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

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

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STATUTORY RULES

1972 No. 141

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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT

BENEFITS ACT 1948-1971.*

WHEREAS it is provided by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1971 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 male members referred to in sub-regulation (1.) of regulation 6 of the following Regulations was increased—

(a) in the case of members of the Naval Forces or the Military Forces—from and including the sixteenth day of July, 1971; and

(b) in the case of members of the Air Force—from and including the fifteenth day of July, 1971:

AND WHEREAS the pay of female members referred to in sub-regulation (1.) of regulation 6 of the following Regulations was increased from and including the first day of January, 1972:

NOW THEREFORE I, Sir Paul Meernaa Caedwalla Hasluck, 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 1948-1971 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act.

Dated this seventeenth day of August, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. V. Garland

Minister of State for Supply for and on behalf of the Treasurer

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

Maximum daily rates of pay.

1. Regulation 5 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “or Part III,” and inserting in their stead the words “, Part III. or Part V.”.

* Notified in the Commonwealth Gazette on 1972.

† Statutory Rules 1971, No. 92, as amended by Statutory Rules 1971, Nos. 23 and 143 and 1972, No. 18.

18825/72—Price 8c 10/9.6.1972

Prescribed daily rate—members of the Naval Forces.

2. Regulation 6 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, a reference to the Naval Financial Regulations shrill be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.”.

Prescribed daily rate—members of the Military Forces.

3. Regulation 7 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended—

(a) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) In this regulations a reference to the Military Financial Regulations shall be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.

“(3.) For the purpose of sub-regulation (2.) of regulation 5 of these Regulations, the prescribed daily rate in respect of a male officer is—

(a) in the case of an officer referred to in sub-regulation (4.) of regulation 12 of the Military Financial Regulations—the rate per day specified in the table in that sub-regulation in relation in to the rank that he holds;

(b) in the case of an officer who is a medical officer or a dental officer and is not in receipt of pay in accordance with sub-regulation (3.) of regulation 12aaa of the Military Financial Regulations—the rate per day specified in the table in sub-regulation (2.) of that regulation in relation to the rank that he holds;

(c) in the case of an officer in receipt of pay in accordance with sub-regulation (3.) of regulation 12AAA of the Military Financial Regulations—the rate per day specified in that sub-regulation;

(d) in the case of a male officer who is serving in the Royal Australian Army Nursing Corps—the rate per day specified in the table in regulation 12aab of the Military Financial Regulations in relation to the rank that he holds; or

(e) in the case of any other officer—the rate per day specified in the table in sub-regulation (1.) of regulation 12 of the Military Financial Regulations in relation to the rank that he holds; and

(b) by omitting paragraph (a) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(a) in the case of a female officer who is a medical officer or a dental officer—the rate per day specified in the table in sub-regulation (2.) of regulation 12aaa of the Military Financial Regulations in relation to the rank that she holds:”.

Prescribed daily rate—members, of the Air Force.

4. Regulation 8 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, a reference to the Air Force Regulations shall be read as a reference to those Regulations as in force on the date of commencement of this sub-regulation.”;

(b) by omitting from paragraph (c) of sub-regulation (2.) the word “or” (last occurring); and

“(ca) in the case of a male officer referred to in sub-regulation (7a.) of regulation 543 of the Air Force Regulations— the rate per day specified in the table in that sub-regulation in relation to the rank that he holds; or”.

Second Schedule.

5.—(1.) The Second Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 20 and 21 and inserting in their stead the following items:—

“20.	Captain........	Colonel..........	Group Captain........	42.56
21.	Commander.....	Lieutenant-Colonel...	Wing Commander.....	39.35”.

(2.) The Second Schedule lo the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 28 and 29 and inserting in their stead the following items:—

“28.	.............	Colonel........	Group Officer...	42.56
29.	.............	Lieutenant-Colonel.	Wing Officer....	39.35”.

Application.

