Military Financial (Pacific Islanders) Regulations (Amendment)

Legislation au C1973L00018 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 18

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 the Minister of State for the Army.

Amendments of the Military Financial (Pacific Islanders)

Regulations†

Pay.

1.—(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 ................................

14.79

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

15.42

Colonel—

 

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

12.27

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

12.90

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

13.53

Lieutenant-Colonel—

 

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

10.30

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

10.79

Major—

 

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

8.16

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

8.51

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

8.87

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

9.23

Captain—

 

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

7.34

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

7.61

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

7.88

Lieutenant—

 

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

6.68

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

6.90

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

7.12

Second Lieutenant—

 

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

5.80

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

6.02

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

6.24

* 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, No. 9.


(2.) Regulation 9 of the Military Financial (Pacific Islanders) Regulations is amended by omitting from sub-regulation (1a.) the words “Six dollars two cents” and inserting in their stead the words “Six dollars twenty-four cents”.

(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 1 year’s service in the classification ..........................

7.88

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

8.16

Chaplain, Fourth Class (Captain)—

 

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

7.34

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

7.61

(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—Eighty-eight 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 twenty-five cents per day;

(ii) if he has attained the age of twenty years but has not attained the age of twenty-one years and is unmarried—One dollar thirty-six cents per day; or

(iii) in any other case—One dollar forty-seven 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 thirty-six cents per day; or

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

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

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

Stage of studies

Rate of pay per day

 

$

During the first year of the course .......................................

1.47

During the second year of the course .....................................

1.62

During the third year of the course ......................................

1.77

During the fourth year of the course ......................................

1.95

During the fifth year of the course .......................................

2.13

During the sixth year of the course ......................................

2.30

During the seventh year or a subsequent year of the course.......................

2.48


Pay.

2.—(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 ................................................

10.30

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

8.16

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

7.34

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

6.68

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

5.80

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

5.58

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

5.14

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

4.53

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

3.99

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

3.28

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

2.93

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

1.47

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

0.88

(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) .........................................

7.88

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

7.34

Second Schedule.

3. The Second Schedule of 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 ................................

3.28

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

3.46

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

3.64

Lance Corporal—

 

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

2.93

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

3.10

Private—

 

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

1.58

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

1.73

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

1.88

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

2.04

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

2.21

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

2.39

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

5.58

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

5.80

Warrant Officer, Class 2—

 

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

5.14

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

5.36

Staff Sergeant—

 

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

4.53

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

4.71

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

4.93

Sergeant—

 

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

3.99

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

4.17

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

4.35

Corporal—

 

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

3.46

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

3.64

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

3.82

Lance Corporal—

 

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

3.10

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

3.28

Private—

 

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

2.04

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

2.21

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

2.39

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

2.57

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

2.75

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

2.93

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

5.80

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

6.02

Warrant Officer, Class 2—

 

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

5.36

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

5.58

Staff Sergeant—

 

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

4.93

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

5.14

Sergeant—

 

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

4.17

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

4.35

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

4.53

Corporal—

 

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

3.64

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

3.82

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

3.99

Lance Corporal—

 

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

3.28

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

3.46

Private—

 

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

2.57

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

2.75

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

2.93

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

3.10

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

6.02

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

6.24

Warrant Officer, Class 1—

 

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

5.58

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

5.80

Staff Sergeant—

 

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

4.93

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

5.14

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

5.36

Sergeant—

 

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

4.35

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

4.53

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

4.71

Corporal—

 

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

3.82

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

3.99

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

4.17

Lance Corporal—

 

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

3.46

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

3.64

Private—

 

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

2.93

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

3.10

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

3.28

Application.

4. The rates of pay provided for in the Military Financial (Pacific Islanders) Regulations as amended by these Regulations apply to and in relation to service in the Military Forces on or after the twentieth day of July, 1972.

Overview

The Statutory Rules 1973 No. 18, Regulations under the Defence Act 1903-1970, were introduced to address the need for updating the pay rates for various ranks and classifications within the Australian Defence Force. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council. The objective of these regulations is to align the remuneration of military personnel with the changing economic conditions and to ensure fair compensation based on rank, length of service, and specific roles within the Defence Force. The updated pay rates as specified in these regulations apply to service in the Military Forces on or after 20 July 1972.

Scope and Application

The Regulations under the Defence Act 1903-1970, specifically the Military Financial (Pacific Islanders) Regulations, apply to members of the Australian Defence Force who are Pacific Islanders, determining their rates of pay based on their rank, length of service, and other specific classifications such as chaplains and recruits. The scope of these Regulations extends to all members serving on or after July 20, 1972, and encompasses various ranks, from Brigadier to Private, as well as different stages of studies and age-specific pay rates. These Regulations provide a detailed breakdown of daily pay rates based on the individual’s rank, length of service in that rank, and additional qualifications, thereby ensuring that compensation is structured according to these factors. There are no stated exclusions or exemptions within the provided text, and the application is national, affecting all members of the Australian Defence Force who fall under the specified criteria. The application of these Regulations is further extended and possibly restricted through subordinate instruments, which might include additional specific amendments or clarifications to the pay rates and conditions outlined in the primary Act.

Key Provisions

The Regulations under the Defence Act 1903-1970, made by the Governor-General in 1973, primarily revise the Military Financial (Pacific Islanders) Regulations. The key changes, as outlined in section 1, adjust the rates of pay for various ranks and classifications within the Military Forces. For example, the daily rate for a Brigadier with less than a year of service in that rank is now set at $14.79, and for a Brigadier with not less than a year but less than two years of service in that rank, the rate is $15.42. Other ranks, such as Colonel, Lieutenant-Colonel, Major, Captain, Lieutenant, Second Lieutenant, and different classifications of Chaplain, also have their pay rates updated based on their length of service in the respective rank or classification. Section 2 further details the pay rates for recruits, again based on their length of service and age. For instance, a recruit with less than six months of service is paid $0.88 per day, while a recruit with not less than six months but less than one year of service is paid $1.25 per day if they are under 20 years old and unmarried. The pay rates for members in the course of studies are also revised, with rates increasing progressively from the first to the seventh year of study. These Regulations impose specific obligations on the Military Forces and its members, particularly those from the Pacific Islands. The updated pay scales in section 1 and section 2 must be adhered to for all service rendered on or after July 20, 1972. Members must ensure that their pay is calculated according to their rank, length of service, and other specified criteria. The changes in section 3, which repeals and replaces the Second Schedule, also necessitate that all financial records and administrative processes reflect these new pay rates. Breach of these Regulations, which detail the financial obligations and entitlements of members, could lead to administrative and legal consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of Defence-related financial regulations can result in disciplinary action, legal proceedings, and financial penalties under the Defence Act 1903-1970 or other relevant legislation. These may include fines, repayment of improperly received funds, or other corrective actions deemed necessary by the Defence authorities.

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