Military Financial (Pacific Islanders) Regulations (Amendment)

Legislation au C1973L00019 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 19

REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*

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 Act 1903-1970.

Dated this thirty-first day of January, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders) Regulations†

Commencement.

1. These Regulations shall come into operation on the eighth day of February, 1973.

Pay.

2.—(1.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Rank and length of service in the rank

Rate per day

 

$

Brigadier—

 

With less than 1 year’s service in the rank ................................

14.84

With not less than 1 year’s service in the rank .............................

15.47

Colonel—

 

With less than 1 year’s service in the rank ................................

12.32

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

12.95

With not less than 2 years’ service in the rank .............................

13.58

Lieutenant-Colonel—

 

With less than 1 year’s service in the rank ................................

10.35

With not less than 1 year’s service in the rank .............................

10.84

Major—

 

With less than 1 year’s service in the rank ................................

8.21

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

8.56

With not less than 2 years’ service in the rank but less than 3 years’ service in the rank

8.92

With not less than 3 years’ service in the rank .............................

9.28

Captain—

 

With less than 1 year’s service in the rank ................................

7.39

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

7.66

With not less than 2 years’ service in the rank .............................

7.93

Lieutenant—

 

With less than 1 year’s service in the rank ................................

6.73

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

6.95

With not less than 2 years’ service in the rank .............................

7.17

Second Lieutenant—

 

With less than 1 year’s service in the rank ................................

5.85

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank

6.07

With not less than 2 years’ service in the rank .............................

6.29

* Notified in the Commonwealth Gazette on 5 February 1973.

† Statutory Rules 1966, No. 105, as amended by Statutory Rules 1966, No. 162; 1967, No. 124; 1968, No. 61; 1969, No. 199; 1970, Nos. 6, 51, 120, 174 and 200; 1971, Nos. 27, 97 and 167; 1972, Nos. 55 and 165; and 1973, Nos. 9 and 18.

(2.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting sub-regulation (1a.) and inserting in its stead the following sub-regulation:—

“(1a.) The rate of pay of a member who is a dental officer and holds the rank of Lieutenant is the rate per day specified in relation to his length of service in that rank in the following table:—

Length of service in the rank of lieutenant

Rate per day

 

$

With less than 1 year’s service .........................................

6.29

With not less than 1 year’s service .......................................

6.51”

(3.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting the table in sub-regulation (1b.) and inserting in its stead the following table:—

Classification and length of service in the classification

Rate per day

 

$

Chaplain, Third Class (Major)—

 

With less than one year’s service in the classification .........................

7.93

With not less than one year’s service in the classification ......................

8.21

Chaplain, Fourth Class (Captain)—

 

With less than one year’s service in the classification .........................

7.39

With not less than one year’s service in the classification ......................

7.66

(4.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting sub-regulation (3g.) and inserting in its stead the following sub-regulation:—

(3g.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is a recruit for the purpose of this regulation is—

(a) in the case of such a member who has less than six months’ service—One dollar thirty-seven cents per day;

(b) in the case of a member who has not less than six months’ service but less than one year’s service—

(i) if he has not attained the age of twenty years and is unmarried—One dollar forty-eight cents per day;

(ii) if he is aged twenty years and is unmarried—One dollar sixty-two cents per day; or

(iii) in any other case—One dollar seventy-six cents per day;

(c) in the case of a member who has not less than one year’s service but less than two years’ service—

(i) if he has not attained the age of twenty-one years and is unmarried—One dollar sixty-two cents per day; or

(ii) in any other case—One dollar seventy-six cents per day; or

(d) in the case of a member who has not less than two years’ service—One dollar seventy-six cents per day.”.


Living out allowance.

3. Regulation 17 of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (1.) the words “Fifty-four cents” and inserting in their stead the words “Seventy-two cents”.

Family needs allowance.

4. Regulation 19a of the Military Financial (Pacific Islanders) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) Subject to the next succeeding sub-regulation, family needs allowance is not payable to a member who enlisted or enlists in, or was appointed or is appointed an officer of, the Military Forces on or after the seventh day of December, 1972.

“(5.) Where—

(a) a member has been appointed an officer of the Military Forces on or after the seventh day of December, 1972;

(b) the member was, immediately before having being so appointed, discharged from the Military Forces for the purposes of being appointed an officer; and

(c) the member enlisted or last enlisted in the Military Forces before the seventh day of December, 1972,

the last preceding sub-regulation does not apply in relation to the member.”.

Pay.

5.—(1.) Regulation 47ca of the Military Financial (Pacific Islanders) Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Rank and age

Rate per day

 

$

Lieutenant Colonel .................................................

10.35

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

8.21

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

7.39

Lieutenant ......................................................

6.73

Second Lieutenant .................................................

5.85

Warrant Officer, Class 1 .............................................

5.63

Warrant Officer, Class 2 .............................................

5.19

Staff Sergeant ....................................................

4.62

Sergeant ........................................................

4.08

Corporal .......................................................

3.37

Lance Corporal ...................................................

