Military Financial Regulations (Amendment)

Legislation au C2004L09748 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1971 No. 118

 

REGULATIONS UNDER THE DEFENCE ACT 19031970.*

I, THE GOVERNORGENERAL 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 19031970.

Dated this twentysixth day of August, 1971.

Paul Hasluck GovernorGeneral.

By His Excellency's Command,

Andrew Peacock

Minister of State for the Army.

AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS

Consolidated rates or pay—General Officers.

1. Regulation 11 of the Military Financial Regulations is amended by omitting subregulation (1) and inserting in its stead the following subregulations:—

" (3.) The rate at which pay is payable to a male officer who is a medical officer or a dental officer and holds a rank specified in the following table is the consolidated rate specified in that table in relation to the rank that he holds.

 

Rank

Consolidated rate per year

 

Brigadier

Colonel

LieutenantColonel

15108,

14,901

13,779

 

 

" (3A.) The rate at which pay is payable to a female officer who is a medical officer or a dental officer and holds a rank specified in the following table is the consolidated rate specified in that table in relation to the rank that she holds.

 

Rank

   Consolidated rate per year

 

 

$

Colonel                                        14,473

LieutenantColonel                 13,351

 

 

 

   Notified in the Commonwealth Gazette on 1971.

Statutory Rules 1960, No. 35, as amended by Statutory Rules 1966, Nos. 58, 87, 129 and 151; 1967, Nos. 24, 34, 111, 145 and 163; 1968, Nos. 49, 50, 62, 63, 111 and 154; 1969, Nos. 6, 15, 33. 67, 97, 112, 118, 131, 132 and 169; 1970, Nos. 5, 46, 76, 102, 133, 157 and 175; and 1971, Nos. 8 and 45.

17190/71—Price 10c 10/11.8.1971

 

Rates of paymale officers.

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

omitting the table in subregulation (2.) and inserting in its stead the following

table:

 

Rank and length of service in the rank

Rate per day

Major

$

With less titan 1 year's service in the rank             

26.34

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

27.49

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

28.93

With not less than 3 years' service in the rank             

30.07

Captain

 

With less than I year's service in the rank

19.50

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

20.64

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

21.78

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

22.92

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

24.06

With not less than 5 years' service in the rank

25.20

 

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

(a)      by inserting in subregulation (5.) before the word "person" the word "male"; and

(b)      by omitting from that subregulation the words "Five dollars ninetysix cents " and inserting in their stead the words "Six dollars twelve cents".

(3.) Regulation 12 of the Military Financial Regulations is amended by omitting the table in subregulation (6.) and inserting in its stead the following table:

Nature of course of studies and stage of training Rate per day

$

Member undergoing a threeyear course at a University

During the second year of the course                5.43

During the third year of the course               6.12

Member undergoing a fouryear course at a University

During the second year of the course                5.43

During the third year of the course                5.78

During the fourth year of the course                6.12

Member undergoing a fiveyear course at a University

During the third year of the course                5.43

During the fourth year of the course                5.78

During the fifth year of the course               6.12

 Member undergoing the final year of a course at a Technical College              6.12
Member who has successfully completed his course at a University or Technical

College                  6.12

 

Rates of payfemale officers

3.(1.) Regulation 12D of the Military Financial Regulations is amended by omitting the table in subregulation (2.) and inserting in its stead the following table:

 

 

Major

With less than 1 year's service in the rank   

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

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

With not less than 3 years' service in the rank

Captain

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

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

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

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

With not less than 5 years' service in the rank  

(2.) Regulation 12D of the Military Financial Regulations is amended by adding at the end thereof the following subregulation:—

" (3.) Where a female person is appointed a lieutenant in the Permanent Military Forces while undergoing a medical course at a University, the rate of pay of the officer from and including the date of commencement of her service in accordance with subregulation (2.) of regulation 15 of these Regulations to and including the day immediately before the day as from which she is pro­moted to the rank of captain in the Regular Army Supplement is Five dollars sixtyeight cents per day.".

Calculation of Pay.

4. Regulation 15 of the Military Financial Regulations is amended by inserting in subregulation (2.), after the Word and figure " regulation 12 ", the words ", or subregulation (3.) of regulation 12D,".

Rates of Pay for members other than senior appointments

5.—(1.) Regulation 190 of the Military Financial Regulations is amended

by omitting the table in subregulation (2.) and inserting in its stead the

following table:—

 

Rank

Rate per day

 

$

Brigadier 

41.39

Colonel

40.82

LieutenantColonel

37.75

Major

26.34

Captain

19.50

(2.) Regulation 190 of the Military Financial Regulations is amended by omitting the table in subregulation (6.) and inserting in its stead the following table:—

 

Rank

Rate per day

 

$

Colonel 

39.65

LieutenantColonel

36.57

Major

25.17

Captain 

18.49

Application.

