Statutory Rules
1973 No. 203
REGULATIONS UNDER THE DEFENCE ACT 1903-1970, THE NAVAL DEFENCE ACT 1910-1971 AND THE AIR FORCE ACT 1923-1965.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965.
Dated this ninth day of October, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Defence.
Amendments of the Defence Force (Salaries) Regulations†
Schedule 4.
1. The heading to Schedule 4 of the Defence Force (Salaries) Regulations is amended by omitting the words “ARMY ADMINISTRATIVE AND TECHNICAL LIST OFFICERS” and substituting the words “ARMY OFFICERS COMMISSIONED FROM SERGEANT AND ABOVE AND EQUIVALENT RANKS, OTHER THAN GRADUATES OF AN OFFICER CADET SCHOOL,”.
Application of Defence Force (Salaries) Regulations to Army Officers commissioned from Sergeant and above and equivalent ranks other than graduates of an Officer Cadet School.
2. An officer of the Military Forces who—
(a) holds the rank of Lieutenant or Captain;
(b) held immediately before he was commissioned as an officer in the Military Forces, the rank of—
(i) Sergeant or a higher rank in the Military Forces;
(ii) Petty Officer or a higher rank in the Naval Forces; or
(iii) Sergeant or a higher rank in the Air Forces; and
(c) is not a graduate of an Officer Cadet School,
shall, in respect of his service as an officer during the period from and including 9th February, 1973, to and including the day immediately before the commencement of these Regulations, be paid salary at the rate appropriate to an officer described in Schedule 4 of the Defence Force (Salaries) Regulations who holds the same rank as that first-mentioned officer and has served for the same number of years as that first-mentioned officer in that rank.
* Notified in the Australian Government Gazette on 18 October 1973.
† Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132 and 201.
Overview
Statutory Rules 1973 No. 203, made under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965, was enacted to amend the Defence Force (Salaries) Regulations. These Regulations were introduced to ensure that officers in the Military Forces, who were commissioned from the rank of Sergeant or higher and are not graduates of an Officer Cadet School, receive appropriate salary rates based on their rank and years of service. The enactment by the Governor-General, acting on the advice of the Executive Council, signifies the legislative authority and intent to provide equitable remuneration for these officers, reflecting their prior service and rank prior to their commissioning.
Scope and Application
The Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965, made on 9th October 1973, apply specifically to officers of the Military Forces who have been commissioned from the rank of Sergeant or above, including Petty Officers or equivalent ranks, and are not graduates of an Officer Cadet School. The legislation amends the Defence Force (Salaries) Regulations to ensure that these officers are compensated according to the rates specified for officers in Schedule 4, based on their rank and years of service. The Regulations have a national reach, governing compensation practices within the Australian Defence Force, and they apply retroactively from 9th February 1973 up until the commencement of these Regulations. The scope of these amendments is limited to the specified ranks and excludes those who have been commissioned through Officer Cadet Schools, thereby ensuring a specific set of officers within the Military Forces are appropriately compensated according to the outlined criteria.
Key Provisions
The Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971, and the Air Force Act 1923-1965, as detailed in Statutory Rules 1973 No. 203, introduce amendments to the Defence Force (Salaries) Regulations. These amendments primarily affect the application of salary provisions to Army Officers who were commissioned from the rank of Sergeant or above and equivalent ranks, excluding graduates of an Officer Cadet School. Specifically, the heading in Schedule 4 of the Defence Force (Salaries) Regulations has been modified to reflect this change (Schedule 4). Officers who hold the ranks of Lieutenant or Captain and previously held the rank of Sergeant or higher in the Military Forces, Petty Officer or higher in the Naval Forces, or Sergeant or higher in the Air Forces, and who are not graduates of an Officer Cadet School, are entitled to receive salaries according to the rates set out in Schedule 4 for officers with the same rank and years of service (Section 2).
These Regulations impose obligations on eligible officers to ensure they meet the specified criteria for salary adjustment. Officers must verify their rank before and after their commission, their service history, and their educational background to confirm their eligibility for the amended salary provisions. The onus is on these officers to provide accurate documentation to substantiate their claims for the appropriate salary rates. Furthermore, the Defence Force must process these salary adjustments in accordance with the amended regulations, ensuring that all eligible officers are compensated correctly.
Failure to comply with the provisions of these Regulations may result in incorrect salary payments, which could lead to administrative and financial discrepancies. The Regulations do not explicitly state penalties for non-compliance; however, any breaches of related employment or defence statutes could potentially result in disciplinary action, financial penalties, or other legal consequences. It is crucial for both officers and the Defence Force to adhere to these provisions to avoid any adverse outcomes.