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

Legislation au C1973L00261 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 261

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

WHEREAS it is provided by sub-section 131 (1) of the Defence Forces Retirement and Death Benefits Act 1973 that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act:

AND WHEREAS by sub-section 131 (2) of that Act it is provided that where the pay of a class of members of the Defence Force is increased or reduced, regulations for the purpose of the definition of “ annual rate of pay ” in section 3 of that Act in relation to members of the Defence Force included in that class made after the date on and from which the increase or reduction took effect may be expressed to have taken effect from and including that date:

AND WHEREAS the pay of members, being members the description applicable to whom are set out in items 1 and 2 of Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations was increased from and including 1 April 1973:

AND WHEREAS the pay of members of the Defence Force, the descriptions applicable to whom are set out in items 3, 4 and 5 of Schedule 2 and Schedules 3 and 4 to those Regulations was increased—

(a) in the case of members of the Naval Forces or the Military Forces—from and including 1 June 1973; and

(b) in the case of members of the Air Force—from and including 31 May 1973:

AND WHEREAS the pay of members of the Defence Force, being members the descriptions applicable to whom are set out in items 3, 4 and 5 of Schedule 2 to those Regulations was again increased—

(a) in the case of members of the Naval Forces or the Military Forces—from and including 24 August 1973; and

(b) in the case of members of the Air Force—from and including 23 August 1973:

* Notified in the Australian Government Gazette on 12 December 1973.


NOW THEREFORE I, the Governor-General of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973 for the purposes of the definition of “ annual rate of pay ” in sub-section 3 (1) of that Act.

Dated this eleventh day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LANCE BARNARD

Minister of State for Defence.

Amendments of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations*

Schedule 2.

1. (1) Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 1 and 2 and substituting the following items:—

“ 1. Admiral (Chairman, Chiefs of Staff Committee)

 General (Chairman, Chiefs of Staff Committee)

 Air Chief Marshal (Chairman, Chiefs of Staff Committee)

26,700

2. Vice-Admiral (The First Naval Member of the Naval Board)

 Lieutenant-General (Chief of the General Staff)

 Air Marshal (Chief of the Air Staff)

25,850 ”

(2) Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting items 3, 4 and 5 and substituting the following items:—

“ 3. Rear-Admiral ......

 Major-General.........

 Air Vice-Marshal.......

22,655

4. Commodore ........

 Brigadier ............

 Air Commodore.......

19,085

5.Captain to whom sub-regulation 15 (6) of the Naval Financial Regulations applies

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

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

19,085 ”

(3) Sub-regulation (1) has effect and shall be deemed to have taken effect in relation to members of the Defence Force, the descriptions applicable to whom are set out in item 1 or 2 of Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations, from and including 1 April 1973.

(4) Sub-regulation (2) has effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces, the descriptions applicable to whom are set out in item 3, 4 or 5 of Schedule 2 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations—from and including 24 August 1973; and

(b) in relation to members of the Air Force, the descriptions applicable to whom are set out in those items—from and including 23 August 1973.

* Statutory Rules 1973, No. 188.


Schedules 3 and 4.

2. (1) 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 Regulation 4 (7)

Chaplains

Column 1

Column 2

Column 3

Column 4

Naval Forces

Military Forces

Air Force

Annual Pay

 

 

 

$

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

 Chaplain-General........

 Principal Air Chaplain ....

13,421

2. 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

13,027

3. 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

12,301

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

10,848

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

 Chaplain, Fourth Class ....

 Chaplain with less than 4 years’ service as a Chaplain

9,331

SCHEDULE 4  Regulation 4 (8)

Members undergoing training

Item No.

Training Capacities

Annual Pay

 

 

$

1

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

3,940

2

 Trainees including Ordinary Seamen in the Naval Forces who have not completed their category training—

 

 

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

4,141

 

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

4,728

3

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

 

 

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

2,487

 

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

2,487

 

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

3,391

 

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

3,978

4

 Junior Recruits in the Naval Forces—

 

 

 1st year or 2nd year if under the age of 17 ..........................

1,890

5

 Royal Military College Cadets, Air Cadets at the Air Force Academy and Cadet Midshipmen who have entered the Royal Australian Naval College by way of Senior Entry—

 

 

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

3,082

 

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

3,082

 

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

3,434

 

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

3,785

 

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

4,137

 

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

4,489

6

 Cadet Midshipmen who have entered the Royal Australian Naval College by way of Junior Entry—

 

 

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

2,100

 

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

2,415

 

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

3,082

 

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

3,082

 

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

3,434

 

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

3,785

7

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

 

 

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

3,082

 

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

3,434

 

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

3,785


Schedule 4continued

Item No.