6. The rates of pay provided for in the Military Financial Regulations as amended by these Regulations, other than the rate prescribed in subregulation (3.) of regulation 12D of those Regulations, apply in respect of service in the Permanent Military Forces or the Citizen Military Forces, as the case requires, otherwise than in an appointment specified in the table in subregulation (1.) of regulation 189 of the Military Financial Regulations on and after the first day of January, 1971.

Transitional.

7.—(1.) Where a male medical officer or dental officer, during the period from and including the ninth day of October, 1970, to and including the thirtyfirst day of December, 1970, or during a part of that period, served in the Permanent Military Forces while holding the rank of Colonel or LieutenantColonel, the officer is entitled to be paid in respect of his service during that period while holding such a rank, as additional pay, an amount equal to the amount by which the sum of the pay and allowances paid or payable to him in respect of that service is less than the sum of the pay and allowances that would have been payable to him in respect of that service if the Military Financial Regulations as amended by Statutory Rules 1970, No. 157, had been in force throughout that period, and he would have been entitled to be paid pay at the consolidated rate specified in relation to his rank in the following table instead of at the rate provided for in subregulation (3.) of regulation 11 of the Military Financial Regulations as so amended:—

 

Rank Consolidated

rate per year

$

Colonel               17,058

LieutenantColonel               12,999

 

(2.) Where a male officer of the Military Forces was by virtue of regulation 10 of Statutory Rules 1970, No. 157, in receipt of pay in respect of service in the Permanent Military Forces at any time during the period referred to in the last preceding subregulation in accordance with subregulation (2.) of regulation 12 of the Military Financial Regulations as amended by those Statutory Rules and the sum of the pay that would have been payable to the officer in respect of that service if he had been entitled to be paid pay at the rate per day specified, in relation to the officer's rank and length of service in his rank, in the First Schedule to these Regulations exceeds the sum of the pay paid or payable to the officer, but for this subregulation, in respect of that service, the officer is entitled to be paid an amount equal to the excess as additional pay in respect of that service.

(3.) Each of the following periods is a period to which the next succeeding subregulation applies:—

(a)     the period from and including the nineteenth day of December, 1969, to and including the tenth day of September, 1970;

(b)     the period from and including the eleventh day of September, 1970,

to and including the eighth day of October, 1970; and

(c)     the period specified in subregulation (1.) of this regulation.

(4.) Where a female officer of the Military Forces was in receipt of pay in respect of service in those Forces at any time in a period to which this subregulation applies in accordance with subregulation (19.) of regulation 12 or subregulation (2.) of regulation 12o of the Military Financial Regulations and the sum of the pay that would have been payable to her in respect of that service if she had been entitled to be paid pay at the consolidated rate specified in rela­tion to her rank, or at the rate per day specified, in relation to her rank and length of service in her rank—

(a)     in the case of the period referred to in paragraph (a) of the last preceding subregulation—in the second column of the Second Schedule to these Regulations;

(b)     in the case of the period referred to in paragraph (b) of the last preceding subregulation—in the third column of that Schedule; or

(c)     in the case of the period referred to in paragraph (c) of the last preceding subregulation—in the fourth column of that Schedule,

exceeds the sum of the pay paid or payable to her, but for this subregulation, in respect of that service, the officer is entitled to be paid an amount equal to the excess as additional pay in respect of that service.

(5.) Where a male officer of the Military Forces was in receipt of pay in respect of service in those Forces at any time during the period from and including the eighteenth day of December, 1970, to and including the thirtyfirst day of December, 1970, in accordance with subregulation (5.) of regulation 12 of the Military Financial Regulations, the officer is entitled to be paid in respect of that service, as additional pay, an amount equal to the amount by which the sum of the pay paid or payable to him, but for this subregulation, in respect

of that service is less than the sum of the pay that would have been payable to him in respect of that service if he had been entitled to be paid pay at the rate of Five dollars seventytwo cents per clay.

(6.) Each of the following periods is a period to which the next succeeding subregulation applies:—

(a)     the period from and including the twentyfifth day of September, 1970, to and including the seventeenth day of December, 1970; and

(b)     the period specified in the last preceding subregulation.

(7.) Where a male officer of the Military Forces was in receipt of pay in respect of service in those Forces during a period to which this subregulation applies in accordance with subregulation (6.) of regulation 12 of the Military Financial Regulations and the sum of the pay that would have been payable to him in respect of that service if he had been entitled to be paid pay at the rate per day specified, in relation to the nature of his course of studies arid his stage of training—

(a)     in the case of the period referred to in paragraph (a) of the last preceding subregulationin the second column of the Third Schedule to these Regulations; or

(b)     in the case of the period referred to in paragraph (b) of the last preceding subregulation—in the third column of that Schedule, exceeds the sum of the pay paid or payable to him, but for this subregulation, in respect of that service, the officer is entitled to be paid an amount equal to the excess as additional pay in respect of that service.

