Military Financial Regulations (Amendment)

Legislation au C1969L00118 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

__________

REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this eighth day of August, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for the Army.

_______

Amendments of the Military Financial Regulations†

Members other than General Officers.

1.—(1.) Regulation 12 of the Military Financial 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

 

$

Colonel—

 

With less than 2 years’ service in the rank...................................

23.01

With not less than 2 years’ but less than 4 years’ service in the rank..................

23.58

With not less than 4 years’ but less than 6 years’ service in the rank..................

24.13

With not less than 6 years’ service in the rank................................

24.69

Lieutenant-Colonel—

 

With less than 2 years’ service in the rank...................................

20.40

With not less than 2 years’ but less than 4 years’ service in the rank..................

20.96

With not less than 4 years’ but less than 6 years’ service in the rank..................

21.52

With not less than 6 years’ service in the rank................................

22.08

Major—

 

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

16.68

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

17.24

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

17.80

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

18.35

With not less than 4 years’ but less than 6 years’ service in the rank.................. 

18.92

With not less than 6 years’ service in the rank

19.47

Captain—

 

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

12.39

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

12.95

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

13.51

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

14.07

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

14.63

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

15.18

With not less than 6 years’ service in the rank................................

15.74

* Notified in the Commonwealth Gazette on                                              1969.

† Statutory Rules 1966, No. 35, as amended by Statutory Rules 1966, Nos. 59, 87, 129 and 151; 1967, Nos, 24, 64, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63, 111 and 154; and 1969, Nos. 6 and 15.

19204/69—Price 8c 10/22.7.1969


Rank and length of service in the rank

Rate per day

 

$

Lieutenant—

 

With less than 2 years’ service in the rank..............................

9.81

With not less than 2 years’ but less than 4 years’ service in the rank.............

10.82

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

11.38

Second Lieutenant—

 

With less than 2 years’ service in the rank..............................

8.94

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

9.38

(2.) Regulation 12 of the Military Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (6.) the words “Fourteen dollars eighty-eight cents” and inserting in their stead the words “Sixteen dollars thirty cents”; and

(b) by omitting from paragraph (b) of that sub-regulation the words “Fifteen dollars forty cents” and inserting in their stead the words “Sixteen dollars eighty-six cents”.

(3.) Regulation 12 of the Military Financial Regulations is amended by omitting the table in sub-regulation (15.) and inserting in its stead the following table:—

Rank and length of service in the rank

Rate per day

 

$

Colonel—

 

With less than 2 years’ service in the rank..............................

15.59

With not less than 2 years’ but less than 4 years’ service in the rank.............

15.96

With not less than 4 years’ but less than 6 years’ service in the rank.............

16.33

With not less than 6 years’ service in the rank...........................

16.71

Lieutenant-Colonel—

 

With less than 2 years’ service in the rank..............................

13.85

With not less than 2 years’ but less than 4 years’ service in the rank.............

14.22

With not less than 4 years’ but less than 6 years’ service in the rank.............

14.59

With not less than 6 years’ service in the rank...........................

14.96

Major—

 

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

11.36

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

11.74

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

12.11

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

12.48

With not less than 4 years’ but less than 6 years’ service in the rank.............

12.86

With not less than 6 years’ service in the rank...........................

13.23

Captain—

 

With less than 1 year’s service in the rank

8.50

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

8.88

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

9.25

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

9.62

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

9.99

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

10.37

With not less than 6 years’ service in the rank...........................

10.74

Lieutenant—

 

With less than 2 years’ service in the rank..............................

6.78

With not less than 2 years’ but less than 4 years’ service in the rank.............

7.46

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

7.84

Second Lieutenant—

 

With less than 2 years’ service in the rank..............................

6.20

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

6.50


Rate of pay for members other than senior appointment.

2.—(1.) Regulation 190 of the Military Financial Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Rank

Rate par day

 

$

Major-General.................................................

34.87

Brigadier.....................................................

29.39

Colonel......................................................

23.01

Lieutenant-Colonel..............................................

20.40

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

16.60

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

12.39

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

9.81

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

8.94

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

8.12

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

7.80

Staff Sergeant (or relative rank)......................................

7.36

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

6.90

Corporal (or relative rank)..........................................

5.53

Lance Corporal (or relative rank).....................................

3.01

Private (or relative rank)...........................................

4.72

(2.) Regulation 190 of the Military Financial Regulations is amended by omitting the table in sub-regulation (5.) and inserting in its stead the following table:—

Rank

Rate per day

 

$

Colonel......................................................

15.59

Lieutenant-Colonel..............................................

13.85

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

11.36

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

8.50

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

6.78

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

6.20

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

6.07

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

5.86

Staff Sergeant (or relative rank)......................................

5.57

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

5.26

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

4.08

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

3.73

Private......................................................

3.54

Application.

3.—(1.) The rates of pay provided for in sub-regulations (1.), (6.) and (15.) of regulation 12 of the Military Financial Regulations as amended by regulation 1 of these Regulations apply in respect of service in the Permanent Military Forces on and after the fourth day of July, 1969.

