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

Legislation au C1976L00160 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 160

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-ninth day of July, 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

Application.

1. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations apply—

(a) in relation to service by members of the Navy or Army on or after 20 February 1976; and

(b) in relation to service by members of the Air Force on or after 19 February 1976.

Schedules 2, 3 and 4.

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 Schedules 2, 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules are substituted:—

SCHEDULE 2 Sub-regulation 4 (5)

Officers who hold specified ranks

Column 1

Column 2

Column 3

Column 4

Navy

Army

Air Force

Annual pay

 

 

 

$

Admiral (Chief of Defence Force Staff)

General (Chief of Defence Force Staff)

Air Chief Marshal (Chief of Defence Force Staff)

32,500

Vice Admiral (Chief of Naval Staff)

Lieutenant-General (Chief of the General Staff)

Air Marshal (Chief of the Air Staff)

30,000

Rear Admiral ........

Major-General .......

Air Vice-Marshal .....

29,310

Commodore ........

Brigadier ..........

Air Commodore ......

24,906

* Notified in the Australian Government Gazette on 3 August 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 and 99.


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 ...

19,480

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

18,974

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

17,965

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

15,947

Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class ..

Chaplain with less than 4 years’ service as a Chaplain

13,810

SCHEDULE 4 Sub-regulation 4 (8)

Members undergoing training

Column 1

Column 2

Column 3

Item

Training capacities

Annual pay

 

 

$

1

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

6,282

2

Trainees, including seamen in the Navy who have attained the age of 17 years and who have not completed their category training—

 

 

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

6,566

 

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

7,539

3

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

 

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

4,118

 

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

4,118

 

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

5,616

 

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

6,589

4

Seamen in the Navy who have not attained the age of 17 years and junior recruits in the Navy ..

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

5,094

 

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

5,094

 

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

5,676

 

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

6,256

 

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

6,838

 

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

7,420

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

3,473

 

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

3,992

 

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

5,094

 

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

5,094

 

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

5,676

 

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

6,256


Schedule 4continued

Column 1

Column 2

Column 3

Item

Training capacities

Annual pay

 

 

$

7

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

 

 

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

5,094

 

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

5,676

 

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

6,256

8

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

 

 

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

3,992

 

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

5,094

 

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

5,094

 

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

5,676

9

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

5,676

 

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

6,256

10

Female officer trainees ...................................

4,541

 

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

5,005

11

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

 

 

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

5,676

 

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

6,256

 

Overview

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1976 were made under the Defence Force Retirement and Death Benefits Act 1973 to ensure that the annual rates of pay for members of the Navy, Army, and Air Force were updated and properly defined. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations were designed to provide clear and updated guidelines on the remuneration of defence force members. This legislative instrument aimed to address the need for consistent and fair compensation for service members, reflecting their rank, role, and years of service, and to support the overall welfare of current and retired defence personnel.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, as amended by these Regulations, apply to members of the Navy or Army who have served on or after 20 February 1976 and to members of the Air Force who have served on or after 19 February 1976. These regulations are instrumental in determining the annual rates of pay for various categories of officers and trainees across the Navy, Army, and Air Force. The regulations establish specific annual pay rates for officers based on their ranks and years of service, as well as for chaplains and members undergoing training. Additionally, the regulations include detailed schedules that outline the annual pay rates for different categories of officers, such as those holding specified ranks, chaplains with varying years of service, and members undergoing training in different capacities. These regulations are designed to ensure that members of the Defence Force receive appropriate compensation based on their service and rank.

Key Provisions

The Regulations under the Defence Force Retirement and Death Benefits Act 1973 primarily revise the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (paragraph 1). These updated regulations apply to service by members of the Navy or Army on or after 20 February 1976, and for the Air Force, on or after 19 February 1976. Schedules 2, 3, and 4 are repealed and substituted with new schedules that detail annual rates of pay for various ranks and categories of Defence Force personnel. Under these regulations, Defence Force personnel, including officers, chaplains, and trainees, are entitled to annual rates of pay based on their rank, years of service, and training status. For example, according to Schedule 2, an Admiral (Chief of Defence Force Staff) in the Navy receives an annual pay of $32,500, while a Chaplain-General in the Army receives $19,480 (Schedule 3). Normal entry recruits in basic recruit training are paid $6,282 per year, and trainees in their first year of training receive $6,566 (Schedule 4). The regulations impose obligations on the Defence Force to ensure that all eligible personnel receive their respective annual rates of pay as outlined in the schedules. The Defence Force must also ensure that these payments are correctly calculated and disbursed in accordance with the stipulated rates based on the individual's rank, years of service, and training status. Failure to comply with these regulations could potentially lead to legal consequences, although specific offences, penalties, or consequences for non-compliance are not detailed in the text provided. Given the nature of the regulations, breaches might be subject to administrative or disciplinary action within the Defence Force, but the precise penalties or consequences are not explicitly stated in this excerpt.

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