3.02

Private who has attained the age of 21 years ................................

1.76

Private who has not attained the age of 21 years ..............................

1.37


(2.) Regulation 47ca of the Military Financial (Pacific Islanders) Regulations is amended by omitting the table in sub-regulation (2.) and inserting in its stead the following table:—

Classification

Rate per day

 

$

Chaplain, Third Class (Major) ...........................................

7.93

Chaplain, Fourth Class (Captain) .........................................

7.39

Second Schedule.

6. The Second Schedule to the Military Financial (Pacific Islanders) Regulations is repealed and the following Schedule inserted in its stead:—

SECOND SCHEDULE Regulation 9 (2.)

RATES OF PAY—MEMBERS, OTHER THAN OFFICERS, APPRENTICES AND RECRUITS.

Table 1

Trained Members

Rank and length of service in the rank

Rate per day

 

$

Corporal—

 

With less than 1 year’s service in the rank ................................

3.37

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

3.55

With not less than 2 years’ service in the rank .............................

3.73

Lance Corporal—

 

With less than 1 year’s service in the rank ................................

3.02

With not less than 1 year’s service in the rank .............................

3.19

Private—

 

With less than 1 year’s service in the rank ................................

1.84

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

1.95

With not less than 2 years’ service in the rank but less than 3 years’ service in the rank ..

2.06

With not less than 3 years’ service in the rank but less than 4 years’ service in the rank ..

2.17

With not less than 4 years’ service in the rank but less than 5 years’ service in the rank ..

2.28

With not less than 5 years’ service in the rank .............................

2.48


Second Schedulecontinued

Table 2

Members qualified at Lower Skilled Level

Rank and length of service in the rank

Rate per day

 

$

Warrant Officer, Class 1—

 

With less than 1 year’s service in the rank ................................

5.63

With not less than 1 year’s service in the rank .............................

5.85

Warrant Officer, Class 2—

 

With less than 1 year’s service in the rank ................................

5.19

With not less than 1 year’s service in the rank .............................

5.41

Staff Sergeant—

 

With less than 1 year’s service in the rank ................................

4.62

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.80

With not less than 2 years’ service in the rank .............................

4.98

Sergeant—

 

With less than 1 year’s service in the rank ................................

4.08

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.26

With not less than 2 years’ service in the rank .............................

4.44

Corporal—

 

With less than 1 year’s service in the rank ................................

3.55

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

3.73

With not less than 2 years’ service in the rank .............................

3.91

Lance Corporal—

 

With less than 1 year’s service in the rank ................................

3.19

With not less than 1 year’s service in the rank .............................

3.37

Private—

 

With less than 1 year’s service in the rank ................................

2.17

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

2.28

With not less than 2 years’ service in the rank but less than 3 years’ service in the rank ..

2.48

With not less than 3 years’ service in the rank but less than 4 years’ service in the rank ..

2.66

With not less than 4 years’ service in the rank but less than 5 years’ service in the rank ..

2.84

With not less than 5 years’ service in the rank .............................

3.02


Second Schedulecontinued

Table 3

Members qualified at Skilled Level

Rank and length of service in the rank

Rate per day

 

$

Warrant Officer, Class 1—

 

With less than 1 year’s service in the rank ................................

5.85

With not less than 1 year’s service in the rank .............................

6.07

Warrant Officer, Class 2—

 

With less than 1 year’s service in the rank ................................

5.41

With not less than 1 year’s service in the rank .............................

5.63

Staff Sergeant—

 

With less than 1 year’s service in the rank ................................

4.80

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.98

With not less than 2 years’ service in the rank .............................

5.19

Sergeant—

 

With less than 1 year’s service in the rank ................................

4.26

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.44

With not less than 2 years’ service in the rank .............................

4.62

Corporal—

 

With less than 1 year’s service in the rank ................................

3.73

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

3.91

With not less than 2 years’ service in the rank .............................

4.08

Lance Corporal—

 

With less than 1 year’s service in the rank ................................

3.37

With not less than 1 year’s service in the rank .............................

3.55

Private—

 

With less than 1 year’s service in the rank ................................

2.66

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

2.84

With not less than 2 years’ service in the rank but less than 3 years’ service in the rank ..

3.02

With not less than 3 years’ service in the rank .............................

3.19


Second Schedulecontinued

Table 4

Members qualified at Higher Skilled Level

Rank and length of service in the rank

Rate per day

 

$

Warrant Officer, Class 1—

 

With less than 1 year’s service in the rank ................................

6.07

With not less than 1 year’s service in the rank .............................

6.29

Warrant Officer, Class 2—

 

With less than 1 year’s service in the rank ................................

5.63

With not less than 1 year’s service in the rank .............................

5.85

Staff Sergeant—

 

With less than 1 year’s service in the rank ................................

4.98

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

5.19

With not less than 2 years’ service in the rank .............................

5.41

Sergeant—

 

With less than 1 year’s service in the rank ................................

4.44

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.62

With not less than 2 years’ service in the rank .............................

