Federal Register of Legislation - Australian Government

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SR 1979 No. 255 Regulations as made
These Regulations amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR19-Feb-1980
Tabled Senate19-Feb-1980
Gazetted 30 Nov 1979
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules

1979 No. 255

REGULATIONS UNDER THE DEFENCE FORCE
RETIREMENT AND DEATH BENEFITS ACT 1973
1

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973.

          Dated this twenty-seventh day of November 1979.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

 

J. E. McLEAY

Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence

_______________

AMENDMENT OF THE DEFENCE FORCE RETIREMENT
AND DEATH BENEFITS (ANNUAL RATES OF PAY)
REGULATIONS2

1              Annual pay applicable to a member

                Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended by omitting paragraph (a) of sub-regulation (3) and substituting the following paragraph:

              “(a)    if he belongs to a class of members to whom–

                          (i)    service allowance is payable under regulation 10; or

                         (ii)    an allowance is payable under regulation 10A,

                        of the Defence Force (Salaries) Regulations, the amount ascertained by adding an amount equal to–

                        (iii)    in the case of regulation 10–the rate of service allowance on that day under that regulation to an amount equal to the annual rate of salary of the member on that day under the Defence Force (Salaries) Regulations; and

                        (iv)    in the case of regulation 10A–the annual rate of the allowance that is applicable in respect of service on that day under that regulation to an amount equal to the annual rate of salary of the member on that day under the Defence Force (Salaries) Regulations.”.

2              Transitional–annual pay deemed to include special allowance for senior medical or dental officers from 10 or 11 May 1979 to 13 June 1979

         (1)   Notwithstanding sub-regulation 4 (6) of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as in force on any day during the prescribed period the annual pay applicable on a particular day during that period to a member of the Defence Force who was a medical or dental officer within the meaning of the Defence Force (Salaries) Regulations in respect of service during that period in the rank of–

                (a)    Commodore in the Navy;

               (b)    Brigadier in the Army;

                (c)    Air Commodore in the Air Force;

               (d)    Rear-Admiral in the Navy;

                (e)    Major-General in the Army; or

                (f)    Air Vice-Marshal in the Air Force,

shall be deemed to have included an allowance at the rate of–

               (g)    in relation to a member of the rank referred to in paragraph (a), (b) or (c)–$3,478 per annum; or

               (h)    in relation to a member of the rank referred to in paragraph (d), (e) or (f)–$1,688 per annum.

         (2)   In sub-regulation (1), “prescribed period” means–

                (a)    in relation to a member of the Navy or of the Army–the period that commenced on 11 May 1979 and ended on 13 June 1979; and

               (b)    in relation to a member of the Air Force–the period that commenced on 10 May 1979 and ended on 13 June 1979.

3              Transitional–annual pay deemed to include special allowance for senior medical or dental officers from 14 June 1979 to 4 or 5 July 1979

         (1)   Notwithstanding paragraph 4 (3) (b) of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations the annual pay applicable on a particular day during the prescribed period to a member who was a medical or dental officer within the meaning of the Defence Force (Salaries) Regulations in respect of service during that period in the rank of–

                (a)    Commodore in the Navy;

               (b)    Brigadier in the Army;

                (c)    Air Commodore in the Air Force;

               (d)    Rear-Admiral in the Navy;

                (e)    Major-General in the Army; or

                (f)    Air Vice-Marshal in the Air Force,

shall be deemed to have included an allowance at the rate of–

               (g)    in relation to a member of the rank referred to in paragraph (a), (b) or (c)–$3,478 per annum; or

               (h)    in relation to a member of the rank referred to in paragraph (d), (e) or (f)–$1,688 per annum.

         (2)   In sub-regulation (1), “prescribed period” means–

                (a)    in relation to a member of the Navy or of the Army–the period that commenced on 14 June 1979 and ended on 5 July 1979; and

               (b)    in relation to a member of the Air Force–the period that commenced on 14 June 1979 and ended on 4 July 1979.

4              Application

                The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations as amended by regulation 1 apply in relation to service by–

                (a)    members of the Navy or of the Army after 5 July 1979; and

               (b)    members of the Air Force after 4 July 1979.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 30 November 1979.

2        Statutory Rules 1979 No. 6 and see also Statutory Rules 1979 Nos. 6, 90 and 206.