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

Legislation au C1968L00163 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1968 No. 163

________

 

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1968.*

WHEREAS by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1968 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 included in a class of members referred to in a paragraph of sub-regulation (1.) of regulation 4 of the following Regulations has been increased or reduced as set out in that sub-regulation:

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 1948-1968 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act.

Dated this nineteenth day of December, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

 

Treasurer.

_______

 

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—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) 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 1948-1968—

(a) the maximum daily rate of active pay of an officer (including a chaplain) the description applicable to whom is referred to in Part I., Part II., Part III., Part IV. or Part V.

____________________________________________________________________________________

* Notified in the Commonwealth Gazette on 23 December 1968.

† 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; and 1968, Nos. 17, 81, 94 and 105.

26737/68—Price 10c 10/10.12.1968


of the Schedule to these Regulations is the amount specified in column 4 of that Schedule opposite to the description of the officer referred to in column 1, column 2 or column 3, as the case may be, of that Schedule;

(b) the maximum daily rate of active pay of a member, other than an officer, the description applicable to whom is referred to in Part VI. or Part VII. of the Schedule to these Regulations is the amount specified in column 4 of that Schedule opposite to the description of the member referred to in column 1, column 2 or column 3, as the case may be, of that Schedule; and

(c) the maximum daily rate of active pay of a member, other than an officer, who is included in a group other than Group 1, Group 2, Group 3, Group 4, Group 5, Group 6 or Group 7 is an amount that exceeds by 25 cents the amount applicable by virtue of these Regulations to a male member or a female member, as the case may be, having the same rank and included in the group having the number next lower than the number of the group in which the member is included.”; and

(b) by omitting from paragraph (b) of sub-regulation (2.) the word and figure “Group 3” and inserting in their stead the word and figure “Group 4”.

Reference to Artificer, Artisan or Mechanician.

2. After regulation 4 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations the following regulation is inserted:—

“5. In these Regulations—

(a) a reference to Chief Petty Officer shall be read as including a reference to—

(i) Chief Artificer;

(ii) Artificer, First Class;

(iii) Chief Artisan;

(iv) Chief Mechanician; and

(v) Mechanician, First Class;

(b) a reference to Petty Officer shall be read as including a reference to—

(i) Artificer, Second Class;

(ii) Artisan, First Class; and

(iii) Mechanician, Second Class; and

(c) a reference to Leading Seaman shall be read as including a reference to—

(i) Artificer, Third Class; and

(ii) Artisan, Second Class.”.

The Schedule.

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

Part VI.

Male Members, other than Officers

$

43. Group 1—Chief Petty Officer (Special Rate)

Group 1—Warrant Officer (Class I.)

Group 1—Warrant Officer

9.02

44. Group 2—Chief Petty Officer (Special Rate)

Group 2—Warrant Officer (Class I.)

Group 2—Warrant Officer

9.30

45. Group 3—Chief Petty Officer (Special Rate)

Group 3—Warrant Officer (Class I.)

Group 3—Warrant Officer

9.54


Part VI.—continued

Male Members, other than Officere—continued

$

46. Group 4—Chief Petty Officer (Special Rate)

Group 4—Warrant Officer (Class I.)

Group 4—Warrant Officer

9.76

47. Group 5—Chief Petty Officer (Special Rate)

Group 5—Warrant Officer (Class I.)

Group 5—Warrant Officer

9.98

48. Group 6—Chief Petty Officer (Special Rate)

Group 6—Warrant Officer (Class I.)

Group 6—Warrant Officer

10.22

49. Group 7—Chief Petty Officer (Special Rate)

Group 7—Warrant Officer (Class I.)

Group 7—Warrant Officer

10.45

50. Group 1—Chief Petty Officer

Group 1—Warrant Officer (Class II.)

Group 1—Flight Sergeant

8.68

51. Group 2—Chief Petty Officer

Group 2—Warrant Officer (Class II.)

Group 2—Flight Sergeant

8.95

52. Group 3—Chief Petty Officer

Group 3—Warrant Officer (Class II.)

Group 3—Flight Sergeant

9.19

53. Group 4—Chief Petty Officer

Group 4—Warrant Officer (Class II.)

Group 4—Flight Sergeant

9.42

54. Group 5—Chief Petty Officer

Group 5—Warrant Officer (Class II.)

Group 5—Flight Sergeant

9.63

55. Group 6—Chief Petty Officer

Group 6—Warrant Officer (Class II.)

Group 6—Flight Sergeant

9.88

56. Group 7—Chief Petty Officer

Group 7—Warrant Officer (Class II.)

Group 7—Flight Sergeant

10.10

57..................

Group 1—Staff Sergeant

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

8.40

58..................

