Defence Forces Retirement Benefits Act 1948 (Cth)
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The notes at the end of this compilation
(the
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Contents
This Act may be cited as the
Defence Forces Retirement Benefits Act 1948 .
This Act shall come into operation on a date to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
annual pay , in relation to a member, means the product of his daily rate of pay and 365, less any cents included in that product.
children includes children adopted by a member and dependent on him at the time of his death.
contributor means a member who is or has been contributing under this Act to the Fund.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in theGovernance of Australian Government Superannuation Schemes Act 2011 .
daily rate of pay , in relation to a member, means his maximum daily rate of active pay as ascertained in accordance with the regulations.
eligible child means:
(a) a child under the age of 16 years; or
(b) a child who:
(i) has attained the age of 16 years but has not attained the age of 25 years;
(ii) is receiving full‑time education at a school, college or university; and
(iii) is not ordinarily in employment or engaged in work on his own account.
Finance Minister means the Minister administering thePublic Governance, Performance and Accountability Act 2013 .
initial engagement means an engagement as a member which did not commence immediately upon the termination of a prior engagement as a member.
invalidity benefit means benefit to which a member is entitled by virtue of subsection 51(1) and includes a deferred benefit that is applicable in respect of a person under Division 3 of Part VIC and is payable by virtue of paragraph 82ZB(2)(a).
member means a member of the Defence Force on continuous full time service, but does not include an indigenous inhabitant of Papua New Guinea who, at the time he engaged to serve, or was appointed, as such a member was a resident of Papua New Guinea.
officer means:
(a) in relation to the Navy—a member who is a commissioned officer or subordinate officer, but does not include a petty officer;
(b) in relation to the Army—a member who is a commissioned officer; and
(c) in relation to the Air Force—a member who is a commissioned officer;
and includes a cadet enrolled at the Royal Australian Naval College or at the Royal Military College or a member enlisted in the Permanent Air Force as an air cadet.
period of non‑effective service , in relation to a member, means, subject to subsection 4AA(5), any period of service of the member exceeding 21 consecutive days during which the member was:
(a) on leave of absence without pay;
(b) absent without leave;
(c) awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted; or
(d) undergoing field punishment, detention or imprisonment.
Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.
rank means:
(a) in relation to a member of the Navy:
(i) his confirmed rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or
(ii) if he is provisionally promoted to another rank—that other rank;
(b) in relation to a member of the Army:
(i) his substantive rank in his permanent corps or unit or, if he is appointed provisionally or on probation, the rank to which he is so appointed in his permanent corps or unit; or
(ii) if he is provisionally promoted to another rank in his permanent corps or unit—that other rank; and
(c) in relation to a member of the Air Force:
(i) his substantive rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or
(ii) if he is provisionally promoted to another rank—that other rank.
Reserve means:
(a) in relation to a member of the Navy—the Naval Reserve; and
(b) in relation to a member of the Army—the Army Reserve; and
(c) in relation to a member of the Air Force—the Air Force Reserve.
retirement , in the case of a member not being an officer, includes discharge.
retiring age for the rank held , in relation to a member, means the age for compulsory retirement of a member of the rank, branch and group of the member as prescribed, for the purposes of this Act, by regulations under this Act in force at the date of his retirement.
service means service as a member.
service for pension means continuous full time service as a member after attaining the age of 20 years other than:
(a) in the case of a member other than an officer—service not served under engagement for a definite term; or
(b) subject to subsection (3), service in respect of which a member is not permitted or required to contribute to the Fund.
the appointed date means the date of commencement of this Act.
the Authority means the Defence Force Retirement and Death Benefits Authority established by section 8 of theDefence Force Retirement and Death Benefits Act 1973 , as in force before its repeal by item 44 of Schedule 1 to theSuperannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 .
the Service means the Navy, the Army or the Air Force as the case requires.
the Superannuation Fund means the Superannuation Fund established under theSuperannuation Act 1922‑1948 .
(1A) For the purposes of this Act, a person shall be deemed to have served as a member during any period (whether before or after the commencement of this subsection) if he served during that period as a member as defined by this section as in force during that period.
(2) For the purposes of this Act, but subject to subsection 4AA(4), a member of the Defence Force on continuous full time service shall not be deemed to have ceased to be on continuous full time service during any period when he is:
(a) absent with or without leave;
(b) awaiting or undergoing trial on any charge; or
(c) undergoing punishment, detention or imprisonment;
and any such period shall be deemed to be a period of service.