4.80

Corporal—

 

With less than 1 year’s service in the rank ................................

3.91

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

4.08

With not less than 2 years’ service in the rank .............................

4.26

Lance Corporal—

 

With less than 1 year’s service in the rank ................................

3.55

With not less than 1 year’s service in the rank .............................

3.73

Private—

 

With less than 1 year’s service in the rank ................................

3.02

With not less than 1 year’s service in the rank but less than 2 years’ service in the rank ..

3.19

With not less than 2 years’ service in the rank .............................

3.37

Application.

7.—(1.) The rates of pay provided for under the Military Financial (Pacific Islanders) Regulations as amended by these Regulations apply to and in relation to service, on and after the twenty-third day of November, 1972, in relation to which those first-mentioned Regulations applied.

(2.) The rate specified in regulation 17 of the Military Financial (Pacific Islanders) Regulations as amended by regulation 3 of these Regulations applies to and in relation to living out allowance paid or payable to a member within the meaning of Part II. of those Regulations in respect of the twenty-sixth day of January, 1973, or any subsequent day.

(3.) A member, within the meaning of Part II. or Part IVa. of the Military Financial (Pacific Islanders) Regulations who was in receipt of pay in respect of a day in the period from and including the twenty-third day of November, 1972, to and including the twenty-fifth day of January, 1973, is, by virtue of this sub-regulation, entitled to be paid an amount of Six cents as additional pay in respect of his service on that day.

Overview

The Statutory Rules 1973 No. 19, titled "Regulations under the Defence Act 1903-1970," were enacted by the Governor-General of Australia, Paul Hasluck, on behalf of the Commonwealth of Australia. These Regulations, which came into effect on 8 February 1973, amend the Military Financial (Pacific Islanders) Regulations to update the rates of pay and allowances for members of the Military Forces, particularly those of Pacific Islander descent. The primary objective of these Regulations is to ensure that the compensation structures within the Defence Force are fair and reflect the service length and rank of the members, thereby addressing any discrepancies or outdated financial provisions within the existing framework. This legislative instrument is intended to maintain the integrity and morale of the Defence Force by providing timely and accurate remuneration adjustments.

Scope and Application

The Regulations under the Defence Act 1903-1970, made on 31 January 1973, amend the Military Financial (Pacific Islanders) Regulations to adjust the rates of pay for various ranks and classifications of military personnel, as well as the living out and family needs allowances. These amendments apply to service from 23 November 1972 onwards and to living out allowance from 26 January 1973. The Regulations affect military personnel who are Pacific Islanders and their families, modifying the financial entitlements based on rank, length of service, and age. The scope of the Regulations is limited to military financial matters, specifically pay and allowances for the designated group of personnel. The changes do not extend to other categories of military personnel or to civilian employees of the Defence Force. The Regulations do not specify any exclusions or exemptions, and their application is direct without the need for further clarification through subordinate instruments.

Key Provisions

The Regulations, which amend the Military Financial (Pacific Islanders) Regulations, primarily adjust pay rates and allowances for military personnel based on their rank and length of service, as well as other specific conditions. For instance, Regulation 2 modifies the pay rates for various military ranks and positions, taking into account the years of service within the rank. It provides a detailed table showing the daily rate of pay for different ranks such as Brigadier, Colonel, Lieutenant-Colonel, Major, Captain, Lieutenant, and Second Lieutenant, depending on their years of service in that rank. Regulation 3 adjusts the living out allowance, while Regulation 4 alters the family needs allowance, specifying that it is not payable to members who enlisted or were appointed officers after a certain date unless they had previously enlisted before that date. Regulation 5 updates the pay rates for various ranks and classifications based on age, and Regulation 6 replaces the Second Schedule, which details pay rates for non-officer members, apprentices, and recruits, categorising them based on their length of service in the rank. These changes are intended to be applied to service rendered on or after specific dates mentioned in the regulations. The Regulations impose several obligations on the military personnel and the Defence Force. Firstly, they require compliance with the updated pay rates and allowances as per the new tables provided in the regulations. This includes ensuring that the correct pay rates are applied based on the rank, length of service, age, and other specified conditions. The Regulations also mandate that the living out allowance and family needs allowance are to be adjusted according to the new provisions. Furthermore, the Defence Force is obligated to review and update the pay records of its personnel to reflect the new rates as stipulated in the Regulations. Any discrepancies or omissions in adhering to these requirements could lead to financial discrepancies and potential disputes regarding the correct pay and allowances. Breaching the provisions of these Regulations could lead to legal and financial consequences. Although the Regulations do not explicitly state penalties for non-compliance, failure to adhere to the updated pay rates and allowances could result in underpayment or overpayment of salaries, which might lead to legal disputes and potential litigation. Additionally, there could be administrative consequences if the Defence Force fails to update and correctly apply the new pay rates, leading to financial mismanagement and potential audits or investigations. While specific penalties are not detailed in the Regulations, the implications of non-compliance could be significant, affecting both the personnel and the Defence Force's financial integrity.

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