Military Financial Regulations (Amendment)

Legislation au C1971L00008 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

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 eighteenth day of January 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for the Army.

Amendments of the Military Financial Regulations†

Rates of pay— apprentices.

1.—(1.) Regulation 12c of the Military Financial Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

Classification, stage of training and age

Rate of pay

Rate of deferred pay

Rate of net pay

 

$

$

$

 

Rate per week

Rate per week

Rate per week

Apprentice Tradesman—

 

 

 

First year of training................

13.65

0.25

13.40

Second year of training..............

17.50

0.50

17.00

Third year of training...............

20.87

0.50

30.37

Fourth year of training..............

39.06

..

39.06

 

Rate per day

Rate per day

Rate per day

Apprentice Musician—

 

 

 

First year of training—

 

 

 

Under 16 years of age...............

1.71

..

1.71

At 16 years of age.................

2.31

0.50

1.81

At 17 years of age or over............

4.13

1.65

2.48

Second year of training—

 

 

 

Under 16 years of age...............

1.71

..

1.71

At 16 years of age.................

2.31

0.18

2.13

At 17 years of age or over............

4.13

1.29

2.84

(2.) Regulation 12c of the Military Financial Regulations is amended by omitting sub-regulation (2.).

Necessaries allowance— trade apprentices.

2. Regulation 175 of the Military Financial Regulations is repealed.

* 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; and 1970, Nos. 5, 46, 76, 102, 133, 157.

25854/70—Price 5c 9/16.12.1970

Transitional— apprentices.

3.—(1.) Where the amount of pay that would have been payable to an apprentice tradesman to whom this sub-regulation applies in respect of his service during the relevant period if the amendments of the Military Financial Regulations effected by regulations 1 and 2 of these Regulations had come into operation on the twenty-fifth day of September, 1970, exceeds the sum of the amounts paid or payable to the apprentice tradesman, in respect of his service during that period, by way of pay and necessaries allowance under regulation 175 of the Military Financial Regulations as in force before the commencement of these Regulations, the apprentice tradesman is, by force of this sub-regulation, entitled to be paid an amount equal to the excess.

(2.) Where an apprentice musician was under the age of eighteen years during the relevant period or a part of the relevant period, the rates of pay specified in regulation 12c of the Military Financial Regulations as amended by these Regulations apply to and in relation to his service during the relevant period or that part of the relevant period, as the case may be.

(3.) Sub-regulation (1.) of this regulation does not affect the operation of sub-regulation (3,) of regulation 12C of the Military Financial Regulations in relation to the pay of an apprentice tradesman in respect of the relevant period.

(4.) Sub-regulation (1.) of this regulation applies to an apprentice tradesman who was, during the relevant period, in the first, second or third year of his apprenticeship training.

(5.) In this regulation, “the relevant period” is the period from and, including the twenty-fifth day of September, 1970, to and including the day immediately before the commencement of these Regulations.

Special rates or pay for certain apprentice tradesman and apprentice musicians.

4. The amendments of the Military Financial Regulations effected by regulation 1 of these Regulations do not apply to or in relation to—

(a) an apprentice tradesman who was in the fourth year of his apprentice training immediately before the commencement of these Regulations; or

(b) an apprentice musician who attained the age of eighteen years before the commencement of these Regulations,

and regulation 12c of the Military Financial Regulations as in force immediately before the date of commencement of these Regulations continues to apply to and in relation to such an apprentice tradesman or apprentice musician in respect of his service as an apprentice tradesman or apprentice musician on and after that date.

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

Overview

The Statutory Rules 1971 No. 00008, enacted by the Governor-General in Council under the Defence Act 1903-1970, address the need to update and adjust the rates of pay and allowances for military apprentices, specifically tradesmen and musicians, within the Defence Force. This legislative instrument aims to provide a structured financial framework that reflects the varying stages of apprenticeship training and age, ensuring fair compensation. The regulations were designed to modernise and rationalise the financial support for apprentices, ensuring it aligns with the evolving demands of military training and service. The policy objective is to maintain a motivated and well-supported apprentice workforce within the Defence Force by providing competitive and equitable remuneration.

Scope and Application

The Statutory Rules 1971 No. 0008, under the Defence Act 1903-1970, amends the Military Financial Regulations to adjust the rates of pay for apprentices within the Defence Force. This legislation applies to individuals classified as apprentice tradesmen and apprentice musicians who are undergoing training within the Defence Force. The amendments specifically affect those apprentices who are in their first, second, or third year of training, as well as those musicians who are under the age of eighteen. These changes are effective from the date of the regulations' commencement, with specific transitional provisions addressing pay discrepancies that may arise from the amendments for apprentices who were in service before the regulations took effect. Notably, the new pay rates do not apply to apprentices in their fourth year of training or to musicians who have reached the age of eighteen before the regulations' commencement, for whom the previous pay rates continue to apply. The regulations are issued under the authority of the Commonwealth of Australia and are binding across the entire Commonwealth, ensuring uniform application of the new pay rates throughout all Defence Force training programs.

Key Provisions

The Statutory Rules 1971 No. 0008, made under the Defence Act 1903-1970, introduce amendments to the Military Financial Regulations, specifically focusing on the pay rates for apprentice tradesmen and musicians within the military. Regulation 1 amends the table in sub-regulation 12c to set new rates of pay, deferred pay, and net pay for apprentice tradesmen and musicians based on their stage of training and age. The amendment also removes the table in sub-regulation 12c(2). Regulation 2 repeals regulation 175, which dealt with the necessaries allowance for trade apprentices. Transitional provisions in Regulation 3 ensure that any shortfall in pay or allowances due to the amendments is compensated for apprentices who were in training before the commencement of these regulations. Regulation 4 specifies that the new pay rates do not apply to apprentice tradesmen in their fourth year of training or to apprentice musicians who have turned eighteen before the regulations took effect. These regulations impose specific obligations on the Defence Department and the apprentices themselves. The Defence Department must ensure that the new pay rates as outlined in Regulation 1 are correctly implemented and that any shortfalls as per Regulation 3 are compensated. Apprentices, on the other hand, must adhere to the new pay structures and training requirements as set out in these regulations. The transitional provisions in Regulation 3 require the Defence Department to review and adjust payments retroactively for apprentices who were affected by the changes. Failure to comply with these regulations may result in various consequences. While the regulations do not explicitly outline penalties for non-compliance, breaches of military financial regulations generally can lead to disciplinary actions, including fines or other administrative penalties. The Defence Force Discipline Regulations, which are not detailed in this specific piece of legislation, would typically govern such disciplinary measures. The maximum penalties, therefore, would be in line with those provided for under the broader Defence Force Discipline Act and Regulations, which can include fines, reductions in rank, or other punitive measures.

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