(2A) Where a member of the Defence Force not on continuous full time service commences continuous full time service, then, for the purposes of this Act:
(a) if he is an officer on the day on which he so commences—he shall be deemed to have been appointed as an officer on that day for the period for which he is to serve on continuous full time service; and
(b) if he is a member other than an officer on the day on which he so commences—he shall be deemed to have engaged to serve as a member of the Defence Force on that day for the period for which he is to be on continuous full time service.
(2B) Where a member of the Defence Force on continuous full time service ceases to be on continuous full time service but continues to be a member of the Defence Force, he shall, for the purposes of this Act, be deemed to have retired on the day on which he ceases to be on continuous full time service.
(3) In subsections 52(6) and (7), paragraph 52(8)(b) and sections 56A and 72,
service for pension includes service in respect of which, by virtue of section 36, a member is not permitted or required to contribute to the Fund.(4) In determining the service for pension of a member for the purposes of a provision of this Act (other than subsections 52(6) and (7), paragraph 52(8)(b) and section 56A), service of the member immediately before a period in respect of which the member was not permitted or required to contribute to the Fund by virtue of section 36 and service of the member immediately after that period shall be deemed to be continuous.
(5) In this Act, a reference to a Schedule shall be read as a reference to a Schedule to this Act.
(6) Where, by virtue of an election made by a member in pursuance of the Air Force Regulations within a period of 4 months after the commencement of this subsection, the age for compulsory retirement of the member is an age other than the retiring age for the rank held by him, this Act shall apply to and in relation to the member as if the retiring age for the rank held by him were the age for compulsory retirement of the member.
(7) For the purposes of this Act, an officer shall be deemed to be serving under a short service commission if his appointment as an officer is for a period specified in the appointment.
(1) In this section,
national serviceman means a member who is a national serviceman or a national service officer for the purposes of theNational Service Act 1951‑1968 .(2) Where a national serviceman has been absent on leave of absence without pay for a continuous period that exceeds 30 days, he is not permitted, and shall not be required, to contribute to the Fund in respect of such part of the period during which he is so absent as extends beyond 30 days.
(3) Where a national serviceman dies or is discharged during any period in respect of which, by virtue of subsection (2), he is not permitted or required to contribute to the Fund, pension under this Act, or gratuity under section 52, is not payable to or in respect of him.
(4) In determining the period of service for pension of a national serviceman for the purposes of this Act, any period in respect of which, by virtue of subsection (2), the national serviceman was not permitted or required to contribute to the Fund shall not be treated as a period of service, but service of the national serviceman immediately before such a period and service of the national serviceman immediately after that period shall be deemed to be continuous.
(5) In the application of this Act to or in respect of a national serviceman,
period of non‑effective service does not include a period during which the national serviceman is absent on leave of absence without pay.
(1) For the purposes of this Act in its operation before 1 October 1972, members are divided into categories according to their respective rates of annual pay, and each member has a category number ascertained in accordance with subsection (2).
(2) The category number of a member is:
(a) if the annual pay of the member is less than the prescribed amount—the number ascertained in accordance with the formula , where A is the number of dollars in his annual pay or, if the number of dollars in his annual pay is not a multiple of 130, the next lower number that is such a multiple; and
(b) in any other case—the number ascertained in accordance with the formula , where:
B is the number of dollars in the prescribed amount; and
C is the number by which the number of dollars in the member’s annual pay exceeds the number of dollars in the prescribed amount or, if the number so ascertained is not a multiple of 163, the next lower number that is such a multiple.(3) A reference in this Act to a change in the category of a member shall be read as a reference to a change in his category number.
(3A) Where, after the expiration of a period of 2 years after a member has attained the retiring age for the rank held by him, his category changes, the change in category shall be disregarded for the purposes of this Act.
(3B) Where the category of a member changes and, as a result of the change, the amount of contribution to be paid fortnightly by him to the Fund would, if he did not make an election under this subsection, become less, he may, by notice in writing given to the Board within 4 months after the change, elect to have that change in category disregarded, and, if he so elects, that change in category shall be disregarded for the purposes of this Act.
(4) In this section,
the prescribed amount means such amount, being a multiple of $130, as is specified in the regulations for the purposes of this section.(5) In making a regulation for the purposes of subsection (4), the Governor‑General shall have regard to any general variations in the rates of annual pay of members that have occurred.
(6) A regulation for the purposes of subsection (4) may be expressed to have taken effect from a date earlier than the date on which the regulation is made, being a date not earlier than 6 months before the date on which the regulation is made.