Group 2—Staff Sergeant

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

8.68

59..................

Group 3—Staff Sergeant

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

8.91

60..................

Group 4—Staff Sergeant

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

9.14

61..................

Group 5—Staff Sergeant

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

9.35

62..................

Group 6—Staff Sergeant

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

9.60

63..................

Group 7—Staff Sergeant

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

9.82

64. Group 1—Petty Officer

Group 1—Sergeant........

Group 1—Sergeant.......

7.94

65. Group 2—Petty Officer

Group 2—Sergeant........

Group 2—Sergeant.......

8.22

66. Group 3—Petty Officer

Group 3—Sergeant........

Group 3—Sergeant.......

8.45

67. Group 4—Petty Officer

Group 4—Sergeant........

Group 4—Sergeant.......

8.68

68. Group 5—Petty Officer

Group 5—Sergeant........

Group 5—Sergeant.......

8.89

69. Group 6—Petty Officer

Group 6—Sergeant........

Group 6—Sergeant.......

9.14

70. Group 7—Petty Officer

Group 7—Sergeant........

Group 7—Sergeant.......

9.36

71. Group 1—Leading Seaman

Group 1—Corporal.......

Group 1—Corporal.......

7.01

72. Group 2—Leading Seaman

Group 2—Corporal.......

Group 2—Corporal.......

7.28

73. Group 3—Leading Seaman

Group 3—Corporal.......

Group 3—Corporal.......

7.55

74. Group 4—Leading Seaman

Group 4—Corporal.......

Group 4—Corporal.......

7.77

75. Group 5—Leading Seaman

Group 5—Corporal.......

Group 5—Corporal.......

7.99

76. Group 6—Leading Seaman

Group 6—Corporal.......

Group 6—Corporal.......

8.24

77. Group 7—Leading Seaman

Group 7—Corporal.......

Group 7—Corporal.......

8.46

78..................

Group 1—Lance Corporal

Group 1—Leading Aircraftman

6.49

79..................

Group 2—Lance Corporal

Group 2—Leading Aircraftman

6.79

80..................

Group 3—Lance Corporal

Group 3—Leading Aircraftman

7.06

81..................

Group 4—Lance Corporal

Group 4—Leading Aircraftman

7.28

82..................

Group 5—Lance Corporal

Group 5—Leading Aircraftman

7.53

83..................

Group 6—Lance Corporal

Group 6—Leading Aircraftman

7.77

84..................

Group 7—Lance Corporal

Group 7—Leading Aircraftman

8.00

85. Group 1—

Group 1—Private........

Group 1—Aircraftman.....

6.20

Able Seaman

 

 

 

Able Seaman, Second

 

 

 

Class

 

 

 

Ordinary Seaman

 

 

 


Part VI.—continued

Male Members, other than Officers—continued

$

86. Group 2—

Group 2—Private........

Group 2—Aircraftman.....

6.48

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

87. Group 3—

Group 3—Private........

Group 3—Aircraftman.....

6.74

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

88. Group 4—

Group 4—Private........

Group 4—Aircraftman.....

6.99

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

89. Group 5—

Group 5—Private........

Group 5—Aircraftman.....

7.20

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

90. Group 6—

Group 6—Private........

Group 6—Aircraftman.....

7.45

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

91. Group 7—

Group 7—Private........

Group 7—Aircraftman.....

7.70

Able Seaman

 

 

 

Able Seaman, Second Class

 

 

 

Ordinary Seaman

 

 

 

92..................

Cadet (Officer Cadet School)

 

7.01

93. Recruit Seaman

Recruit Private..........

Recruit Aircraftman.......

6.20

94. Junior Musician

 

Aircrew Trainee.........

6.20

95. Apprentice during his eighth term

Apprentice Clerk Apprentice Musician

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

6.20

96. Apprentice before commencement of his eighth term

………………………………..

Apprentice Airman.......

3.41

97..................

Apprentice Tradesman

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

3.23

98. Sergeant, First Class, Naval Dockyard Police

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

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

10.45

99. Sergeant, Second Class, Naval Dockyard Police

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

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

10.10

100. Constable, Naval Dockyard Police

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

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

9.36

PART VII.

Female Members, other than Officers

101..................

Group 1—Warrant Officer (Class I.)

Group 1—Warrant Officer

6.50

102..................

Group 2—Warrant Officer (Class I.)

Group 2—Warrant Officer

6.78

103..................

Group 3—Warrant Officer (Class I.)

Group 3—Warrant Officer

7.03

104..................

Group 4—Warrant Officer (Class I.)

Group 4—Warrant Officer

7.26

105..................

Group 5—Warrant Officer (Class I.)

