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

Legislation au C1976L00196 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 196

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 ninth day of September, 1976.

JOHN R. KERR

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 2.

1. Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting the words and figures—

“ Rear-Admiral ......

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

Air Vice-Marshal ....

29,508

Commodore ........

Brigadier .............

Air Commodore .....

25,104 ”,

and substituting the words and figures—

“ Rear-Admiral ......

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

Air Vice-Marshal ....

29,951

Commodore ........

Brigadier .............

Air Commodore .....

25,481 ”.

* Notified in the Australian Government Gazette on 15 September 1976.

† Statutory Rules 1973, No. 188, as amended by Statutory Rules 1973, No. 261; 1974, Nos. 14, 161 and 234; 1975, Nos. 141 and 195; and 1976, Nos. 42, 99, 160 and 170.


Repeal of 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 Schedules 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:—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 Sub-regulation 4 (7)

Chaplains

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

 

Chaplain-General ......

Principal Air Chaplain ...

19,959

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

19,445

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

18,421

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

16,373

Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class ...

Chaplain with less than 4 years’ service as a Chaplain

14,204

SCHEDULE 4 Sub-regulation 4 (8)

Members undergoing Training

Item No.

Training capacities

Annual pay

 

 

$

1

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

6,572

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

6,812

 

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

7,828

3

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

 

 

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

4,299

 

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

4,299

 

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

5,862

 

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

6,878

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              

3,262

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

5,317

 

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

5,317

 

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

5,924

 

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

6,531

 

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

7,138

 

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

7,746

 


Schedule 4—continued

Item No.

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

3,625

 

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

4,167

 

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

5,317

 

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

5,317

 

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

5,924

 

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

6,531

7

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

 

 

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

5,317

 

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

5,924

 

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

6,531

8

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

 

 

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

4,167

 

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

5,317

 

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

5,317

 

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

5,924

9

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

 

 

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

5,924

 

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

6,531

10

Female officer trainees—

 

 

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

4,740

 

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

5,225

11

Members of the Navy, other than members referred to in another item of this Schedule, who hold the rank of Midshipman of the Supplementary List—

 

 

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

5,924

 

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

6,531

Application.

3, The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations apply in relation to service by—

(a) members of the Navy and of the Army—on or after 20 August 1976; and

(b) members of the Air Force—on or after 19 August 1976.

Overview

Statutory Rules 1976 No. 196 is a legislative instrument made under the Defence Force Retirement and Death Benefits Act 1973, which was enacted to address the need for a comprehensive scheme for the provision of retirement and death benefits to members of the Australian Defence Force. The Regulations were introduced to provide detailed provisions for the payment of annual rates of pay to eligible members, updating and replacing previous regulations. These Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and they came into effect on 20 August 1976 for members of the Navy and Army, and on 19 August 1976 for members of the Air Force. The objective of these Regulations is to ensure that the annual rates of pay for various ranks and roles within the Defence Force are accurately and fairly reflected, thus providing a stable and predictable income for the members concerned.

Scope and Application

The Regulations under the Defence Force Retirement and Death Benefits Act 1973 amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, adjusting the pay rates for certain ranks within the Navy, Army, and Air Force. These Regulations apply to the service of members of the Navy and the Army from 20 August 1976 and to members of the Air Force from 19 August 1976. The amendments specifically revise the annual rates of pay for various ranks, including Rear-Admiral, Major-General, Air Vice-Marshal, Commodore, Brigadier, and Air Commodore, among others. Additionally, the Regulations repeal and substitute Schedules 3 and 4, which detail the annual rates of pay for chaplains and members undergoing training, respectively. The new schedules provide updated pay rates based on years of service and specific training capacities. The Regulations are designed to ensure that the annual rates of pay reflect changes in the Defence Force structure and the roles of its members.

Key Provisions

The primary sections of the Statutory Rules 1976 No. 196, made under the Defence Force Retirement and Death Benefits Act 1973, involve amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. Specifically, the regulations adjust the annual pay rates for certain military ranks, replacing outdated figures with new ones (sections 1 and 2). The new rates, effective from specified dates, apply to members of the Navy, Army, and Air Force, as detailed in the amended schedules. These regulations impose specific obligations on the relevant authorities to ensure that the updated pay rates are accurately reflected in the records and payments to affected military personnel. This includes the administrative task of updating internal systems and communications to reflect the new figures. The obligation extends to ensuring that any historical payments based on the old rates are adjusted if necessary to maintain fairness and consistency in compensation. Failure to comply with these regulations could result in financial discrepancies and potential grievances from affected personnel. Although the regulations themselves do not explicitly outline specific penalties for non-compliance, breaches of related legislative provisions, such as inaccuracies in pay, could attract administrative or legal consequences. The Defence Force Retirement and Death Benefits Act 1973, under which these regulations operate, includes provisions for penalties and enforcement mechanisms that might be invoked in cases of non-compliance, though the exact penalties are not detailed in these specific regulations.

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