STATUTORY RULES
1971 No. 79
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 twenty-fourth day of June, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
Amendment of the Military Financial Regulations†
Consolidated rates of pay—General Officers.
1. Regulation 11 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) The rate at which pay is payable to a Lieutenant-General, not being an officer who holds an appointment specified in sub-section (1.) of section 9a of the Act, is a consolidated rate of Twenty thousand one hundred and fifty dollars per year.”.
Application.
2. The rate specified in sub-regulation (4.) of regulation 11 of the Military Financial Regulations as amended by the last preceding regulation applies to service of a Lieutenant-General to whom the sub-regulation refers on and after the nineteenth day of May, 1971.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1966, 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, 53, 67, 97, 112, 118, 131, 132 and 169; 1970, Nos. 5, 46, 76, 102, 133, 157 and 175; and 1971, No. 8.
Printed by Authority by the Government Printer of the Commonwealth of Australia
16187/71—Price 5c 9/17.6.1971
Overview
The Statutory Rules 1971 No. 79, enacted by the Governor-General in accordance with the Defence Act 1903-1970, introduce amendments to the Military Financial Regulations to address inconsistencies in pay rates for military personnel, specifically General Officers. This legislative instrument was issued to ensure that the compensation for Lieutenant-Generals is accurately reflected in the financial regulations. The policy objective is to maintain equitable and transparent remuneration within the defence force, ensuring that officers receive fair and updated pay rates in line with their roles and responsibilities. These regulations, made with the advice of the Federal Executive Council, aim to correct and standardise pay rates, thereby addressing any discrepancies that may have existed prior to this amendment.
Scope and Application
The Statutory Rules 1971 No. 79, made under the Defence Act 1903-1970, provide amendments to the Military Financial Regulations, specifically addressing the consolidated rates of pay for Lieutenant-Generals in the Australian Defence Force. These Regulations apply to Lieutenant-Generals who are not holding appointments specified in subsection (1) of section 9a of the Defence Act, and the amended pay rate takes effect from 19 May 1971. The scope of these Regulations is confined to the financial remuneration of Lieutenant-Generals, ensuring they receive a consolidated annual pay of Twenty thousand one hundred and fifty dollars. These Regulations operate within the Commonwealth jurisdiction and extend their application to relevant officers across the Australian Defence Force, thereby maintaining consistency in military financial practices. There are no stated exclusions, exemptions, or thresholds within this particular legislative instrument, and it operates independently without reliance on subordinate instruments for its application.
Key Provisions
The Regulations under the Defence Act 1903-1970, particularly in Statutory Rules 1971 No. 79, introduce amendments to the Military Financial Regulations concerning the pay rates for military personnel. Specifically, Regulation 11 is amended to include a new sub-regulation (4), which sets the consolidated rate of pay for a Lieutenant-General, who is not an officer holding an appointment specified in subsection (1) of section 9a of the Defence Act 1903-1970, at Twenty thousand one hundred and fifty dollars per year. This amendment applies to service rendered by a Lieutenant-General on and after 19 May 1971.
These regulations impose certain obligations on the Defence Department and military personnel. The Defence Department is required to ensure that the updated pay rates are correctly applied to eligible Lieutenant-Generals, maintaining accurate records of these payments. Military personnel, particularly those affected by the pay rate amendment, must adhere to the new rates as specified. The application of the new pay rate is tied to the service rendered on and after the specified date, necessitating precise record-keeping and compliance by both the department and the officers concerned.
Failure to comply with these regulations may result in various consequences. While the specific statutory rules do not detail the penalties or legal consequences of non-compliance, breaches of Defence Act regulations generally may lead to administrative penalties, financial corrections, or even disciplinary actions. The Defence Force Discipline Act 1982 and other relevant legislation might be invoked to address any failures to adhere to the financial regulations, with potential penalties including fines or other administrative sanctions. The exact penalties would be determined based on the severity and nature of the breach.