6.— (1.) in this regulation, “prescribed officer” means—

(a) an officer of the Medical Branch or Dental Branch of the Naval Forces who holds the rank of Captain or a lower rank and is not in receipt of active pay in accordance with sub-regulation (2.) of regulation 10 of the Naval Financial Regulations;

(b) an officer of the Military Forces who is a medical officer or a dental officer, holds the rank of Colonel or a lower rank and is not in receipt of pay in accordance with sub-regulation (3.) of regulation 12aaa of the Military Financial Regulations;

(c) a male officer of the medical branch of the Permanent Air Force who is a qualified medical or dental practitioner, holds the rank of Group Captain or a lower rank and is not in receipt of active pay in accordance with sub-regulation (4.) of regulation 543 of the Air Force Regulations; or

(d) an officer of the Women’s Royal Australian Air Force who is a qualified medical or dental practitioner and holds the rank of Group Officer or a lower rank.

(2.) Regulations 2, 3, 4 and 5 of these Regulations have effect, and shall be deemed to have taken effect—

(a) in relation to male prescribed officers of the Naval Forces or Military Forces—from and including the sixteenth day of July, 1971; and

(b) in relation to male prescribed officers of the Air Force—from and including the fifteenth day of July, 1971.

(3.) Regulations 2, 3. 4 and 5 of these Regulations have effect, and shall be deemed to have taken effect, in relation to female prescribed officers, from and including the first day of January, 1972.

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

Overview

The Defence Forces Retirement Benefits Act 1948-1971 was enacted to establish a scheme for the payment of benefits to members of the Australian Defence Force upon their retirement. The Act was created to ensure that members of the Defence Forces receive adequate retirement benefits after their service. The Act was enacted by the Commonwealth Parliament, reflecting the federal nature of Australia's legislative framework and the need for a national scheme to support retired defence personnel. The primary policy objective of the Act is to provide financial security to members of the Defence Forces after their retirement, ensuring they can maintain a reasonable standard of living following their service. The Act authorises the Governor-General to make regulations necessary for the implementation and administration of the retirement benefits scheme, including the determination of daily rates of pay for members of the Naval, Military, and Air Forces.

Scope and Application

The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1972, made under the Defence Forces Retirement Benefits Act 1948-1971, apply to members of the Naval Forces, Military Forces, and Air Force, specifically targeting prescribed officers such as those in the Medical Branch or Dental Branch who hold specific ranks and are not receiving certain types of pay. The regulations set out the prescribed daily rates of pay for these officers and make amendments to existing regulations to reflect pay increases that occurred from mid-July 1971 for male officers and from January 1972 for female officers. These regulations are intended to ensure that the daily rates of pay are accurately defined and adjusted in line with changes to the pay of defence force members, thereby affecting the calculation of their retirement benefits. The application of these regulations is national, given their basis under Commonwealth legislation, and they extend to all relevant members of the Australian defence forces across the country. The regulations do not explicitly state any exclusions or thresholds, but they are tailored to the specific circumstances of prescribed officers within the defence forces. Any further specification or exceptions would be determined through subordinate instruments as needed.

Key Provisions

The main operative sections of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1972, as amended, focus on adjusting and defining the daily rates of pay for members of the Naval Forces, Military Forces, and Air Force under the Defence Forces Retirement Benefits Act 1948-1971. Regulation 5 alters the scope of the daily rates of pay to include Part III and Part V, as specified. Regulation 6 modifies the reference to the Naval Financial Regulations, ensuring they are read as in force on the date of commencement of this sub-regulation. Regulation 7 updates the prescribed daily rates for male and female officers of the Military Forces, specifying the rates based on their ranks and conditions of service, as detailed in the Military Financial Regulations. Regulation 8 adjusts the reference to the Air Force Regulations and introduces new rates for male officers, as per the Air Force Regulations. The Second Schedule adjusts the daily rates of pay for specific ranks within the Naval Forces, Military Forces, and Air Force. These regulations impose obligations on the respective forces to ensure that the daily rates of pay are accurately determined and reflected according to the members' ranks and conditions as outlined in the Financial Regulations. For instance, officers must be compensated according to the specified rates, and these rates must be updated in accordance with changes to the Financial Regulations. The regulations also require that the prescribed officers’ rates are applied from specific commencement dates, as detailed in the application sections of the regulations. Violations of these regulations could potentially lead to civil or administrative consequences, as the precise text does not specify criminal penalties. However, non-compliance with the stipulated pay rates could result in legal disputes or claims for incorrect payments. The maximum penalties for breaches are not explicitly stated in the provided text, but such breaches could lead to financial liabilities for the Commonwealth or the relevant force, depending on the severity and impact of the non-compliance.

Area of Law: Military Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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