Military Financial (Pacific Islanders) Regulations (Amendment)

Legislation au C1966L00162 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1966 No. 162

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this eighteenth day of November, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

 

MALCOLM FRASER

Minister of State for the Army.

 

–––––––

 

Amendments of the Military Financial (Pacific Islanders) REGULATIONS. †

Delegations.

1. Regulation 5 of the Military Financial (Pacific Islanders) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead he following sub-regulation:—

“(3.) A power or function delegated by the Minister or the Military Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.”.

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

11.76

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

12.31

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

12.86

Colonel—

 

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

9.57

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

10.12

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

10.66

Lieutenant-Colonel—

 

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

7.65

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

7.92

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

8.34

* Notified in the Commonwealth Gazette on , 1966.

† Statutory Rules 1966 No. 105.

13591/66.—Price 10c (1s.) 5/9.11.1966


Rank and length of service in the rank

Rate per day

Major—

$

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

6.28

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

6.55

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

6.83

Captain—

 

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

4.71

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

4.91

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

5.12

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

5.32

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

4.50

Second Lieutenant—

 

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

4.02

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

4.16

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

4.29

(2.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is further amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member (not being a member who is a tradesman entitled to pay at a rate specified in the next succeeding sub-regulation or is an apprentice) holding a rank specified in the following table is the rate of pay specified, in relation to his rank and his length of service in his rank, in that table:—

Rank and length of service in the rank

Rate per day

Warrant Officer, Class I.—

$

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

4.02

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

4.16

Warrant Officer, Class II.—

 

With less than 1 year’s service in the rank

3.75

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

3.88

Staff Sergeant—

 

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

3.34

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

3.47

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

3.61

Sergeant—

 

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

2.92

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

3.06

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

3.20

Corporal—

 

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

2.51

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

2.65

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

2.79

Lance-Corporal—

 

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

1.97

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

2.10


Rank and length of service in the rank

Rate per day

Private—

$

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

0.49

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

0.60

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

0.71

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

1.14

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

1.25

With not less than 5 years’ service in the rank but less than 6 years’ service in the rank  

1.36

With not less than 6 years’ service in the rank but less than 7 years’ service in the rank  

1.47

With not less than 7 years’ service in the rank but less than 8 years’ service in the rank  

1.58

With not less than 8 years’ service in the rank but less than 9 years’ service in the rank  

1.69

With not less than 9 years’ service in the rank ........................

1.83

“ (3.) The rate of pay of a member who is a tradesman is—

(a) if he holds the rank of lance-corporal or private, has served for not less than 4 years and has attained a standard of proficiency determined by the Military Board for the purposes of this paragraph—the rate of pay specified in the third column of the following table in relation to the rank held by the member and the member’s length of service; or

(b) if he is not a tradesman referred to in the last preceding paragraph but holds the rank of private, has served for not less than 2 years and has attained a standard of proficiency determined by the Military Board for the purposes of this paragraph—the rate of pay specified in the second column of the following table in relation to the rank held by the member and the member’s length of service.

First column

Second column

Third column

Rank and length of service

Rate per day

Rate per day

Lance-Corporal—

$

$

With not less than 4 years’ service........................

..

2.38

Private—

 

 

With not less than 2 years’ service but less than 3 years’ service.....

0.82

..

With not less than 3 years’ service but less than 4 years’ service.....

1.25

..

With not less than 4 years’ service but less than 5 years’ service.....

1.36

2.10

With not less than 5 years’ service but less than 6 years’ service.....

1.47

2.17

With not less than 6 years’ service but less than 7 years’ service

With not less than 7 years’ service but less than 8 years’ service.....

1.58

2.24

1.69

2.31

With not less than 8 years’ service but less than 9 years’ service.....

1.80

2.31

With not less than 9 years’ service........................

1.94

2.31”.

 


3. After regulation 19 of the Military Financial (Pacific Islanders) Regulations the following regulation is inserted:—

Family needs allowance.

19a.—(1.) Subject to such conditions as the Military Board determines, an allowance, called ‘family needs allowance’, is payable to a member who is posted for service in a locality determined by the Military Board to be a locality to which this regulation applies.

“(2.) Family needs allowance is payable to a member—

(a) from and including the day on which he arrives in a locality to which this regulation applies to and including the day immediately before the day on which he ceases to reside in that locality; and

(b) at the appropriate rate determined by the Military Board.

