STATUTORY RULES
1969 No.
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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1969.*
WHEREAS by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1969 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 the descriptions applicable to whom are referred to in the items inserted in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by regulation 1 of these Regulations has been increased, in the case of members of the Naval Forces and Military Forces, respectively, on and from the fourth day of July, 1969, and, in the case of members of the Air Force, on and from the third day of July, 1969:
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 1948-1969 for the purpose of the definition of “daily rate of pay” in subsection (1.) of section 4 of that Act.
Dated this seventh day of February, 1970
Paul Hasluck
Governor-General.
By His Excellency’s Command.
(SGD) LESLIE BURY
Treasurer.
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Amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations†
The Schedule—Resident Medical Officer.
1. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting item 34 and inserting in its stead the following item:—
“34 | Surgeon Lieutenant (Resident Medical Officer) | Captain (Resident Medical Officer) | Flight Lieutenant (Resident Medical Officer) | 13.66”. |
Application.
2. Regulation 1 of these Regulations has effect and shall be deemed to have taken effect in relation to members of the Naval Forces and Military Forces, respectively, from and including the fourth day of July, 1969, and in relation to members of the Air Force from and including the third day of July, 1969.
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* Notified in the Commonwealth Gazette on 1969.
† 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; and 1969, Nos. 9, 47 and 129.
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Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra
22746/69—Price 5c 10/ 4.11.1969
Overview
The Statutory Rules 1969 No. ______, issued under the Defence Forces Retirement Benefits Act 1948-1969, were enacted to address the need for updated daily rates of pay for members of the Naval Forces, Military Forces, and Air Force. These regulations were made by the Governor-General in accordance with the authority granted under section 88 of the Defence Forces Retirement Benefits Act. The primary objective was to ensure that the daily rates of pay were appropriately adjusted following increases in the pay of specific classes of defence force members. Specifically, these regulations took effect from the fourth day of July, 1969, for members of the Naval Forces and Military Forces, and from the third day of July, 1969, for members of the Air Force. The regulations were aimed at maintaining consistency and fairness in the retirement benefits provided to these service members by aligning the daily rates of pay with the recent changes in their remuneration.
Scope and Application
The Defence Forces Retirement Benefits Act 1948-1969 applies to members of the Australian Defence Force, encompassing the Naval, Military, and Air Forces. These Regulations, made under the authority of the Act, specifically address the definition of "daily rate of pay" in relation to these members, and are intended to reflect the changes in their pay as stipulated in the Act. The application of these Regulations is limited to members of the Naval Forces and Military Forces from 4 July 1969, and members of the Air Force from 3 July 1969. The Regulations are a Commonwealth instrument, thus their jurisdictional reach is national. While the Act itself does not specify exclusions, exemptions, or thresholds, the Regulations provide a clear delineation of the pay rates for certain ranks, such as the Surgeon Lieutenant (Resident Medical Officer), Captain (Resident Medical Officer), and Flight Lieutenant (Resident Medical Officer), with a daily rate of $13.66. The application of the Regulations may be further extended or refined through subordinate instruments, which would need to be consistent with the overarching Act.
Key Provisions
The primary operative sections of this legislative instrument, the Regulations under the Defence Forces Retirement Benefits Act 1948-1969, pertain to the adjustment of daily rates of pay for certain classes of members within the Naval Forces, Military Forces, and Air Force. Specifically, section 1 of the Regulations replaces the existing item 34 in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations with a new item that lists the new daily rates of pay for Surgeon Lieutenant (Resident Medical Officer), Captain (Resident Medical Officer), and Flight Lieutenant (Resident Medical Officer), which is set at 13.66 Australian dollars (section 1). Section 2 of the Regulations stipulates the effective dates for these changes, establishing that the new rates apply to members of the Naval Forces and Military Forces from 4 July 1969, and to members of the Air Force from 3 July 1969 (section 2).
These Regulations impose specific obligations on the relevant parties, primarily focusing on the administration of the new daily rates of pay. The Defence Department and other relevant authorities must ensure that the new rates are correctly applied to the specified classes of members, as outlined in the amended Schedule. This involves updating relevant payroll systems, informing affected personnel of the new rates, and ensuring that any retrospective payments are calculated accurately based on the new rates from the specified dates. The Regulations also require that these changes be communicated effectively to all stakeholders, including the members themselves, to avoid any confusion or disputes regarding their entitlements.
Failure to comply with the provisions of these Regulations may lead to various consequences, though the specific offences and penalties are not detailed within the Regulations themselves. Generally, under the Defence Forces Retirement Benefits Act 1948-1969, non-compliance with regulations may result in administrative actions, such as the withholding of benefits or financial corrections. In more severe cases, breaches may be subject to disciplinary actions under the Defence Force Discipline Act 1982 or other relevant legislation, which could include fines or imprisonment depending on the nature and severity of the breach. The precise penalties would be determined in accordance with the applicable laws and the specific circumstances of any non-compliance.