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

Legislation au C1966L00037 Regulations Not in force Legislative Instrument

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STATUTORY RULES

 

1966 No. 37

__________

 

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

 

WHEREAS by sub-section (1.) of section 88 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 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 holding a rank and appointment set out in an item inserted in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by regulation 1 of the following Regulations has been increased, in the case of members of the Permanent Air Force, on and from the eighth day of July, 1965, and, in the case of members of the Permanent Naval Forces and of members of the Permanent Military Forces, on and from the ninth day of July, 1965:

And whereas the pay of members the ranks and descriptions applicable to whom are set out in the Parts inserted in the Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by regulation 2 of the following Regulations has been increased, in the case of members of the Permanent Air Force, on and from the eighth day of July, 1965, and, in the case of members of the Permanent Naval Forces and of members of the Permanent Military Forces, on and from the ninth day of July, 1965:

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 1948-1965 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act.

Dated this third day of February, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

 

 

 

Treasurer.

_____________________________________________________________________________

* Notified in the Commonwealth Gazette on 10 February 1966.

467/66.—Price 6d. (5c)  9/21.1.1966


Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations

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

The schedule.

1. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 4 and 5 of Part I. and inserting in their stead the following items:—

“4. Rear-Admiral........

Major-General..

Air Vice-Marshal

15

12

9

“5. Captain (Special Rate)..

Brigadier......

Air Commodore....

13

6

2”.

The schedule.

2. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended—

(a) by omitting Part III. and inserting in its stead the following Part:—

Part III.

Male Medical and Dental Officers

29. Rear-Admiral............

Major-General.......

Air Vice-Marshal

15

12

9

30. Captain (Special Rate)

Brigadier..........

Air Commodore

14

9

6

31. Surgeon Captain..........

Colonel...........

Group Captain....

13

11

2

32. Surgeon Commander

Lieutenant-Colonel

Wing Commander

12

5

3

33. Surgeon Lieutenant-Commander

Major.............

Squadron Leader

10

16

11

34. Surgeon Lieutenant

Captain...........

Flight Lieutenant

9

3

7

(b) by omitting Part V. and inserting in its stead the following Part:—

Part V.

Female Medical Officers

41......................

Colonel...........

Group Officer....

13

0

2

42......................

Lieutenant-Colonel

Wing Officer.....

11

14

3

43......................

Major.............

Squadron Officer

10

5

11

44......................

Captain...........

Flight Officer....

8

12

7

Application.

3. The last two preceding regulations have effect, and shall be deemed to have taken effect—

(a) in relation to the members of the Permanent Air Force the ranks and descriptions applicable to whom are inserted in the Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by those regulations—from and including the eighth day of July, 1965; and

(b) 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 so inserted in that Schedule—from and including the ninth day of July, 1965.

________________________________________________________________________________

† Statutory Rules 1953, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; 1964, Nos. 79, 113 and 163; and 1965, Nos. 20, 38 and 130.

 

 

 

 

 

_______________________

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

Overview

The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1966, enacted by the Governor-General, aim to align the daily rates of pay for members of the Australian Defence Force with the changes in their official pay scales, effective from July 1965. This legislative instrument was developed under the authority provided by the Defence Forces Retirement Benefits Act 1948-1965, which empowers the Governor-General to make regulations necessary for implementing the Act. The primary objective of these regulations is to ensure that the daily rates of pay for various ranks and appointments within the Defence Force are accurately defined and adjusted in accordance with the recent pay changes. The policy objective is to maintain fairness and consistency in the retirement benefits structure by reflecting the updated pay scales for Defence Force members.

Scope and Application

The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, 1966, made under the Defence Forces Retirement Benefits Act 1948-1965, pertain specifically to members of Australia's Permanent Air Force, Permanent Naval Forces, and Permanent Military Forces. These Regulations are designed to update the daily rates of pay for various ranks within these forces, effective from specified dates in July 1965. The Regulations amend the Schedule of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations to reflect new pay rates for a range of ranks, including those of Rear-Admiral, Major-General, Air Vice-Marshal, and other military positions. The changes apply to the respective forces from the dates specified, with the adjustments taking effect from the eighth of July 1965 for the Permanent Air Force and the ninth of July 1965 for the Permanent Naval Forces and Permanent Military Forces. These Regulations ensure that the daily rates of pay are aligned with the legislative requirements and any amendments to the pay of the relevant military personnel.

Key Provisions

The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1966 (C1966L00037) primarily focus on adjusting the daily rates of pay for various ranks within the Permanent Air Force, Permanent Naval Forces, and Permanent Military Forces as of specific dates in July 1965. These amendments are detailed in the Schedule to the Regulations, which replaces the existing items 4 and 5 of Part I, and inserts new items to reflect updated pay scales (regulation 1). Additionally, the Regulations revise Part III and Part V of the Schedule, which pertain to male and female medical and dental officers, respectively, to update their daily rates of pay (regulation 2). These changes are effective from 8 July 1965 for members of the Permanent Air Force and from 9 July 1965 for members of the Permanent Naval Forces and Permanent Military Forces (regulation 3). The Regulations impose specific obligations on the Defence Force personnel whose pay scales have been amended. These personnel are required to adhere to the new daily rates of pay as defined in the amended Schedule. The changes in pay rates are retrospective, meaning they take effect from the specified dates in July 1965, and all calculations of retirement benefits or other entitlements must reflect these updated rates from those dates onward. The Regulations ensure that the financial benefits are accurately aligned with the current pay scales, thereby providing a clear and updated framework for the calculation of retirement benefits. In terms of consequences for non-compliance, the Regulations themselves do not explicitly detail specific offences, penalties, or legal consequences for breaches. However, under the Defence Forces Retirement Benefits Act 1948-1965, which these Regulations are made pursuant to, any failure to comply with the provisions of the Act or the Regulations could potentially lead to legal actions. These might include civil penalties or other enforcement measures as deemed appropriate by the relevant authorities. The precise penalties would be determined in accordance with the broader legislative framework and any applicable laws concerning the enforcement of statutory provisions.

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