Defence Retirement Regulations 1922

Legislation au C1922L00196 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1922. No. 196.

 

REGULATIONS UNDER THE DEFENCE RETIREMENT ACT 1922.

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 Retirement Act 1922, to come into operation on and from the tenth day of June, One thousand nine hundred and twenty-two.

Dated this twentieth day of December, 1922.

FORSTER,

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Defence.

 

Defence Retirement Regulations 1922.

Title.

1. These Regulations may be cited as the Defence Retirement Regulations 1922.

Allowances to be included as “Pay” in the calculation of compensation.

2. The following allowances may be included as “pay” in the calculation of compensation:—

(a) Members of the Naval Forces—

I. Sea-going Forces—

(1) Married Allowance, authorized by Naval Financial Regulation 35 (13);

(2) Dependant Allowance, authorized by Naval Financial Regulation 35 (14);

(3) Kit Upkeep Allowance, authorized by Naval Financial Regulation 35 (1);

(4) Victualling Allowance, authorized by Naval Financial Regulation 43 (1) at the daily rate fixed by the Naval Board;

(5) Allowances for Good Conduct Badges, authorized by Naval Financial Regulation 38 (53);

(6) Specialist Allowances, authorized by Naval Financial Regulations 36, 37, and 38, which are payable continuously whilst qualified;

(7) Allowances corresponding to those set out under (1), (2), (3) and (6) above, paid under the provisions of Naval Financial Regulation 33 (7).


II. Auxiliary Services (non-Sea-going)—

(1) High Cost of Living Allowance, authorized by Naval Financial Regulation 64;

(2) Basic Wage Allowance, authorized by Naval Financial Regulation 64;

(3) District Allowance, authorized by Naval Financial Regulation 79, provided that, in cases where removal expenses are granted, District Allowance shall not be included in pay for the calculation of compensation.

(b) Members of the Military Forces—

(1) High Cost of Living Allowance, authorized by Financial and Allowances Regulation 40;

(2) Staff Pay, authorized by Financial and Allowances Regulation 38;

(3) District Allowance, authorized by Financial and Allowance Regulation 77;

(4) Allowances authorized by the Minister under Financial and Allowance Regulation 2, for the performance of higher or special duties of a position on the regular establishment;

Provided that, in cases where removal expenses are granted, District Allowance shall not be included in pay for the calculation of compensation.

(c) Members of the Air Forces—

(1) Ration Allowance, authorized by Royal Australian Air Force Weekly Order No. 16 of 3rd January, 1922.

(d) Employees holding a “Classified Office in the Defence Department” as defined in Section 3 of the “Defence Retirement Act 1922”—

(1) The allowances authorized by Civilian Staff Regulation 40a, (a), (b), (d), and (e);

(2) Cost of Living Allowances authorized by Awards of the Commonwealth Court of Conciliation and Arbitration and Determinations of the Public Service Arbitrator, and by Defence Circular No. 180 of the 3rd December, 1920;

(3) District Allowance authorized by Civilian Staff Regulation 27;

(4) Allowances authorized by Civilian Staff Regulations 108 and 108a, for the performance of higher or special duties.

Pro râta payments for each completed month of service.

3. Pro râta payments of compensation on the scale authorized by section 5 of the Defence Retirement Act of 1922, will be made for each completed month of service for periods of less than one year.

 

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Defence Retirement Regulations 1922 were enacted to provide a structured framework for the calculation of compensation under the Defence Retirement Act 1922. This legislative instrument was introduced to address the need for clear guidelines on how various allowances and payments should be considered when determining retirement benefits for members of the Australian Defence Forces. The regulations were made by the Governor-General in Council, acting on the advice of the relevant Minister, and came into operation on the tenth of June, 1922. The overarching policy objective of these regulations was to ensure that compensation for retiring defence personnel was calculated in a fair and consistent manner, taking into account all applicable allowances and specific conditions as defined by the Defence Retirement Act 1922.

Scope and Application

The Defence Retirement Regulations 1922 apply to members of the Naval Forces, Military Forces, Air Forces, and employees holding a "Classified Office in the Defence Department" as defined in the Defence Retirement Act 1922. These Regulations determine which allowances are included in the calculation of compensation for retiring members of the Australian Defence Force. The Regulations apply on a Commonwealth level and provide a comprehensive list of allowances for each Defence Force component, ensuring a uniform approach to compensation calculations across the Defence Force. The Regulations also clarify that District Allowance is excluded from the calculation of compensation if removal expenses are granted. These Regulations extend the application of the Defence Retirement Act 1922 by providing detailed specifications on allowances included in the compensation calculation, thereby ensuring a clear and consistent application of the Act.

Key Provisions

The Defence Retirement Regulations 1922 outline specific allowances that can be included as "pay" for the purpose of calculating compensation under the Defence Retirement Act 1922. For example, section 2(a)(I) lists various allowances for members of the Naval Forces, such as Married Allowance, Dependant Allowance, and Kit Upkeep Allowance, among others. Similarly, section 2(b) and 2(c) detail allowances for members of the Military Forces and Air Forces, respectively. Additionally, section 2(d) includes allowances for employees holding a "Classified Office in the Defence Department." These allowances are to be considered as part of the individual's total pay when determining their retirement benefits. The Regulations impose certain obligations on the parties involved. For instance, section 2 mandates that specific allowances be included in the calculation of compensation for eligible members and employees of the Defence Forces. Section 3 further stipulates that pro rata payments of compensation will be made for each completed month of service for periods of less than one year. These provisions ensure that eligible personnel receive fair and equitable compensation based on their service. The Regulations also outline the consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the provided text of the Regulations, it is reasonable to infer that non-compliance with these provisions could result in legal actions. Typically, breaches of statutory regulations under the Defence Retirement Act 1922 could lead to civil penalties, administrative sanctions, or even criminal charges, depending on the severity and intent of the breach. The maximum penalties, if applicable, would be determined by the relevant authorities in accordance with the governing laws and regulations.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.