Statutory Rules
1976 No. 48
REGULATIONS UNDER THE DEFENCE ACT 1903-1975, THE NAVAL DEFENCE ACT 1910-1975 AND THE AIR FORCE ACT 1923-1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975, the Naval Defence Act 1910-1975 and the Air Force Act 1923-1975.
Dated this fifth day of February, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Defence Force (Salaries) Regulations†
Commencement.
1. These Regulations shall come into operation on 9 February 1976.
Delegations.
2. After regulation 3 of the Defence Force (Salaries) Regulations the following regulation is inserted:—
“ 3a. (1) The Minister may, by writing signed by him, delegate to—
(a) an officer; or
(b) a person for the time being holding or performing the duties of an office in the First, Second or Third Division of the Australian Public Service,
any of his powers or functions under these Regulations, other than this power of delegation.
“ (2) The Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, may by writing signed by him, delegate to an officer who holds a rank not below the rank of Captain in the Australian Navy, Colonel in the Australian Army or Group Captain in the Australian Air Force,
* Notified in the Australian Government Gazette on 6 February 1976.
† 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. 34, 149, 163 and 197; and 1976, Nos. 3 and 13.
as the case may be, any of his powers or functions under these Regulations, other than this power of delegation.
“ (3) A delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister, the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case may be.”.
3. The Defence Force (Salaries) Regulations are amended by omitting regulations 37 and 38 and substituting the following Part:—
“ Part VII—Salary and Allowances Payable to the Chief of
Defence Force Staff.
Rate of salary and special allowance.
“ 36. (1) The annual rate of salary payable to an officer who, pursuant to sub-section 9 (1) of the Defence Act 1903-1975, is appointed to be Chief of Defence Force Staff, is $32,500.
“ (2) An allowance, at the annual rate of $1,750, is payable to an officer who is Chief of Defence Force Staff.
Travelling allowance.
“ 37. (1) An allowance, called “ travelling allowance ”, is payable to an officer who is Chief of Defence Force Staff.
“ (2) The rate at which travelling allowance is payable to an officer who is Chief of Defence Force Staff during any period of absence on duty from his permanent station involving absence from his usual place of residence is $42 per day.”.
Amendments of the Defence Force (Salaries) Regulations.
4. The Defence Force (Salaries) Regulations are amended as set out in the following table:—
Provision | Amendment |
Sub-regulation 2 (1) ........ | Omit “ 8th February, 1973 ”, substitute “ 8 February 1973 ”, |
Sub-regulation 2 (2) ........ | Omit “ Naval Forces and members of ” the “ Military Forces ”, substitute “ Navy and of the Army ”. |
| Omit “ 9th February, 1973 ”, substitute “ 9 February 1973 ”. |
Sub-regulation 4 (1) ........ | Omit from paragraph (d) of the definition of “ child ” the words “ twenty-one” , substitute the figures “ 21 ”. |
| Omit from paragraph (e) of the definition of “ child ” the words “ twenty-one ”, substitute the figures “ 21 ”. |
| Omit from paragraph (a) of the definition of “ dental officer ” the words “ Naval Forces ”, substitute the word “ Navy ”. |
| Omit from paragraph (a) of the definition of “ medical officer ” the words “ Naval Forces ”, substitute the word “ Navy ”. |
| Omit from the definition of “ officer ” the words “ Naval Forces ”, substitute the word “ Navy ”. |
| Omit from the definition of “ recreation leave” the words “ Naval Forces means home service leave, foreign service leave or ”, substitute the words “ Navy includes ”. |
| Omit from the definition of “ sea-going ship ” the words “ Naval Forces ”, substitute the word “ Navy ”. |
| Omit from the definition of “ sea-going ship ” the words “ Service Board ”, substitute the words “ Chief of Staff ”. |
| Omit the definition of “ Service Board ”. |
| Omit paragraphs (a) and (b) of the definition of “ the Service Financial Regulations ”, substitute the following paragraphs:— |
| “ (a) in relation to a member of the Navy—the Naval Financial Regulations; |
| (b) in relation to a member of the Army—the Military Financial Regulations; or ”. |
Provision | Amendment |
Sub-regulation 8 (3) ........ | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”. |
| Omit “ Military Forces ” (wherever occurring), substitute “ Army ”. |
| Omit “ six ” (wherever occurring), substitute “ 6 ”. |
Sub-regulation 8 (4) ........ | Omit from paragraph (b) “ Service Board ”, substitute “ Minister ”. |