Group 5—Warrant Officer

7.47

106..................

Group 6—Warrant Officer (Class I.)

Group 6—Warrant Officer

7.72

107..................

Group 7—Warrant Officer (Class I.)

Group 7—Warrant Officer

7.95

108..................

Group 1—Warrant Officer (Class II.)

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

6.27


Part VII.—continued

Female Members, other than Officers—continued

$

109..................

Group 2—Warrant Officer (Class II.)

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

6.55

110..................

Group 3—Warrant Officer (Class II.)

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

6.79

111..................

Group 4—Warrant Officer (Class II.)

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

7.03

112..................

Group 5—Warrant Officer (Class II.)

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

7.24

113..................

Group 6—Warrant Officer (Class II.)

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

7.49

114……………………………

Group 7—Warrant Officer (Class II.)

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

7.72

115. Group 1—Chief Petty Officer Wran

Group 1—Staff Sergeant

Group 1—Flight Sergeant

6.09

116. Group 2—Chief Petty Officer Wran

Group 2—Staff Sergeant

Group 2—Flight Sergeant

6.37

117. Group 3—Chief Petty Officer Wran

Group 3—Staff Sergeant

Group 3—Flight Sergeant

6.61

118. Group 4—Chief Petty Officer Wran

Group 4—Staff Sergeant

Group 4—Flight Sergeant

6.84

119. Group 5—Chief Petty Officer Wran

Group 5—Staff Sergeant

Group 5—Flight Sergeant

7.05

120. Group 6—Chief Petty Officer Wran

Group 6—Staff Sergeant

Group 6—Flight Sergeant

7.30

121. Group 7—Chief Petty Officer Wran

Group 7—Staff Sergeant

Group 7—Flight Sergeant

7.53

122. Group 1—Petty Office Wran

Group 1—Sergeant.......

Group 1—Sergeant.......

5.78

123. Group 2—Petty Officer Wran

Group 2—Sergeant.......

Group 2—Sergeant.......

6.06

124. Group 3—Petty Officer Wran

Group 3—Sergeant.......

Group 3—Sergeant.......

6.30

125. Group 4—Petty Officer Wran

Group 4—Sergeant.......

Group 4—Sergeant.......

6.54

126. Group 5—Petty Officer Wran

Group 5—Sergeant.......

Group 5—Sergeant.......

6.75

127. Group 6—Petty Officer Wran

Group 6—Sergeant.......

Group 6—Sergeant.......

7.00

128. Group 7—Petty Officer Wran

Group 7—Sergeant.......

Group 7—Sergeant.......

7.23

129. Group 1—Leading Wran

Group 1—Corporal .......

Group 1—Corporal.......

5.16

130. Group 2—Leading Wran

Group 2—Corporal.......

Group 2—Corporal.......

5.43

131. Group 3—Leading Wran

Group 3—Corporal.......

Group 3—Corporal.......

5.70

132. Group 4—Leading Wran

Group 4—Corporal.......

Group 4—Corporal.......

5.93

133. Group 5—Leading Wran

Group 5—Corporal.......

Group 5—Corporal.......

6.15

134. Group 6—Leading Wran

Group 6—Corporal.......

Group 6—Corporal.......

6.40

135. Group 7—Leading Wran

Group 7—Corporal.......

Group 7—Corporal.......

6.63

136..................

Group 1—Lance Corporal

Group 1—Leading Aircraftwoman

4.81

137..................

Group 2—Lance Corporal

Group 2—Leading Aircraftwoman

5.11

138..................

Group 3—Lance Corporal

Group 3—Leading Aircraftwoman

5.37

139..................

Group 4—Lance Corporal

Group 4—Leading Aircraftwoman

5.60

140..................

Group 5—Lance Corporal

Group 5—Leading Aircraftwoman

5.84

141..................

Group 6—Lance Corporal

Group 6—Leading Aircraftwoman

6.08

142..................

Group 7—Lance Corporal

Group 7—Leading Aircraftwoman

6.32

143. Group 1—Wran......

Group 1—Private........

Group 1—Aircraftwoman

4.62


Part VII.—continued

Female Members, other than Officers—continued

$

144. Group 2—Wran......

Group 2—Private........

Group 2—Aircraftwoman

4.90

145. Group 3—Wran......

Group 3—Private........

Group 3—Aircraftwoman

5.16

146. Group 4—Wran......

Group 4—Private........

Group 4—Aircraftwoman

5.41

147. Group 5—Wran......

Group 5—Private........

Group 5—Aircraftwoman

5.62

148. Group 6—Wran......

Group 6—Private........

Group 6—Aircraftwoman

5.87

149. Group 7—Wran......

Group 7—Private........

