulations also include transitional provisions to ensure a smooth implementation of the new pay rates, with specific amounts applicable to certain members during transition periods. These amendments reflect the legislative intent to update pay scales in a manner that is fair and reflective of the Defence Force's operational needs.
Scope and Application
The Regulations under the Defence Force Retirement and Death Benefits Act 1973 apply to the members of Australia's defence forces, namely the Navy, Army, and Air Force, with specific amendments to the annual rates of pay for officer trainees within these forces. These Regulations were made by the Governor-General acting on the advice of the Federal Executive Council, thereby conferring a Commonwealth reach to the legislative instrument. The Regulations provide transitional provisions for the payment of annual rates of pay for officer trainees during specified periods, ensuring that certain members receive specified amounts based on their training status and whether they have completed a degree course. The Regulations also provide for amendments to Schedule 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, specifying new annual pay rates for officer trainees in the Army, Air Force, and Navy, effective from certain dates in early 1978. The application of these Regulations is further extended through subordinate instruments, ensuring a comprehensive application across the specified defence forces.
Key Provisions
The Statutory Rules 1978 No. 241, which are regulations under the Defence Force Retirement and Death Benefits Act 1973, make amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. These amendments adjust the annual rates of pay for certain categories of officer trainees in the Army, Navy, and Air Force. Specifically, Schedule 4 is amended to reflect new pay rates, which come into effect from specified dates in January 1978. For instance, the pay for officer trainees of the Army and Air Force who have not completed a degree course is set at 6,811, and for those who have completed a degree course, it is set at 7,509 (Schedule 4, item 9). Similarly, the pay for officer trainees of the Navy is set at 6,811 for the first year and 7,509 for the second year (Schedule 4, item 10).
These regulations impose specific obligations on the relevant authorities to ensure that the new pay rates are correctly applied to the affected members of the Defence Force. The obligation is to update the records and payments systems to reflect the new rates, particularly during the transitional periods mentioned. For example, for a member of the Navy or the Army, the transitional pay rate of 6,625 is applicable from 6 January 1978 to 2 March 1978, while the rate of 6,724 is applicable from 3 March 1978 to 8 June 1978 (Regulation 3(1) and (2)).
Failure to comply with these regulations could lead to financial discrepancies and potential disputes over entitlements. The regulations do not explicitly outline specific offences or penalties for non-compliance, but any failure to adhere to the stipulated pay rates could result in legal consequences under the broader Defence Force Retirement and Death Benefits Act 1973. This might include actions for rectification or compensation for any financial loss incurred due to incorrect pay rates.