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

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Statutory Rules

1974 No. 14

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 February, 1974.

PAUL HASLUCK

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 (1) Schedule 3 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is repealed and the following Schedule substituted:—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

14,750

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

14,330

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

13,530

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

11,930

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

 Chaplain, Fourth Class ...

 Chaplain with less than 4 years’ service as a Chaplain

10,230 ”.

* Notified in the Australian Government Gazette on 12 February 1974.

† Statutory Rules 1973, No. 188, as amended by Statutory Rules 1973, No. 261.


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

(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 these Regulations—from and including 2 November 1973; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in that Schedule—from and including 1 November 1973.

Schedule 4.

2. (1) Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 5 and 6 and substituting the following items:—

“ 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...........................................

3,082

 

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

3,082

 

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

3,434

 

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

3,785

 

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

4,137

 

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

4,489

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

2,100

 

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

2,415

 

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

3,082

 

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

3,082

 

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

3,434

 

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

3,785 ”.

(2) Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting item 11 and substituting the following item:—

“ 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...........................................

3,434

 

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

3,785 ”.

(3) Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations is repealed and the following Schedule substituted:—

“ SCHEDULE 4 Regulation 4 (8)

Members Undergoing Training

Item No.

Training Capacities

Annual Rate of Salary

 

 

$

1

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

4,323

2

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

 

 

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

4,548

 

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

5,206


Schedule 4—continued

Item No.

Training Capacities

Annual Rate of Salary

3

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

 

 

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

2,785

 

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

2,785

 

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

3,798

 

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

4,456

4

 Junior Recruits in the Naval Forces—

 

 

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

2,117

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

3,452

 

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

3,452

 

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

3,846

 

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

4,239

 

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

4,633

 

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

5,028

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

2,352

 

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

2,705

 

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

3,452

 

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

3,452

 

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

3,846

 

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

4,239

7

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

 

 

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

3,452

 

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

3,846

 

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

4,239

8

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

 

 

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

2,705

 

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

3,452

 

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

3,452

 

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

3,846

9

 Male Officer Trainees—

 

 

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

3,846

 

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

4,239

10

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

3,077

 

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

3,391

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

3,846

 

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

4,239 ”.

(4) Schedule 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended—

(a) by omitting item 2 and substituting the following item:—

“ 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 ...........................................

4,548

 

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

5,206 ”;

and

(b) by omitting item 4 and substituting the following item:—

“ 4

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

2,117 ”.


(5) Sub-regulations (1) and (2) have effect and shall be deemed to have taken effect—

(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 those sub-regulations—from and including 1 June 1973; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in the Schedule—from and including 31 May 1973.

(6) Sub-regulation (3) has effect and shall be deemed to have taken effect—

(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—from and including 2 November 1973; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in that Schedule—from and including 1 November 1973.

(7) Sub-regulation (4) has effect and shall be deemed to have taken effect from and including 1 January 1974.

Overview

Statutory Rules 1974 No. 14, under the Defence Force Retirement and Death Benefits Act 1973, was enacted to provide for the regulation of benefits to which members of the Australian Defence Force are entitled upon retirement or death. The regulations were introduced to address the need for a structured and updated framework governing the payment of benefits to Defence Force members, ensuring they receive appropriate compensation based on their service duration and rank. The enacting body was the Governor-General of Australia, acting on the advice of the Executive Council, which underscores the authority and importance of these regulations. The policy objective is to maintain fair and equitable remuneration for Defence personnel, reflecting their years of service and role within the forces.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1974, made under the Defence Force Retirement and Death Benefits Act 1973, apply to members of the Australian Defence Force, including the Naval Forces, Military Forces, and Air Force. These regulations set out the annual rates of pay for various categories of Defence Force personnel, such as chaplains, trainees, and officer trainees, based on their rank, years of service, and the type of training they are undergoing. The regulations provide detailed schedules outlining the specific pay rates for each category. The application of these regulations is national, affecting all members of the Defence Force across Australia. The regulations also detail the effective dates for the amendments, ensuring that the changes apply from specific dates as noted within the regulations. Subordinate instruments extend and clarify the application of these regulations by specifying the exact dates from which the new pay rates take effect.

Key Provisions

The statutory rules, Statutory Rules 1974 No. 14, made under the Defence Force Retirement and Death Benefits Act 1973, primarily concern amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. The Regulations revise the pay rates for various Defence Force personnel, including chaplains (Schedule 3) and members undergoing training (Schedule 4). These amendments outline specific annual pay rates for chaplains based on their years of service and provide new pay scales for members undergoing different types of training. These Regulations impose clear obligations on the Defence Force to adhere to the specified pay rates for the various categories of personnel. For instance, chaplains with specific years of service must be compensated according to the amended rates listed in Schedule 3. Similarly, members undergoing training must receive pay according to their training status and year, as detailed in Schedule 4. These obligations ensure that Defence Force personnel receive appropriate compensation commensurate with their service and training. Breaches of these Regulations could lead to legal consequences. While the specific legislative instrument does not detail offences or penalties, non-compliance with pay regulations could result in disciplinary action under Defence Force policies or potential legal action for breach of contract or administrative errors. The Defence Force, as a governmental entity, must ensure adherence to these Regulations to avoid financial discrepancies and maintain morale among its personnel.

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