Statutory Rules
1978 No. 68
REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this fifth day of May 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
—————
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS†
Annual rate of salary payable to officers
Regulation 7 of the Defence Force (Salaries) Regulations is amended—
(a) by omitting from sub-regulation “ sub-regulation (2) ” and substituting “ this regulation ”; and
(b) by adding at the end thereof the following sub-regulations:
“ (3) Subject to sub-regulations (5) and (7), where the rate of salary that would, but for this sub-regulation, be payable to an officer who—
(a) is included in the class of members the description of which is specified in the heading to Schedule 2, 3 or 4; and
(b) was a member immediately before he became an officer,
is less than the rate of salary that was payable to him immediately before he became an officer, the rate of salary payable to him shall be that higher rate.
* Notified in the Commonwealth of Australia Gazette on 10 May 1978.
† Statutory Rules 1973, No. 100 as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; 1974, Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 31, 149, 163 and 197; 1976, Nos. 3, 13, 48, 81, 120, 130, 136, 197, 239 and 263; 1977, Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216; and 1978, Nos. 2, 3, 4 and 50.
“ (4) For the purposes of sub-regulation (3), ‘ salary ’, in relation to a member of the Navy, includes any allowance payable to the member under regulation 40 of the Naval Financial Regulations.
“ (5) Subject to sub-regulation (7), where a member—
(a) is included in the class of members the description of which is specified in the heading to Schedule 2 or 3; and
(b) was, immediately before he was included in that class of members, paid salary at a rate fixed in accordance with sub-regulation 9 (2) or 9 (3),
and that rate, less the rate at which service allowance was payable to him before he became a member to whom sub-regulation 9 (2) or 9 (3) applied, is higher than the rate of salary that would, but for this sub-regulation, be payable to him, the member shall be paid salary at a rate equal to the rate of salary referred to in paragraph (b) less the rate at which service allowance was payable to him immediately before he became a member to whom sub-regulation 9 (2) or 9 (3) applied.
“ (6) Where—
(a) an officer of the Navy, being an officer of the Special Duties List, becomes an officer of the General List; and
(b) the rate of salary payable to him immediately before he became an officer of the General List is higher than the rate of salary that would, but for this sub-regulation, be payable to him,
the rate of salary payable to that officer is that higher rate.
“ (7) Where an officer—
(a) is included in the class of members the description of which is specified in the heading to Schedule 2, 3 or 4;
(b) holds a rank other than a rank in respect of which only one rate of salary is specified in that Schedule; and
(c) would, but for this sub-regulation, be entitled to be paid a rate of salary fixed in accordance with sub-regulation (3) or (5),
and that rate—
(d) does not exceed the maximum rate specified in that Schedule in relation to that rank; and
(e) is not equal to any of the rates specified in that Schedule in relation to that rank,
the rate of salary payable to the officer shall be the rate specified in that Schedule in relation to that rank that is next higher than that first-mentioned rate.
“ (8) For the purposes of these Regulations, where an officer—
(a) is included in the class of members the description of which is specified in the heading to Schedule 2, 3 or 4;
(b) holds a rank other than a rank in respect of which only one rate of salary is specified in that Schedule; and
(c) is entitled to be paid a rate of salary fixed in accordance with sub-regulation (3), (5) or (7), being a rate of salary that exceeds the maximum rate of salary, or that equals one of the rates of salary, specified in that Schedule in relation to that rank,
the officer shall be deemed to have completed, on appointment to that rank, the number of years service in that rank that he would have been required to have completed before he would, but for sub-regulation (3), (5) or (7), have become entitled to be paid salary at—
(d) where the officer is paid at a rate equal to or exceeding the maximum rate specified in that Schedule in relation to that rank—that maximum rate; and
(e) where the officer is paid at a rate less than the maximum rate specified in that Schedule in relation to that rank—the rate at which the officer is paid.”.