Federal Register of Legislation - Australian Government

Primary content

SR 1982 No. 188 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 HR17-Aug-1982
Tabled Senate18-Aug-1982
Gazetted 11 Aug 1982
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1982 No. 1881

__________

Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations2 (Amendment)

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 3 August 1982.

                                                                                                             N. M. STEPHEN

                                                                                                            Governor-General

     By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Defence

__________

Annual pay applicable to a member

          1.    Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations is amended—

                (a)    by inserting before sub-regulation (2) the following sub-regulation:

                       “(1)    In this regulation—

‘service allowance’ means a service allowance for members specified by the Minister;

‘special allowance’ means a special allowance for medical officers and dental officers specified by the Minister.”;

               (b)    by omitting paragraph (3) (a) and substituting the following paragraph:

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

                                     (i)     service allowance; or

                                    (ii)     special allowance,

is payable—the amount ascertained by adding an amount equal to the annual rate of the allowance that is applicable in respect of service by the member on that day to an amount equal to the annual rate of salary of the member on that day under the Defence Force (Salaries) Regulations; or”;

                (c)    by inserting in sub-regulation (5) “principal naval chaplain,” after “appointment as”;

               (d)    by adding at the end of sub-regulation (6)—

                           “;       (e) for a member referred to in Item 11 of Schedule 9 to the Defence Force (Salaries) Regulations who is undergoing the first year of a course of training—the rate specified in that item for the 2nd year”; and

                (e)    by inserting after sub-regulation (6) the following sub-regulation:

                        “(6A)   For the purposes of sub-regulation (3), the annual pay applicable to a member on a particular day shall include the amount, or the sum of the amounts, payable to that member in respect of service on that day under—

                         (a)    regulation 18 of the Naval Financial Regulations; or

                         (b)    regulation 38 of the Naval Financial Regulations, regulation 13 of the Military Financial Regulations or regulation 552 of the Air Force Regulations.”.

Application—regulation 1

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

                (a)    in the case of the amendment in respect of special allowance effected by paragraph (b) of that regulation—after 30 December 1981; and

               (b)    in the case of the amendments effected by paragraphs (c) and (e) of that regulation—after 4 November 1981.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 11 August 1982.

2.       Statutory Rules 1979 No. 90 as amended by 1979 Nos. 206 and 255; 1980 No. 341; Defence Force Retirement and Death Benefits Amendment Act No. 144, 1981.