Training Capacity

Annual pay

 

 

$

8

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

 

 

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

2,415

 

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

3,082

 

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

3,082

 

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

3,434

9

 Male Officer Trainees—

 

 

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

3,434

 

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

3,785

10

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

2,747

 

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

3,028

11

 Midshipmen (Supplementary List)—

 

 

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

3,434

 

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

3,785

(2) Sub-regulation (1) has effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces, the descriptions applicable to whom are set out in Schedule 3 and 4 to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by these Regulations—from and including 1 June 1973; and

(b) in relation to members of the Air Force the descriptions applicable to whom are set out in those Schedules—from and including 31 May 1973.

Special annual rate of pay.

3. (1) For the purposes of the definition of “ annual rate of pay ” in subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973, the annual rate of pay of a member of the Defence Force referred to in the following table in respect of service—

(a) in the case of a member of the Naval Forces or the Military Forces during the period from and including 1 June 1973 to and including 23 August 1973; or

(b) in the case of a member of the Air Force—during the period from and including 31 May 1973 to and including 22 August 1973,

is the rate specified in column 4 of that table opposite to the description of the member in column 1, 2 or 3 of that table, whichever is applicable to the member.

Column 1

Column 2

Column 3

Column 4

Naval Forces

Military Forces

Air Force

Annual Pay

 

 

 

$

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

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

Air Vice-Marshal........

19,505

Commodore ...........

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

Air Commodore.........

16,433

Captain to whom sub-regulation 15 (6) of the Naval

Financial Regulations applies

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

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

16,433

 

 

 

(2) Sub-regulation (1) has effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces referred to in that sub-regulation—from and including 1 June 1973; and

(b) in relation to members of the Air Force referred to in that sub-regulation—from and including 31 May 1973.

Overview

The Defence Force Retirement and Death Benefits Act 1973 was enacted to establish a comprehensive retirement and death benefits scheme for members of the Australian Defence Force, addressing the need for a structured system to support service personnel after their active duty. This legislation was enacted by the Australian Parliament to ensure that Defence Force members and their families receive adequate financial support when members retire or in the event of death during service. The Regulations under the Act, specifically Statutory Rules 1973 No. 261, were made to further define and refine the application of the Act, particularly in relation to the annual rates of pay for various Defence Force members. These regulations were designed to keep pace with changes in pay scales and to ensure that the benefits provided under the Act are aligned with the current remuneration of Defence Force personnel. The overarching policy objective of these regulations is to maintain the integrity and fairness of the benefits system, ensuring that it reflects the evolving nature of Defence Force service and the associated remuneration.

Scope and Application

The Defence Force Retirement and Death Benefits Regulations 1973, made under the Defence Force Retirement and Death Benefits Act 1973, primarily apply to members of the Australian Defence Force, specifically detailing adjustments to their annual rates of pay. The scope of the Regulations extends to different categories of Defence Force members, including various ranks within the Naval Forces, Military Forces, and Air Force, as well as chaplains and trainees. These Regulations are designed to reflect changes in the pay rates of Defence Force members as a result of legislative amendments, ensuring that the annual rate of pay is accurately defined for the purposes of the Act. The Regulations also provide specific rates for members undergoing training and those in certain positions, such as chaplains, and address transitional pay rates for certain periods. The Regulations have a national reach, as they apply to the entire Defence Force across Australia, and they supersede previous regulations by repealing and substituting them with updated schedules and rates. There are no stated exclusions or exemptions within the Regulations, and their application is further extended through subordinate instruments to ensure all necessary details are covered for the implementation of the Defence Force Retirement and Death Benefits Act 1973.

Key Provisions

The Statutory Rules 1973 No. 261, under the Defence Force Retirement and Death Benefits Act 1973, provide for the regulation of annual rates of pay for members of the Australian Defence Force. Section 1 of Schedule 2 of the Regulations sets out the annual rates of pay for high-ranking officers, such as Admirals, Generals, and Air Chief Marshals, while Section 2 of Schedule 2 outlines the rates for lower-ranked officers, including Rear-Admirals, Major-Generals, and Air Vice-Marshals, among others. Additionally, Schedules 3 and 4 detail the annual pay rates for chaplains and members undergoing various training programs. The Regulations impose obligations on the Defence Force to ensure that the correct annual rates of pay are applied to the relevant categories of Defence Force members. These obligations include the timely and accurate calculation and payment of salaries in accordance with the specified rates. The Regulations also require that any changes to the pay rates be implemented as specified, ensuring that the increases or reductions in pay are backdated to the effective dates provided. Breaches of these Regulations could potentially lead to legal consequences. Specifically, the Defence Force may be held liable for underpayment or overpayment of salaries if they fail to adhere to the prescribed pay rates. This could result in financial penalties or legal action by affected Defence Force members. Furthermore, the Regulations may provide for specific offences, such as fraudulent claims for pay or willful non-compliance with pay regulations, which could lead to criminal charges and penalties. The exact nature and severity of these consequences would depend on the specific provisions of the Defence Force Retirement and Death Benefits Act 1973 and any related legislation.

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