Group 7—Aircraftwoman

6.12

150. Recruit Wran........

Recruit Private..........

Recruit Aircraftwoman.....

4.62

Application.

4.—(1.) These Regulations have effect and shall be deemed to have taken effect—

(a) in relation to members of the Permanent Air Force whose rates of active pay have been increased or reduced, in consequence of the amendments of the Air Force Regulations effected by Statutory Rules 1968 No. 140, as from the twenty-ninth day of February, 1968, or a subsequent day before the commencement of these Regulations—from and including the day on which the rates of active pay were so increased or reduced;

(b) in relation to members of the Permanent Naval Forces whose rates of active pay have been increased or reduced, in consequence of the amendments of the Naval Financial Regulations effected by Statutory Rules 1968 No. 152, as from the first day of March, 1968, or a subsequent day before the commencement of these Regulations—from and including the day on which the rates of active pay were so increased or reduced; and

(c) in relation to members of the Permanent Military Forces whose rates of pay have been increased or reduced, in consequence of the amendments of the Military Financial Regulations effected by Statutory Rules 1968 No. 154, as from the first day of March, 1968, or a subsequent day before the commencement of these Regulations—from and including the day on which the rates of pay were so increased or reduced.

(2.) Paragraphs (a), (b) and (c) of sub-regulation (3.) of regulation 2 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations apply to the references to the Permanent Air Force, the Permanent Naval Forces and the Permanent Military Forces in the last preceding sub-regulation.

 

 

 

 

 

 

 

 

 

 

 

 

Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra

Overview

The Defence Forces Retirement Benefits Act 1948-1968 was enacted to provide a retirement benefit scheme for members of the Australian Defence Force. This Act established the framework for retirement benefits, including pensions and gratuities, for military personnel. The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1968 were made under the authority of the Defence Forces Retirement Benefits Act 1948-1968 to specify the daily rates of pay for members of the Defence Force, which are integral to the calculation of their retirement benefits. The Regulations were introduced to address the need for updated pay rates following amendments to the Air Force Regulations, Naval Financial Regulations, and Military Financial Regulations. Enacted by the Governor-General in Council, the policy objective of these Regulations is to ensure that the daily rates of pay are accurately reflected to maintain the integrity of the retirement benefits system.

Scope and Application

The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1968, made under the Defence Forces Retirement Benefits Act 1948-1968, apply to members of the Permanent Air Force, Permanent Naval Forces, and Permanent Military Forces whose rates of active pay have been increased or reduced as a result of amendments to their respective financial regulations. The Regulations specify the maximum daily rates of active pay for officers and other members, categorising them into groups based on rank and role. The Regulations also include definitions for certain terms and specify the dates from which the new rates of pay are effective. Notably, the Regulations are designed to ensure consistency and fairness in the calculation of retirement benefits, reflecting the changes in pay rates due to amendments in the Air Force, Naval, and Military Financial Regulations. These Regulations do not explicitly state any exclusions or exemptions, and their application is extended through subordinate instruments to ensure that all relevant changes in pay rates are accounted for in the calculation of retirement benefits.

Key Provisions

The key sections of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1968 specify the maximum daily rates of active pay for various classes of Defence Force members, including officers, warrant officers, non-commissioned officers, and other ranks. Regulation 1 amends the definition of "daily rate of pay" to set the maximum daily rates for officers and members, including those in Groups 1 to 7, with specific reference to the Schedule detailing the rates for each rank and group. Regulation 2 further clarifies certain ranks, such as Chief Petty Officer, Petty Officer, and Leading Seaman, to include other related positions like Chief Artificer and Artificer, First Class. The Schedule to these Regulations provides a detailed breakdown of the maximum daily rates for male and female members, categorised by rank, group, and specific role. These Regulations impose obligations on the Defence Force to ensure that the correct rates of pay are calculated and paid to members in accordance with their rank, role, and group. The Regulations mandate that the daily rates of pay specified in the Schedule are to be applied to the relevant classes of Defence Force members. The obligations extend to ensuring that any amendments to the rates of pay, as a result of changes in the Air Force, Naval, or Military Regulations, are reflected in the payment to the Defence Force members from the date the rates were increased or reduced. Breaches of these Regulations may not directly result in criminal or civil penalties as specified in the Regulations themselves, but non-compliance could lead to disputes over pay, potential claims for underpayment, and administrative reviews or corrections by the Defence Force. Failure to adhere to the stipulated rates of pay could also result in legal challenges by affected members seeking compensation or adjustment of their entitlements. The consequences of such breaches could include financial restitution, corrections in payroll records, and potential disciplinary action against officials responsible for the non-compliance.

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