(2.) The rates of pay provided for in sub-regulations (1.) and (5.) of regulation 190 of the Military Financial Regulations as amended by regulation 2 of these Regulations apply in respect of service in the Citizen Military Forces on and after the fourth day of July, 1969.

Gratuity—transitional provision.

4.—(1.) Where—

(a) the services of a male officer who was serving in the Permanent Military Forces on the eighteenth day of July, 1968, have been or are terminated on or after the twenty-sixth day of September, 1968;

and


(b) a gratuity would have been or would be payable under regulation 64 of the Military Financial Regulations on the termination of his services but for the repeal of that regulation by Statutory Rules 1968, No. 111,

a gratuity is, by virtue of this regulation, payable to the officer or, if the services of the officer were or are terminated by his death, to the dependants of the officer—

(c) if the services of the officer were terminated before the commencement of this regulation—upon the commencement of this regulation; or

(d) in any other case—upon the termination of the services of the officer.

(2.) The amount of the gratuity payable under the last preceding sub-regulation on the termination of the services of an officer is an amount equal to the amount of the gratuity that would have been payable under regulation 64 of the Military Financial Regulations on the termination of his services but for the repeal of that regulation.

(3.) Where the services of an officer have been or are terminated in the circumstances that were set out in sub-regulation (5.) of regulation 64 of the Military Financial Regulations before its repeal, the Military Board shall determine whether, if that regulation had not been repealed, it would have approved the payment of a gratuity under that regulation in respect of the officer and, if it determines that it would have so approved, it shall be taken, for the purpose of sub-regulation (1.) of this regulation, that a gratuity would have been payable under that regulation on the termination of the services of the officer but for its repeal.

(4.) Regulations 70 and 71 of the Military Financial Regulations apply to and in relation to the payment of a gratuity by virtue of this regulation in like manner as they applied, before the repeal of regulation 64 of those Regulations, to the payment of gratuity under that last-mentioned regulation.

(5.) In this regulation, a reference to the termination of the services of an officer shall be read as a reference to the completion by the officer of the period of service that the officer was bound to render on the eighteenth day of July, 1968, or to the termination of his services before the completion of the period of service that the officer was so bound to render, as the case may be.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Overview

The Statutory Rules 1969 No. 118, made under the Defence Act 1903-1966, were enacted to address gaps and update provisions in the Military Financial Regulations, particularly regarding the rates of pay for various ranks in the military. The Defence Act 1903-1966 provides the legislative framework for the operation and administration of the Australian Defence Force. The problem these regulations sought to address was the need to adjust the financial remuneration for military personnel to reflect changes in service duration and rank. The enacting body is the Federal Executive Council, acting on the advice of the Governor-General. The policy objective is to ensure that military personnel are compensated fairly for their service, taking into account their rank and length of service. The regulations provide updated rates of pay for different ranks and service durations, effective from July 1969, and include transitional provisions for gratuity payments for officers whose services were terminated under specific circumstances.

Scope and Application

The Regulations under the Defence Act 1903-1966, made by the Governor-General on the advice of the Federal Executive Council, primarily affect members of the Australian Defence Force, specifically the Permanent Military Forces and the Citizen Military Forces. These regulations amend the Military Financial Regulations to adjust the rates of pay for various ranks and lengths of service in the military, effective from the fourth day of July 1969. Additionally, the Regulations provide for the payment of a gratuity to officers whose services were terminated under specific circumstances after the repeal of regulation 64 of the Military Financial Regulations, ensuring that such officers or their dependants receive a gratuity equivalent to what would have been payable under the repealed regulation. The regulations apply across the Commonwealth of Australia, thereby affecting military personnel nationwide. There are no stated exclusions or thresholds in these regulations, but they do provide for specific transitional provisions related to gratuity payments for certain officers.

Key Provisions

These regulations amend the Military Financial Regulations under the Defence Act 1903-1966. Regulation 1 updates the daily rates of pay for various ranks in the Permanent Military Forces based on length of service, as detailed in the amended tables of sub-regulations (1.) and (15.) of regulation 12. Regulation 2 updates the daily rates of pay for ranks in the Citizen Military Forces, as detailed in the amended tables of sub-regulations (1.) and (5.) of regulation 190. Regulation 3 specifies that the new rates apply to service on and after July 4, 1969. Regulation 4 provides a transitional provision for gratuity payments to officers whose services were terminated after July 18, 1968, and before the repeal of regulation 64 of the Military Financial Regulations, and sets out the process for determining gratuity amounts. The regulations impose obligations on the parties they govern by specifying new rates of pay for military personnel and establishing a process for gratuity payments. They require compliance with the updated pay rates and gratuity provisions for relevant service personnel and the Military Board, respectively. Breach of these regulations could result in civil consequences, such as financial penalties or legal action for non-compliance with pay rates. However, the text does not specify any criminal offences, penalties, or consequences for breach of these regulations.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Transitional Provisions
Reporting & Disclosure Obligations

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