Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations (Amendment)

STATUTORY RULES

1965 No. 130

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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT
BENEFITS ACT 1948-1965.*

Whereas by sub-section (1.) of section eighty-eight of the Defence Forces Retirement Benefits Act 1948-1965 it is provided 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 (2.) of that section it is provided that where the pay of any class of members is increased or reduced, regulations for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act in relation to members included within 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 female medical officers, male medical officers or male dental officers) has been increased from and including the twenty-first day of April, 1964:

And whereas—

(a) the pay of members (being members referred to in the last preceding recital) has been further increased; and

(b) the pay of members (being chaplains or female officers other than female medical officers) has been increased,

in the case of members of the Permanent Naval Forces or the Permanent Military Forces, from and including the twenty-sixth day of June, 1964, and, in the case of members of the Permanent Air Force, from and including the twenty-fifth day of June, 1964:

And whereas it is provided by section sixteen A of the Acts Interpretation Act 1901-1964 that where, in an Act, the Governor-General is referred to, the reference shall, unless the contrary intention appears, be deemed to include the person for the time being administering the Government of the Commonwealth and shall, unless the contrary intention appears, be read as referring to a person so deemed to be included in the reference acting with the advice of the Federal Executive Council:

Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive

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* Notified in the Commonwealth Gazette on 9 September, 1965.

7857/65.—Price 9d. (8c)  10/20.8.1965.

Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1965 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act.

Dated this second

day of September, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Treasurer.

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Amendments of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations*

Maximum daily rates of active pay of members.

1. Regulation 2 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting the words “, subject to the next succeeding regulation,”.

Maximum daily rates of active pay of certain members.

2. Regulation 3 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is repealed.

The Schedule.

3.—(1.) The Schedule to the Defence Forces Retirement (Daily Rates of Pay) Regulations is amended by omitting from Part I. the words—

“Male Officers, other than Chaplains.”

and inserting in their stead the words—

“Male Officers, other than—

(a) Chaplains;

(b) Medical Officers; and

(c) Dental Officers.”.

(2.) The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting item 12.

(3.) The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting Parts II. and III. and inserting in their stead the following Parts:—

* Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; 1964, Nos. 79, 113; and 1965, Nos. 20 and 38.

Application.

4. The last preceding regulation has effect, and shall be deemed to have taken effect—

(a) in relation to the members of the Permanent Naval Forces and in relation to the members of the Permanent Military Forces the ranks and descriptions applicable to whom are inserted in the Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by the last preceding regulation—from and including the twenty-sixth day of June, 1964; and

(b) in relation to the members of the Permanent Air Force the ranks and descriptions applicable to whom are so inserted in that Schedule—from and including the twenty-fifth day of June, 1964.

Daily rates of pay for certain members in respect of a certain period.

5.—(1.) Notwithstanding the provisions of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of the Defence Forces Retirement Benefits Act 1948-1963, the maximum daily rate of active pay of a member (being a female medical officer, male medical officer or male dental officer) in respect of the period from and including the twenty-first day of April, 1964, to and including, in the case of members of the Permanent Naval Forces or the Permanent Military Forces, the twenty-fifth day of June, 1964, and, in the case of members of the Permanent Air Force, the twenty-fourth day of June, 1964, are the amounts specified in Column 4 of the following table opposite to the rank and description of the member set out in Column 1, Column 2 or Column 3, as the case may be, of that table.

(2.) The last preceding sub-regulation has effect, and shall be deemed to have taken effect, from and including the twenty-first day of April, 1964.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.