(8.) Where a male medical officer or dental officer, during the period referred to in subregulation (1.) of this regulation, served in the Citizen Military Forces, otherwise than in an appointment specified in the table in subregulation (L) of regulation 189 of the Military Financial Regulations, while holding the rank of Colonel, LieutenantColonel or Major the officer is entitled to be paid in respect of his service during that period while holding such a rank, as additional pay, an amount equal to the amount by which the pay paid or payable to him in respect of that service is less than the pay that would have been payable to him in respect of that service if he would have been entitled to be paid pay at the rate per day specified in relation to his rank in the following table:—

Rank Rate per day

Colonel ..              38.51

LieutenantColonel ..              35.61

Major ..              24.91

 

(9.) Where a female officer was in receipt of pay in respect of service in the Citizen Military Forces at any time during a period to which subregulation (4.) of this regulation applies in accordance with subregulation (6.) of regulation 190 of the Military Financial Regulations, the officer is entitled to be paid in respect of that service, as additional pay, an amount equal to the amount by which the sum of the pay paid or payable to her, but for this subregulation, in respect of that service is less than the sum of the pay that would have been payable to her in respect of that service if she had been entitled to be paid pay at the rate per day specified in relation to her rank—

(a) in the case of the period referred to in paragraph (a) of subregulation (3.) of this regulation—in the second column of the Fourth Schedule to these Regulations;

(b)     in the case of the period referred to in paragraph (b) of subregulation (3.) of this regulation in the third column of that Schedule; or

(c)     in the case of the period referred to in paragraph (c) of subregulation (3.) of this regulation in the fourth column of that Schedule

 

 

THE SCHEDULES

FIRST SCHEDULE Regulation 7 (2.).

RATES OF PAY roll CERTAIN MALE OFFICERS WHO WERE MEDICAL OFFICERS OR DENTAL OFFICERS IN RESPECT OF THE PERIOD FROM 9TH OCTOBER, 1970, TO 31ST DECEMBER, 1970, INCLUSIVE

 

 

Major

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

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

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

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

Captain

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

With not less than 1 year's service hut less than 2 years' service in the rank

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

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

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

With not less than 5 years' service in the rank: .

SECOND SCHEDULE Regulation 7 (4.)

RATES OF PAY FOR FEMALE OFFICERS WHO WERE MEDICAL OFFICERS OR DENTAL OFFICERS
1N RESPECT OF CERTAIN PERIODS

 

First Column

Rank and length of service in the rank

Second Column

From

19 December
1969 to

10 September

1970

Third Column

From
11 September
1970 to
8 October
1970

Fourth Column

From
9 October
1970 to
31 December
1970

 

 

 

 

Colonel    

LieutenantColonel   

 

 

 

Major

With less than 1 year's service in the rank
With not less than 1 year's service but less than

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

in the rank  

With not less than 3 years' service in the rank Captain

With less than 1 year's service in the rank
With not less than 1 year's service but less than

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

in the rank 

With not less than 3 but less than 4 years' service

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

 in the rank

With not less than 5 years’ service in the rank

 

 

Consolidated rate per year in dollars

12,895

11,891

Rate per day
in dollars

22.19

23.18

24.49

25.49

17.03

17.83
18.62 

19.42

20.22

21.20

Consolidated rate per year in dollars

12,895

11,891

Rate per day
in dollars

22.44

23.43

24.74

25.74

17.28 

18.08 

18.87 

19.67

20.47

21.45

Consolidated rate per year in dollars

13,630

12,571

Rate per day
to dollars

23.74

24 . 82

26.18

27.26

17.28 

18.36 

19.44 

20.51 

21.59

22.67

 

 

THE SCHEDULEScontinued

THIRD SCHEDULE Regulation 7 (7.). RATES OF PAY FOR CERTAIN OFFICERS WHO WERE STUDENTS IN RESPECT OF CERTAIN PERIODS

 

First Column

Nature of course of studies and stage or training

Second Column

From 25 September
1970 to 17
December 1970

Rate per day

Third Column

From 18 December
1970 to 31
December 1970

Rate per day

Member undergoing, a threeyear course at a University

 

 

During the second year of the course 

4.63

5.12

During the third year of the course 

5.49

5.72

Member undergoing a fouryear course at a University

 

 

During the second year of the course 

4.63

5.12

During the third year of the course 

5.00

5.42

During the fourth year of the course

5.49

5.72

Member undergoing a fiveyear course at a University

 

 

During the third year of the course 

4.63

5.12

During the fourth year of the course

5.00

5.42

During the fifth year of the course 

5.49

5.72

Member undergoing the final year of a course at a Technical

College 

5.49

5.72

Member who has successfully completed his course at a

University or Technical College 

5.49

5.72

 

FOURTH SCHEDULE Regulation 7 (9.).

