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

Administered by Department of Defence

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Statutory Rules

1979 No. 255

REGULATIONS UNDER THE DEFENCE FORCE
RETIREMENT AND DEATH BENEFITS ACT 19731

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-seventh day of November 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

 

J. E. McLEAY

Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence

_______________

AMENDMENT OF THE DEFENCE FORCE RETIREMENT
AND DEATH BENEFITS (ANNUAL RATES OF PAY)
REGULATIONS2

1 Annual pay applicable to a member

  Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting paragraph (a) of sub-regulation (3) and substituting the following paragraph:

 “(a) if he belongs to a class of members to whom–

 (i) service allowance is payable under regulation 10; or

 (ii) an allowance is payable under regulation 10A,

  of the Defence Force (Salaries) Regulations, the amount ascertained by adding an amount equal to–

 (iii) in the case of regulation 10–the rate of service allowance on that day under that regulation to an amount equal to the annual rate of salary of the member on that day under the Defence Force (Salaries) Regulations; and

 (iv) in the case of regulation 10A–the annual rate of the allowance that is applicable in respect of service on that day under that regulation to an amount equal to the annual rate of salary of the member on that day under the Defence Force (Salaries) Regulations.”.

2 Transitional–annual pay deemed to include special allowance for senior medical or dental officers from 10 or 11 May 1979 to 13 June 1979

 (1) Notwithstanding sub-regulation 4 (6) of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as in force on any day during the prescribed period the annual pay applicable on a particular day during that period to a member of the Defence Force who was a medical or dental officer within the meaning of the Defence Force (Salaries) Regulations in respect of service during that period in the rank of–

 (a) Commodore in the Navy;

 (b) Brigadier in the Army;

 (c) Air Commodore in the Air Force;

 (d) Rear-Admiral in the Navy;

 (e) Major-General in the Army; or

 (f) Air Vice-Marshal in the Air Force,

shall be deemed to have included an allowance at the rate of–

 (g) in relation to a member of the rank referred to in paragraph (a), (b) or (c)–$3,478 per annum; or

 (h) in relation to a member of the rank referred to in paragraph (d), (e) or (f)–$1,688 per annum.

 (2) In sub-regulation (1), “prescribed period” means–

 (a) in relation to a member of the Navy or of the Army–the period that commenced on 11 May 1979 and ended on 13 June 1979; and

 (b) in relation to a member of the Air Force–the period that commenced on 10 May 1979 and ended on 13 June 1979.

3 Transitional–annual pay deemed to include special allowance for senior medical or dental officers from 14 June 1979 to 4 or 5 July 1979

 (1) Notwithstanding paragraph 4 (3) (b) of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations the annual pay applicable on a particular day during the prescribed period to a member who was a medical or dental officer within the meaning of the Defence Force (Salaries) Regulations in respect of service during that period in the rank of–

 (a) Commodore in the Navy;

 (b) Brigadier in the Army;

 (c) Air Commodore in the Air Force;

 (d) Rear-Admiral in the Navy;

 (e) Major-General in the Army; or

 (f) Air Vice-Marshal in the Air Force,

shall be deemed to have included an allowance at the rate of–

 (g) in relation to a member of the rank referred to in paragraph (a), (b) or (c)–$3,478 per annum; or

 (h) in relation to a member of the rank referred to in paragraph (d), (e) or (f)–$1,688 per annum.

 (2) In sub-regulation (1), “prescribed period” means–

 (a) in relation to a member of the Navy or of the Army–the period that commenced on 14 June 1979 and ended on 5 July 1979; and

 (b) in relation to a member of the Air Force–the period that commenced on 14 June 1979 and ended on 4 July 1979.

4 Application

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

 (a) members of the Navy or of the Army after 5 July 1979; and

 (b) members of the Air Force after 4 July 1979.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1979.

2 Statutory Rules 1979 No. 6 and see also Statutory Rules 1979 Nos. 6, 90 and 206.

 

Overview

The Statutory Rules 1979 No. 255, titled "Regulations Under the Defence Force Retirement and Death Benefits Act 1973," was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to make specific amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. The problem or gap this legislation aimed to address is the need for periodic adjustments to the annual rates of pay applicable to Defence Force members to ensure they are accurate and reflective of changes in salary structures and allowances. These regulations seek to align the annual rates of pay more closely with the Defence Force (Salaries) Regulations, ensuring that members receive the appropriate benefits based on their service and rank.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, as amended by Statutory Rules 1979 No. 255, apply to members of the Australian Defence Force, specifically focusing on their annual rates of pay for the purposes of retirement and death benefits. The amendments to these regulations are designed to adjust how annual pay is calculated for certain members, particularly those who are eligible for service allowances or specific allowances as outlined in the Defence Force (Salaries) Regulations. The regulations affect members of the Navy, Army, and Air Force, with different application dates depending on the service branch, namely after 5 July 1979 for the Navy and Army, and after 4 July 1979 for the Air Force. Additionally, the regulations include transitional provisions for certain senior medical and dental officers, ensuring that their annual pay includes specific allowances during prescribed periods in May and June 1979. These regulations are applicable nationwide, given their basis under the Commonwealth of Australia.

Key Provisions

The key provisions of these Regulations under the Defence Force Retirement and Death Benefits Act 1973 primarily concern the adjustment and transitional arrangements of annual rates of pay for specific categories of Defence Force members. Regulation 4 modifies the calculation of annual pay for Defence Force members by adjusting the formula to include service allowance or allowances under regulation 10 or 10A of the Defence Force (Salaries) Regulations. This change ensures that the annual pay of Defence Force members who receive certain allowances now includes these allowances in their total annual pay calculation. Furthermore, there are transitional provisions that address the annual pay of senior medical and dental officers within specified ranks during two distinct periods. These transitional provisions deem the annual pay of these officers to include a special allowance during these periods, regardless of the existing sub-regulations. These Regulations impose specific obligations on Defence Force members and the relevant authorities. Members who fall under the categories affected by these Regulations must have their annual pay calculated according to the new formulae or deemed to include the special allowance during the transitional periods. The authorities responsible for calculating and disbursing annual pay must adhere to these new provisions and ensure that the correct amounts are calculated and paid to the relevant Defence Force members. Additionally, the Regulations require that any adjustments or calculations be applied retrospectively within the prescribed periods to ensure that affected members receive the appropriate annual pay. Breaches of these Regulations or failure to comply with the specified obligations may result in legal consequences. Although the Regulations themselves do not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance, any failure to adhere to the provisions of the Defence Force Retirement and Death Benefits Act 1973 or the Defence Force (Salaries) Regulations could potentially lead to legal action. The Defence Force Retirement and Death Benefits Act 1973 might provide for penalties or enforcement mechanisms, which could include financial penalties or other legal remedies for non-compliance. The specific penalties would depend on the interpretation and application of the overarching Act, which might impose fines or other sanctions for failure to comply with its provisions.

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