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

Legislation au C1971L00021 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1970.*

WHEREAS by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1970 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 purposes of the definition of “daily rate of pay” in sub-section (1.) of section 4 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 the descriptions applicable to whom are referred to in items 23, 24, 25, 26 and 27 in the First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations has been increased, in the case of members of the Naval Forces or the Military Forces, on and from the eleventh day of September, 1970, and, in the case of members of the Air Force, on and from the tenth day of September, 1970:

AND WHEREAS the pay of members the descriptions applicable to whom are referred to in items 18 to 22 (inclusive) and items 46 to 49a (inclusive) in the First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations as amended by these Regulations has been increased, in the case of members of the Naval or Military Forces, on and from the twenty-fifth day of September, 1970, and, in the case of members of the Air Force, on and from the twenty-fourth day of September, 1970:

NOW THEREFORE I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1970 for the purpose of the definition of “daily rates of pay” in sub-section (1.) of section 4 of that Act.

Dated this fifth day of February, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgn.) Leslie Bury

Treasurer.

* Notified in the Commonwealth Gazette on  1971.

26600/70—Price 8c  10/11.1.1971


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

First Schedule

1.—(1.) The First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 18 to 22 (inclusive) of Part I. and inserting in their stead the following items:—

“18....................

Royal Military College Cadet undergoing fourth year training

Air Cadet undergoing fourth year training at the Air Force Academy

6.69

18a.....................

Royal Military College Cadet undergoing third year training

Air Cadet undergoing third year training at the Air Force Academy

 

 

 

Air Cadet undergoing fourth year training other than at the Air Force Academy

6.32

19. Cadet Midshipman (other than a Cadet Midshipman described in items 19a or 22)

Royal Military College Cadet undergoing first or second year training

Air Cadet undergoing first or second year training at the Air Force Academy

 

 

 

Air Cadet undergoing second or third year training other than at the Air Force Academy

5.95

19a. Cadet Midshipman Junior Entry undergoing second year training

 

Air Cadet undergoing first year training other than at the Air Force Academy

4.87

20. Acting Sub-Lieutenant (Undergraduate)

Any other Lieutenant (Undergraduate)

Any other Pilot Officer (Student)

4.49

21. Midshipman (Undergraduate)

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

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

4.01

22. Cadet Midshipman Junior Entry undergoing first year training

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

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

3.78”.

(2.) The First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is intended by omitting items 23 to 27 (inclusive) of Part II. and inserting in their stead the following items:—

“23....................

Chaplain-General

Principal Air Chaplain

24.82

24. 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 in that rank

24.05

25. 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 in that rank

21.97

26. 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 in that rank

19.23

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

Chaplain, Fourth Class

Chaplain with less than 4 years’ service in that rank

16.82”.

† Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; 1964, Nos. 79, 113 and 163; 1965, Nos. 20, 38, 130 and 160; 1966, Nos. 37, 42 and 133; 1967, Nos. 25 and 119; 1968, Nos. 17, 81, 94, 105 and 163; 1969, Nos. 9, 47, 129 and 149; and 1970, Nos. 15, 54, 188 and 191.


(3.) The First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 46 to 49 (inclusive) and inserting in their stead the following items:—

“46. Junior Musician who has not attained the age of 17 years

Apprentice Musician who has not attained the age of 17 years

 

3.63

Junior Recruit who has not attained the age of 17 years

47. Junior Musician who has attained the age of 17 years

Apprentice Musician who has attained the age of 17 years

 

5.45

Junior Recruit who has attained the age of 17 years

 

 

 

 

47a.

 

Aircrew Trainee

7.21

48. Apprentice during first and second year training

Apprentice Tradesman during first and second year training

Apprentice Airman during first and second year training

3.82

49. Apprentice during third year training

Apprentice Tradesman during third year training

Apprentice Airman during third year training

5.73

49a. Apprentice during fourth year training

Apprentice Tradesman during fourth year training

Apprentice Airman during fourth year training

6.90”.

Application.

2.—(1.) Sub-regulations (1.) and (3.) of the last preceding regulation have effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces— from and including the twenty-fifth day of September, 1970; and

(b) in relation to members of the Air Force—from and including the twenty-fourth day of September, 1970.

(2.) Sub-regulation (2.) of the last preceding regulation has effect and shall be deemed to have taken effect—

(a) in relation to members of the Naval Forces or the Military Forces— from and including the eleventh day of September, 1970; and

(b) in relation to members of the Air Force—from and including the tenth day of September, 1970.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. Regulations Under the Defence Forces Retirement Benefits Act 1948-1970 were enacted to update the daily rates of pay for various categories of military personnel under the Defence Forces Retirement Benefits Act 1948-1970. These regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The objective of these regulations is to ensure that the daily rates of pay are adjusted in accordance with recent increases in pay for certain classes of military members. This is a necessary measure to maintain the relevance and fairness of the retirement benefits system as it pertains to changes in the remuneration of the Defence Forces personnel. The regulations address the gap arising from the recent increases in the pay of members of the Naval Forces, Military Forces, and Air Force, which necessitated an update to the daily rates of pay as defined in the Defence Forces Retirement Benefits Act 1948-1970. By amending the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, the enacting body ensures that the retirement benefits are accurately calculated based on the current pay rates. The regulations aim to reflect the most recent changes in pay effectively, ensuring that the benefits provided to military personnel remain aligned with their current compensation.

Scope and Application

The Defence Forces Retirement Benefits Act 1948-1970, as amended by Statutory Rules 1971 No. REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1970, applies to members of the Australian Defence Force, including the Naval Forces, Military Forces, and Air Force. The regulations specifically address the definition of "daily rates of pay" in relation to various categories of service members, as outlined in the First Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations. The updated regulations provide new daily rates of pay for different classes of service members, effective from specified dates in September 1970, which are differentiated based on the force and the date of pay increase. These regulations ensure that the daily rates of pay are updated and applied consistently across different categories of service members, reflecting changes in their pay. The application of these regulations is limited to the Commonwealth of Australia, and they are made under the authority of the Defence Forces Retirement Benefits Act 1948-1970, with the amendments taking effect from the specified dates for each category of service members.

Key Provisions

The key operative sections of these regulations, made under the Defence Forces Retirement Benefits Act 1948-1970, relate to the amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, particularly in the First Schedule (1). The regulations update the daily rates of pay for various categories of defence force members, including cadets, chaplains, musicians, and trainees. These amendments reflect the increases in pay that took effect on specific dates in September 1970 for different categories of defence force members. The regulations impose obligations on the relevant parties, specifically requiring updated daily rates of pay to be applied to the affected members of the Naval Forces, Military Forces, and Air Force. These updated rates must be used for the purposes of calculating retirement benefits under the Defence Forces Retirement Benefits Act 1948-1970. The regulations also detail the effective dates for these amendments, ensuring that the new pay rates apply from the correct dates for each category of member. There are no explicit offences, penalties, or consequences for breach outlined in the regulations themselves. However, non-compliance with these regulations could potentially result in incorrect calculations of retirement benefits, which could lead to disputes or legal challenges under the Defence Forces Retirement Benefits Act 1948-1970. The consequences of such errors would depend on the specific circumstances and the applicable provisions of the primary Act. The primary Act does not specify maximum penalties for non-compliance with these regulations, but any breaches could be subject to the general provisions of administrative law or specific penalties outlined in the Defence Forces Retirement Benefits Act 1948-1970.

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