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

Legislation au C1976L00099 Regulations Not in force Legislative Instrument

Legislation content

 

 

Statutory Rules

 

1976 No. 99

REGULATIONS UNDER THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973-1975.*

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 1973-1975.

Dated this seventh day of May, 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

Commencement.

1. (1) Regulation 2 shall be deemed to have come into operation on 15 May 1975.

(2) Regulations 3 and 4 shall be deemed to have come into operation—

(a) in relation to members of the Navy or the Army—on 19 September 1975; and

(b) in relation to members of the Air Force—on 18 September 1975.

Annual rate of pay on or after 8 or 9 February 1973.

2. Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (11) Notwithstanding the provisions of sub-regulation (5), on a day during the period 15 May 1975 to 8 September 1975 (inclusive) the annual pay applicable to a member of the Defence Force described in item 1 or 2 of Schedule 2 is $33,670 or $31,080 respectively.”.

Schedule 2.

3. Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 3 and 4 and substituting the following items:—

3. Rear-Admiral.........

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

Air Vice-Marshal.......

27,547

4. Commodore..........

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

Air Commodore........

23,408

* Notified in the Australian Government Gazette on 14 May 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, No. 42.


Schedules 3 and 4.

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 Schedules 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:—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

 

 

 

$

1....................

Chaplain-General..........

Principal Air Chaplain.....

18,365

2. Chaplain with not less than 20 years’ service as a Chaplain

Chaplain, Third Class, with not less than 16 years’ service in that

Chaplain with not less than 20 years’ service as a Chaplain

17,890

3. Chaplain with less than 20 but not less than 12 years’ service as a Chaplain

classification

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

16,942

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

15,045

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

Chaplain, Fourth Class

Chaplain with less than 4 years’ service as a Chaplain

13,036

SCHEDULE 4  Sub-regulation 4 (8)

Members undergoing training

Item
No.

Training Capacities

Annual Pay

 

 

$

1

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

5,961

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

6,229

 

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

7,143

3

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

 

 

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

3,871

 

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

3,871

 

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

5,279

 

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

6,193

4

Seamen in the Navy who have not attained the age of 17 years and Junior Recruits in the Navy 

2,937

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

4,788

 

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

4,788

 

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

5,335

 

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

5,880

 

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

6,427

 

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

6,974

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

3,264

 

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

3,752

 

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

4,788

 

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

4,788

 

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

5,335

 

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

5,880


Schedule 4—continued

Item No.

Training Capacities

Annual Pay

 

 

$

7

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

 

 

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

4,788

 

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

5,335

 

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

5,880

8

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

 

 

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

3,752

 

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

4,788

 

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

4,788

 

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

5,335

9

Male Officer Trainees—

 

 

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

5,335

 

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

5,880

10

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

4,268

 

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

4,704

11

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

 

 

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

5,335

 

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

5,880

References to Navy or Army in respect of any period before 9 February 1976.

5. In the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations, references to the Navy and to the Army shall, in respect of any period before 9 February 1976, be read respectively as references to the Naval Forces and to the Military Forces.

Overview

Statutory Rules 1976 No. 99, the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, were made under the Defence Force Retirement and Death Benefits Act 1973-1975 by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were enacted to provide for the annual rates of pay applicable to members of the Defence Force, thus addressing the need for a structured system of compensation for military personnel. The regulations were designed to ensure that the pay rates are updated and reflect the economic conditions and service contributions of the Defence Force members. The amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations outlined in this legislative instrument aimed to adjust the pay rates for certain periods and categories of Defence Force members, ensuring fairness and consistency in remuneration.

Scope and Application

The Statutory Rules 1976 No. 99, made under the Defence Force Retirement and Death Benefits Act 1973-1975, amends the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to adjust the annual rates of pay for members of the Defence Force and to update the associated classifications. These regulations apply to members of the Australian Defence Force, including Navy, Army, and Air Force personnel, and their dependants. The regulations set out specific annual rates of pay for various ranks and roles within these services, reflecting different levels of experience and service. The regulations also cover members undergoing training, including those in basic recruit training, degree courses, and diploma courses, with rates adjusted according to the duration and level of training. Certain ranks and roles, such as Chaplains, have specific pay rates based on their years of service. The changes are effective from different dates for the different services, with specific provisions for the period between 15 May 1975 and 8 September 1975. The regulations provide detailed schedules that list the annual pay rates for various categories of Defence Force personnel, ensuring clarity and consistency in the application of these provisions.

Key Provisions

The main operative sections of the Regulations, as detailed in Statutory Rules 1976 No. 99, involve amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. Regulation 2 (sub-regulation 4 (11)) introduces a new annual pay rate for Defence Force members during a specified period from 15 May 1975 to 8 September 1975. Regulation 3 replaces the existing items in Schedule 2 with new pay rates for higher-ranked officers such as Rear-Admiral, Major-General, and Air Vice-Marshal. Regulation 4 repeals Schedules 3 and 4 of the previous regulations and substitutes them with new schedules that detail annual pay rates for chaplains and various categories of training members, such as normal entry recruits, trainees, and junior trainees. Regulation 5 ensures that references to the Navy and Army in periods before 9 February 1976 are correctly interpreted as references to the Naval Forces and Military Forces, respectively. These Regulations impose specific obligations and requirements on the Defence Force members and the entities responsible for their remuneration. They dictate precise annual pay rates for Defence Force members, including those in various ranks and those undergoing different types of training. The Regulations require these rates to be applied from the dates specified, ensuring that all payments align with the updated schedules. The changes are intended to reflect current conditions and to provide a clear framework for the administration of pay rates within the Defence Force. In terms of offences, penalties, or consequences for breach, the Regulations themselves do not explicitly state penalties for non-compliance. However, under the Defence Force Retirement and Death Benefits Act 1973-1975, breaches of the Act or associated regulations could potentially lead to legal action. Such breaches might involve civil or criminal penalties, depending on the nature and severity of the offence. For example, failure to comply with the pay regulations could result in financial liabilities or legal actions against the responsible parties, including potential fines or other legal repercussions. It is important for Defence Force members and administrators to adhere strictly to these regulations to avoid any adverse consequences.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Regulations
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.