Statutory Rules
1976 No. 207
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-second day of September, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendment 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—
“ 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 ”, |
and substituting the words and figures— | |
“ Admiral (Chief of Defence Force Staff) | General (Chief of Defence Force Staff) | Air Chief Marshal (Chief of Defence Force Staff) | 41,000 |
Vice-Admiral (Chief of Naval Staff) | Lieutenant-General (Chief of the General Staff) | Air Marshal (Chief of the Air Staff) | 35,500 ”. |
Application.
2. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by regulation 1 apply in relation to service by members of the Defence Force on or after 1 June 1976.
* Notified in the Australian Government Gazette on 28 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, 170 and 196.
Overview
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1976, made under the Defence Force Retirement and Death Benefits Act 1973, aim to amend the annual rates of pay for certain high-ranking Defence Force officers. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations respond to the need for updated remuneration for key positions within the Defence Force. The policy objective is to ensure that the compensation for roles such as Chief of Defence Force Staff, Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff is reflective of the responsibilities and service rendered, thereby maintaining the attractiveness and sustainability of these critical positions within the Defence Force.
Scope and Application
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, made under the Defence Force Retirement and Death Benefits Act 1973, apply to members of the Defence Force who have been serving on or after 1 June 1976. These regulations primarily concern the annual rates of pay for specific ranks within the Defence Force, thereby impacting the financial benefits of those who hold these positions. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. Notably, these regulations amend the previous rates of pay for certain high-ranking officers, such as Admiral (Chief of Defence Force Staff), General (Chief of Defence Force Staff), Air Chief Marshal (Chief of Defence Force Staff), Vice-Admiral (Chief of Naval Staff), Lieutenant-General (Chief of the General Staff), and Air Marshal (Chief of the Air Staff). These amendments reflect the adjustments made to the remuneration of these roles in accordance with the current legislative framework.
Key Provisions
The statutory rules, issued under the Defence Force Retirement and Death Benefits Act 1973, amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (regulation 1). Specifically, they revise the annual rates of pay for certain high-ranking officers within the Defence Force. The changes, which come into effect on 1 June 1976, increase the rates for Admiral (Chief of Defence Force Staff), General (Chief of Defence Force Staff), and Air Chief Marshal (Chief of Defence Force Staff) from 32,500 to 41,000, and for Vice-Admiral (Chief of Naval Staff), Lieutenant-General (Chief of the General Staff), and Air Marshal (Chief of the Air Staff) from 30,000 to 35,500.
The regulations impose clear obligations on the Defence Force and its members, ensuring that the updated rates of pay are applied correctly for eligible officers from the specified date. The Defence Force must ensure that all relevant records are updated to reflect these new rates, and officers must be informed of the changes to their entitlements. Compliance with these regulations is crucial to ensure that the benefits provided under the Defence Force Retirement and Death Benefits Act 1973 are administered accurately and fairly.
Breach of these regulations could potentially result in legal consequences for the Defence Force, including administrative penalties or legal action for non-compliance. While the statutory rules do not explicitly state the penalties for non-compliance, breaches of statutory rules generally can attract fines and other sanctions under the applicable legislation. The maximum penalties for breaches of such regulations would depend on the specific circumstances and could involve significant financial penalties for the Defence Force. It is important for the Defence Force to adhere to these regulations to avoid any potential legal repercussions.