Federal Register of Legislation - Australian Government

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SR 2004 No. 175 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 HR03-Aug-2004
Tabled Senate03-Aug-2004
Gazetted 01 Jul 2004
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Defence Force Retirement and Death Benefits (Annual Rates of Pay) Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 1752

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973.

Dated 24 June 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

MALCOLM BROUGH

Minister for Employment Services
for the Minister for Defence


1              Name of Regulations

                These Regulations are the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Amendment Regulations 2004 (No. 1).

2              Commencement

                These Regulations commence on 13 August 2004.

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

                Schedule 1 amends the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979.

[2]           Regulation 3 

substitute

3              Definitions

                In these Regulations:

allowance means an allowance determined by the Defence Force Remuneration Tribunal under section 58H of the Defence Act.

Defence Act means the Defence Act 1903.

Determination No. 6 of 1992 means Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act, as in force from time to time.

flying allowance means the allowance of that name established by Determination No. 7 of 1997, Flying Allowance, made under section 58H of the Defence Act, as in force from time to time.

member means member of the Defence Force.

Q & S component, of an allowance, means the qualifications and skill component of the allowance.

service allowance means the allowance of that name established under Determination No. 11 of 1994, Service Allowance, made under section 58H of the Defence Act, as in force from time to time.

special action forces allowance means the allowance of that name established by Determination No. 11 of 2002, Special Action Forces Allowance, made under section 58H of the Defence Act, as in force from time to time.

specialist operations allowance means the allowance of that name established by Determination No. 19 of 2002, Specialist Operations Allowance, made under section 58H of the Defence Act, as in force from time to time.

submarine service allowance means the allowance of that name established by Determination No. 9 of 1995, Submarine Service Allowance, made under section 58H of the Defence Act, as in force from time to time.

[3]           Subregulation 4 (1)

substitute

         (1)   For the definition of annual rate of pay in subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973, the amounts set out in this regulation are prescribed.

[4]           Subregulation 4 (3)

substitute

         (3)   Subject to subregulations (4) and (5), the annual rate of pay applicable on a particular day to a member is the sum of:

                (a)    the annual rate of salary of the member on that day under Determination No. 6 of 1992; and

               (b)    for a member to whom service allowance is payable — an amount equal to the annual rate of the service allowance that is applicable in respect of service by the member on that day; and

                (c)    for a member to whom the Q & S component of:

                          (i)    flying allowance; or

                         (ii)    special action forces allowance; or

                        (iii)    specialist operations allowance; or

                        (iv)    submarine service allowance;

is payable — an amount equal to the annual rate of the Q & S component that is applicable in respect of service by the member on that day.

[5]           Subregulation 4 (4)

omit

annual pay

insert

annual rate of pay


Notes

1.       These Regulations amend Statutory Rules 1979 No. 90, as amended by 1979 Nos. 206 and 255; 1980 No. 341; Act No. 144, 1981; Statutory Rules 1982 Nos. 188 and 189; 1984 Nos. 118, 185, 393 and 394; 1985 No. 325 (as amended by 1986 No. 103); 1990 No. 12; 1991 No. 133; 1995 No. 49; 1997 No. 42.

2.       Notified in the Commonwealth of Australia Gazette on 1 July 2004.