“(3.) The Military Board shall determine the rate or rates at which family needs allowance is to be payable to members serving in a locality to which this regulation applies and may determine different rates of the allowance according to different family circumstances of members.”.

The Schedule.

4. The Schedule to the Military Financial (Pacific Islanders) Regulations is amended by inserting after the word and figures—

“Regulation 19”

the word and figures—

“Regulation 19a”.

Transitional.

5.—(1.) There is payable to a member in receipt of pay in respect of the period from and including the first day of July, 1966, to and including the day immediately before the commencement of these Regulations or a part of that period, by virtue of this regulation—

(a) if the member was not entitled to payment of special allowance under sub-regulation (8.) of regulation 9 of the Military Financial (Pacific Islanders) Regulations in respect of that period or that part of the period—an amount equal to the amount by which the pay payable to him in respect of that period or the part of that period is less than the pay that would have been payable to him in respect of that period or the part of that period if he had been entitled to pay at the appropriate rate provided for in the Military Financial (Pacific Islanders) Regulations as amended by these Regulations; or

(b) if the member was entitled to special allowance under that sub-regulation in respect of that period or the part of that period —an amount equal to the amount by which the sum of the amounts payable to him by way of pay and special allowance in respect of that period or the part of that period is less than the sum of the amounts that would have been payable to him by way of pay and special allowance (if any) in respect of that period or the part of that period if he had been entitled to pay at the rate provided for in the Military Financial (Pacific Islanders) Regulations as amended by these Regulations and had been entitled to special allowance (if


any) at the appropriate rate determined by the Military Board for the purposes of that sub-regulation on the day on which these Regulations came into operation.

(2.) For the purpose of calculating the amount that a member would have been entitled to in respect of pay for the period referred to in the last preceding sub-regulation or a part of that period, the first determinations made by the Military Board for the purposes of sub-regulation (3.) of regulation 9 of the Military Financial (Pacific Islanders) Regulations as amended by these Regulations shall be deemed to have been in force during that period or that part of that period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1966 No. 162, enacted under the Defence Act 1903-1965, were introduced to address issues regarding military financial regulations, particularly focusing on amendments to the Military Financial (Pacific Islanders) Regulations. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council. The primary aim of these regulations was to update the pay rates for military personnel, reflecting their rank and length of service, and to establish a new family needs allowance for those serving in specific localities. This approach ensures that military remuneration is fair, equitable, and reflective of service duration and specific circumstances, thus maintaining the morale and welfare of service members.

Scope and Application

The Regulations under the Defence Act 1903-1965 apply to military personnel who are Pacific Islanders serving in the Australian Defence Force. The regulations pertain specifically to the financial aspects of their service, including pay rates and allowances. The application of these regulations is within the Commonwealth jurisdiction, governing matters related to the Defence Act across Australia. Notably, these regulations exclude personnel who are not Pacific Islanders or who do not fall under the specific provisions outlined. The scope of the regulations may be extended or restricted through subordinate instruments, which may provide further details or clarifications on the implementation of these financial provisions.

Key Provisions

The main operative sections of the Statutory Rules 1966 No. 162, which are regulations under the Defence Act 1903-1965, include amendments to the Military Financial (Pacific Islanders) Regulations. Regulation 5 is amended to clarify that any delegation of power or function by the Minister or the Military Board must be exercised in accordance with the instrument of delegation (Regulation 5(3)). Additionally, Regulation 9 is amended to specify new pay rates for various ranks based on their length of service, and it includes provisions for tradesmen based on their proficiency and years of service (Regulation 9(2)-(3)). Regulation 19a introduces a family needs allowance payable to members posted to certain localities, with the Military Board determining the rates based on family circumstances (Regulation 19a(1)-(3)). The Act imposes several obligations and requirements on the parties it governs. The Military Board must determine the rates of pay for members based on their ranks and years of service (Regulation 9). The Board also has the responsibility to determine the rates for the family needs allowance (Regulation 19a(3)). Furthermore, the Board must ensure that members who were in receipt of pay during a transitional period receive any shortfall in pay due to the amendments (Regulation 5(1)-(2)). For breaches of the regulations, the Act does not explicitly state specific offences, penalties, or civil/criminal consequences. However, given the nature of the Defence Act and related regulations, non-compliance could potentially result in disciplinary actions within the Defence force, as well as administrative or financial penalties as deemed appropriate by the Military Board. The specific consequences would depend on the nature and severity of the breach, and could potentially include corrective measures, financial restitution, or other administrative actions.

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