Sub-regulation 8 (5) ........ | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”. |
| Omit “ Military Forces ” (wherever occurring), substitute “ Army”, |
Sub-regulation 8 (7) ........ | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”. |
| Omit “ Military Forces ” (wherever occurring), substitute “ Army ”. |
Sub-regulation 10 (2) ....... | Omit from paragraph (e) “ Naval Forces ”, substitute “ Navy ”. |
Sub-regulation 12 (1) ....... | Omit “ fourteen ”, substitute “ 14 ”. |
Sub-regulation 12 (5) ....... | Omit from paragraph (a) “ the Commonwealth ”, substitute “ Australia ”. |
| Omit from paragraph (b) “ the Commonwealth ”, substitute “ Australia ”. |
Sub-regulation 14 (2) ....... | Omit from paragraph (c) “ Naval Forces ”, substitute “ Navy ”. |
Sub-regulation 14 (3) ....... | Omit from paragraph (c) “ seventeen ”, substitute “ 17 ”. |
| Omit paragraph (d), substitute the following paragraph:— “ (d) a Junior Musician in the Navy, or an apprentice Musician in the Army, under the age of 17 years;”. |
| Omit from paragraph (e) “ Naval Forces ”, substitute “ Navy ”. |
Sub-regulation 14a (4) ...... | Omit from paragraph (a) “ $0.80 ”, substitute “ 80 cents ”. |
Sub-regulation 14a (7) ...... | Omit from paragraph (a) “ relevant Service Board ”, substitute “ Minister ”. |
Regulation 14e ........... | Omit from the definition of “ leave year ” the word “ twelve ”, substitute the figures “ 12 ”. |
| Omit the definition of “ recreation leave ”. |
| Omit from the definition of “ week ” the word “ five ”, substitute the figure “ 5 ”. |
Regulation 16 ............ | Omit “ Naval Forces ”, substitute “ Navy ”. |
Sub-regulation 17 (1) ....... | Omit, substitute the following sub-regulation:— |
| “ (1) In this regulation— ‘ diver ’ means a member who has the qualifications required to be held by a diver in the Navy, the Army or the Air Force, as the case requires; |
| ‘ clearance diver ’ means a diver who has the additional qualifications required to be held by a clearance diver in the Navy.”. |
Sub-regulation 17 (2) ....... | Omit “ Military Forces ”, substitute “ Army ”. |
| Omit “ five ”, substitute “ 5 ”. |
Sub-regulation 17 (2a) ...... | Omit “ Naval Forces ”, substitute “ Navy ”. |
Sub-regulation 20 (1) ....... | Omit from the definition “ prescribed voyage ” the words “ twenty-four ” (wherever occurring), substitute the figures “ 24 ”. |
Regulation 35 ............ | Repeal, substitute the following regulation:— |
| “ 35. A determination or approval which had, immediately before the commencement of this regulation, force and effect by virtue of regulation 35, 37 or 38 of the Defence Force (Salaries) Regulations as in force immediately before the commencement of this regulation for the purposes of those Regulations and of certain provisions of the Service Financial Regulations shall have force and effect after the commencement of this regulation as if made immediately after the commencement of this regulation for the purposes of these Regulations and of those provisions of the Service Financial Regulations.”. |
Schedule 1 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Provision | Amendment |
Schedule 2 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Schedule 3 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Schedule 4 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Schedule 5 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Schedule 6 .............. | Omit “ Naval Forces ”, substitute “ Navy ”. |
| Omit “ Military Forces ”, substitute “ Army ”. |
Schedule 7 .............. | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”. |
| Omit “ Military Forces ” (wherever occurring), substitute “ Army ”. |
Schedule 8 .............. | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”. |
| Omit “ Military Forces ”(wherever occurring), substitute “ Army ”. |
Schedule 9 .............. | Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”, |
Schedule 16 ............. | Omit from column 2 of item 2 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from column 2 of item 6 “ Naval Forces ”, substitute “ Navy ”. |
Continuation of declarations, &c.
5. A declaration of a Service Board made before the commencement of this regulation by the Service Board under sub-regulation 4 (1) of the Defence Force (Salaries) Regulations, and in force immediately before the commencement of this regulation, has effect after the commencement of this regulation as if it had been made by the Chief of the General Staff or the Chief of the Air Staff, as the case may be, under sub-regulation 4 (1) of the Defence Force (Salaries) Regulations as amended by these Regulations.