RATES OF PAY FOR FEMALE MEDICAL OFFICERS AND DENTAL OFFICERS OF
THE CITIZEN MILITARY FORCES IN RESPECT OF CERTAIN PERIODS

First Column
Rank

Second Column

Front

19 December 1969 to

10 September

1970

Rate per day

Third Column

From
11 September
1970 to
8 October
1970

Rate per day

Fourth Column

From
9 October
1970 to
31 December
1970

Rate per day

 

Colonel                ..35.32

LieutenantColonel                             ..32.57

Major                ..22.19              ..

Captain                ..17.03

 

 

$

35.32

32.57

22.19

17.03

$

35.32

32.57

22.44

17.28

$

37.34

34.44

2374

17.28

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 118, Regulations under the Defence Act 1903-1970, were enacted to amend the Military Financial Regulations in relation to the pay rates for officers in the Australian Defence Force. These regulations were made by the Governor-General in accordance with the Defence Act and came into effect on 1 January 1971. The policy objective of these regulations was to revise and update the pay scales for various ranks and roles within the military, ensuring that officers received fair compensation for their service, which included adjustments for gender and length of service. The regulations applied to both the Permanent Military Forces and the Citizen Military Forces, excluding certain senior appointments.

Scope and Application

The Regulations under the Defence Act 1903-1970, dated 1971, primarily apply to male and female officers in the Military Forces of Australia, including both the Permanent Military Forces and the Citizen Military Forces, with a particular focus on medical and dental officers, as well as officers undergoing specific courses of study. These Regulations establish the rates of pay for these officers based on their rank, length of service, and the nature of their duties. The provisions outlined in the Regulations are applicable to officers who serve outside of specific senior appointments outlined in the Military Financial Regulations. The adjustments to pay rates are effective from January 1, 1971, with transitional provisions ensuring that officers who served during specified periods between 1969 and 1970 receive appropriate compensation for any discrepancies in their pay. The Regulations also extend to officers who were students during certain periods, providing specific rates of pay according to their course of study and stage of training. Notably, the Regulations do not apply to officers in senior appointments as detailed in regulation 189 of the Military Financial Regulations. The scope of these Regulations is comprehensive, covering various ranks and lengths of service, and ensuring that officers receive fair compensation for their service.

Key Provisions

The statutory instrument in question, Statutory Rules 1971 No. 118, constitutes Regulations under the Defence Act 1903-1970, and it amends the Military Financial Regulations to set new consolidated rates of pay for various military officers. Specifically, section 1 of the Regulations amends Regulation 11 of the Military Financial Regulations to specify the consolidated rates of pay for male and female medical and dental officers holding ranks of Brigadier, Colonel, and Lieutenant-Colonel. Section 2 modifies Regulation 12 to detail the daily rates of pay for male officers at various ranks and lengths of service. Section 3 introduces new rates of pay for female officers, aligning them with the ranks and service lengths outlined for male officers in section 2. Section 4 amends Regulation 15 to include sub-regulation 3 of Regulation 12D in the calculation of pay. Section 5 revises Regulation 190 to set new daily rates of pay for members holding ranks other than senior appointments. The Regulations apply to service in the Permanent Military Forces or the Citizen Military Forces, excluding certain senior appointments, from 1 January 1971 onwards (Section 6). Transitional provisions (Section 7) provide for additional pay for officers who served during specific periods, ensuring they receive compensation equivalent to what they would have earned under previous regulations. The Regulations impose several obligations on the parties they govern. For instance, they require that the Defence Force accurately calculate and disburse pay according to the new rates specified, taking into account an officer's rank, length of service, gender, and whether they were undergoing medical training. The Regulations also mandate that officers who served during the transitional periods receive additional pay if their actual earnings fell short of what they would have earned under the previous pay structure. The Regulations further stipulate that the new pay rates apply to all eligible officers serving from 1 January 1971 onwards, barring those in specified senior appointments. Breaches of the Regulations could lead to serious consequences. Although the specific offences and penalties are not detailed in the text, under Australian law, non-compliance with statutory regulations can result in both civil and criminal penalties. Civil penalties might include fines, compensation for financial loss, or other corrective measures. Criminal penalties could involve imprisonment, fines, or both, depending on the severity of the breach and the intent behind it. The exact penalties would be determined by the courts, taking into account the specific circumstances of each case.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Transitional Provisions

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.