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

Legislation au C1976L00170 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 170

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 nineteeth day of August, 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

Annual rate of pay in respect of period 1 October 1972 to 8 or 9 February 1973.

1. Regulation 3 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting from sub-regulation (4) the figures “ -1971 ”.

Schedule 2.

2. 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 ....

29,310

Commodore ........

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

Air Commodore .....

24,906 ”,

and substituting the words and figures—

“ Rear Admiral ......

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

Air Vice-Marshal ....

29,508

Commodore ........

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

Air Commodore .....

25,104 ”.

* Notified in the Australian Government Gazette on 25 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, 99 and 160.


Repeal of Schedules 3 and 4.

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 Schedules 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are repealed and the following Schedules substituted:—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

19,678

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

19,172

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

18,163

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

16,145

Chaplain with less than 4 years’ service as a Chaplain

Chaplain, Fourth Class ...

Chaplain with less than 4 years’ service as a Chaplain

14,008

SCHEDULE 4 Sub-regulation 4 (8)

Members undergoing Training

Item no.

Training capacities

Annual pay

 

 

$

1

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

6,442

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

6,715

 

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

7,714

3

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

 

 

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

4,227

 

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

4,227

 

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

5,765

 

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

6,764

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              

3,208

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

5,229

 

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

5,229

 

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

5,826

 

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

6,422

 

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

7,019

 

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

7,617

 


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

3,565

 

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

4,098

 

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

5,229

 

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

5,229

 

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

5,826

 

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

6,422

7

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

 

 

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

5,229

 

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

5,826

 

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

6,422

3

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

 

 

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

4,098

 

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

5,229

 

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

5,229

 

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

5,826

9

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

 

 

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

5,826

 

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

6,422

10

Female officer trainees—

 

 

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

4,661

 

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

5,138

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

5,826

 

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

6,422

Amendments of Statutory Rules 1976, No. 42.

4. Regulation 2 of Statutory Rules 1976, No. 42 is amended by omitting from the table the items relating to sub-regulations 4 (4) and 4 (9).

Application.

5. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by regulations 2 and 3 apply in relation to service by—

(a) members of the Navy and of the Army—on or after 28 May 1976; and

(b) members of the Air Force—on or after 27 May 1976.

 

 

 

 

Overview

The Statutory Rules 1976 No. 170, made under the Defence Force Retirement and Death Benefits Act 1973, were introduced to address the need for periodic adjustments to the annual rates of pay for defence force members. This legislative instrument was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and provides specific amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. The aim of these amendments is to reflect the changing financial circumstances and service conditions within the defence forces. The Regulations provide updated annual rates of pay for various ranks and positions within the Navy, Army, and Air Force, as well as for members undergoing training. These adjustments ensure that the benefits provided to defence force members remain fair and reflective of their service and experience.

Scope and Application

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, as amended by Statutory Rules 1976 No. 170, apply to the members of the Navy, Army, and Air Force, and govern the annual rates of pay for different ranks and service periods. These regulations were made under the Defence Force Retirement and Death Benefits Act 1973 and came into effect on 28 May 1976 for the Navy and Army members, and on 27 May 1976 for Air Force members. The regulations set out specific annual pay rates for various ranks within the Navy, Army, and Air Force, and for different categories of members undergoing training. This includes adjustments to pay rates for chaplains and members in training, reflecting changes in service duration and rank. The regulations also repeal previous schedules and substitute new ones to reflect updated pay scales. These regulations are intended to ensure that the remuneration for military personnel is consistent with their rank and length of service, providing clarity and fairness in the application of annual pay rates.

Key Provisions

The key provisions of these Regulations (Regulations) adjust and update the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, providing new annual rates of pay for members of the Navy, Army, and Air Force for specific periods. Regulation 1 removes outdated figures from sub-regulation (4) and Regulation 2 updates the pay rates for certain ranks by substituting new figures in Schedule 2. Additionally, Schedules 3 and 4 have been replaced with updated versions, providing new pay rates based on years of service and training status (Regulation 3). These Regulations impose obligations on the relevant Defence Force authorities to ensure that updated pay rates are correctly applied to eligible members. The new rates must be adhered to for service rendered on or after 28 May 1976 for members of the Navy and Army and on or after 27 May 1976 for members of the Air Force (Regulation 5). Defence Force authorities are required to implement these changes in the payroll systems to reflect the new annual rates of pay as stipulated in the updated Schedules. Failure to comply with these Regulations by not applying the updated pay rates could lead to potential legal repercussions for Defence Force authorities. While specific offences and penalties are not detailed within these Regulations, non-compliance with Defence Force regulations generally could result in administrative penalties, legal challenges by affected members, and potential financial liabilities for incorrect pay distributions. The precise consequences of non-compliance would depend on the specific circumstances and any additional Defence Force policies or legislation in place.

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