Statutory Rules
1980 No. 341
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 1980.
ZELMAN COWEN
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) REGULATIONS2
Annual pay applicable to a member
1. Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended—
(a) by inserting after “sub-regulations” in sub-regulation (3) “(3A),”; and
(b) by inserting after sub-regulation (3) the following sub-regulation:
“(3A) Where a member belongs to a class of members to whom a Married Trainee’s Allowance is payable in pursuance of Determination 0114, Married Trainee’s Allowance, under section 58B of the Defence Act 1903, the annual pay applicable on a particular day to that member is the amount ascertained by adding an amount equal to the annual rate of that allowance, applicable on that day, to an amount equal to the annual pay applicable on that day to that member under sub-regulation (3).”.
Application—regulation 1
2. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by regulation 1 apply in relation to service by a member of the Defence Force after 13 June 1979.
Annual pay applicable to a member to whom Married Trainee’s Allowance is payable—7 or 8 June 1979 to 13 June 1979
3. (1) The annual pay applicable on any day during the prescribed period to a member to whom a Married Trainee’s Allowance is payable in respect of that day in pursuance of Determination 0114, Married Trainee’s Allowance, under section 58B of the Defence Act 1903, is an amount ascertained by adding an amount equal to the annual rate applicable on that day of that allowance to the annual pay applicable on that day to that member under sub-regulation 4 (8) or 4 (9) of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as in force on that day.
(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 8 June 1979 and ended on 13 June 1979; and
(b) in relation to a member of the Air Force—the period that commenced on 7 June 1979 and ended on 13 June 1979.
1. Notified in the Commonwealth of Australia Gazette on 4 December 1980.
2. Statutory Rules 1979 No. 90 as amended by Statutory Rules 1979 Nos. 206 and 255.
Overview
The Statutory Rules 1980 No. 341, enacted under the Defence Force Retirement and Death Benefits Act 1973, aim to amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, addressing the need to incorporate specific allowances into the annual pay calculations for Defence Force members. These regulations, made by the Governor-General on the advice of the Federal Executive Council, ensure that annual pay for members who are eligible for Married Trainee's Allowance, as outlined in Determination 0114 under the Defence Act 1903, is accurately calculated and applied. The policy objective is to maintain equitable and consistent pay structures for Defence Force personnel, reflecting their entitlements and contributions.
The amendments introduced by these regulations apply to service by a member of the Defence Force after 13 June 1979, with specific transitional provisions for the period between 7 or 8 June 1979 and 13 June 1979, depending on the branch of the Defence Force. The regulations ensure that annual pay for members receiving a Married Trainee’s Allowance during this transitional period is calculated correctly, maintaining fairness and accuracy in the application of benefits. These statutory rules were notified in the Commonwealth of Australia Gazette on 4 December 1980.
Scope and Application
The Statutory Rules 1980 No. 341, made under the Defence Force Retirement and Death Benefits Act 1973, specifically amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to account for the annual pay applicable to members of the Defence Force who are eligible for a Married Trainee’s Allowance. These regulations apply to service members of the Defence Force after 13 June 1979. They establish a formula for calculating the annual pay for members to whom a Married Trainee’s Allowance is payable during a specified period between 7 or 8 June 1979 and 13 June 1979, depending on the service branch. This adjustment ensures that the annual rates of pay are correctly calculated to include the Married Trainee’s Allowance for the affected period. The regulations do not specify exclusions or exemptions but provide a clear methodology for determining the applicable pay rates.
Key Provisions
The main operative sections of these Regulations (Sections 1 and 2) amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to adjust the annual pay applicable to members of the Defence Force who are eligible for a Married Trainee’s Allowance. Specifically, Regulation 4 is amended to include a new sub-regulation (3A), which dictates that for members entitled to this allowance, their annual pay is determined by adding the annual rate of the Married Trainee’s Allowance to their base annual pay (Regulation 4(3)). This amendment applies to service rendered after 13 June 1979. Additionally, Section 3 provides a transitional measure, ensuring that for the period between 7 or 8 June 1979 and 13 June 1979, the annual pay for eligible members is calculated by adding the applicable rate of the Married Trainee’s Allowance to their base pay as stipulated under the previous regulations.
These Regulations impose obligations on the Defence Force to accurately calculate and disburse the annual pay for members who are entitled to a Married Trainee’s Allowance. This includes ensuring that the correct base pay, as defined by Regulation 4(3) or the previous sub-regulations (4(8) or 4(9)), is used in the calculation. The Regulations also require that these calculations be applied consistently across all branches of the Defence Force, with specific attention to the differing start dates for the prescribed period between the Navy/Army and the Air Force.
Failure to comply with these Regulations could lead to financial discrepancies or incorrect payments to Defence Force members. Although the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, breaches of such regulations could potentially result in civil or administrative penalties under the Defence Force Retirement and Death Benefits Act 1973 or other relevant legislation. The precise nature and extent of any penalties would depend on the specific circumstances of the breach and the applicable laws at the time.