(1) The cost of the administration of this Act shall be paid out of moneys appropriated from time to time by the Parliament for the purpose.
Any instalment of pension or any other benefit that became or becomes payable under this Act on or after 1 October 1972 must be paid by the Commonwealth and the Consolidated Revenue Fund is appropriated accordingly.
(1) Subject to subsection (2), a member who retires ceases to be a member, for the purposes of this Act, on the day following the date of his retirement.
(2) Where a contributor retires and, without a break in the continuity of his service, again becomes a member, he shall, for the purposes of this Act, be deemed not to have ceased to be a member by reason of that retirement.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) This section applies to an officer who:
(a) is a contributor;
(b) has completed 20 years’ service for pension; and
(c) is not entitled to invalidity benefit.
(2) An officer to whom this section applies is entitled, on his retirement on or after attaining the retiring age for the rank held by him, to pension in accordance with the succeeding provisions of this section.
(3) Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.
(3A) Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.
(4) Where an officer has completed more than 2 years’ service after attaining the retiring age for the rank held by him, the pension payable to him under this section shall be the pension that would have been so payable if he had retired upon completing 2 years’ service after attaining that retiring age.
(5) This section does not apply to a person who retires on or after 1 October 1972.
(1) This section applies to an officer who:
(a) is a contributor; and
(b) is not entitled on retirement to a pension under section 38 or to invalidity benefit.
(2) Where:
(a) an officer to whom this section applies:
(i) retires on or after attaining the retiring age for the rank held by him; and
(ii) had, not later than 2 years after attaining the retiring age for the rank held by him, completed 15 years’ service for pension;
(b) an officer to whom this section applies:
(i) has completed 20 years’ service for pension; and
(ii) retires before attaining the retiring age for the rank held by him;
and the Board is satisfied that the purpose of his retirement is to meet the needs of the Service; or
(c) an officer to whom this section applies:
(i) has completed a period of service for pension not less than the period specified in the Fourth Schedule in relation to his rank at the date of his retirement; and
(ii) retires with the approval of the Service Board before, but within 3 years of, attaining the retiring age for the rank held by him, being a rank the retiring age for which is an age not greater than 55 years;
and the Board is satisfied that the purpose of the retirement is to enable him to establish himself in civil employment and approves payment of pension under this section to him;
the officer is entitled, on his retirement, to a pension in accordance with the succeeding provisions of this section.
(3) Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.
(3A) Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.
(4) In the application of subsections (3) and (3A) to an officer referred to in paragraph (2)(a), the age of that officer at the date of his retirement shall be deemed to be his actual age on that date reduced by:
(a) a period equal to the difference between 20 years and the number of years of service for pension completed by him; and
(b) the number of years of service, if any, completed by him after the expiration of 2 years after he attained the retiring age for the rank held by him.
(5) This section does not apply to a person who retires on or after 1 October 1972.
(1) This section applies to a member, not being an officer, who:
(a) is a contributor;
(b) has completed 20 years’ service for pension; and
(c) is not entitled to invalidity benefit.
(2) A member to whom this section applies is entitled to a pension on his retirement after completion of his engagement or, if he has had successive and continuous engagements, after completion of the last of those engagements.
(3) Subject to this Act, the rate at which pension is payable to a member under this section is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement and, except where he has completed 40 years’ service for pension, multiplying the result by the factor set out in the third column of the Second Schedule opposite to the number of years set out in the second column of that Schedule that is the number of years of service for pension completed by him.
(4) This section does not apply to a person who retires on or after 1 October 1972.
Where the amount of pension per annum ascertained under section 38, 39 or 41 includes an amount of cents:
(a) if that last‑mentioned amount is less than 50 cents—the amount of pension shall be deemed to be reduced by that last‑mentioned amount; and
(b) in any other case—the amount of pension shall be deemed to be increased by treating the cents as $1.
(1) Except as otherwise provided in this Act, where a member (not being an officer), who is a contributor, retires before completing the engagement under which he was serving immediately prior to his retirement, he shall be entitled to a refund of the amount of any contributions paid by him under this Act in respect of the period served under the uncompleted engagement and shall also be entitled, as from the date of his retirement, to the pension or benefits (if any) to which he would have been entitled if he had retired immediately before commencing to serve under that engagement:
Provided that a member who has completed 20 years’ service for pension prior to attaining the retiring age for his rank and retires with the approval of the Service Board shall not be entitled to a refund under this section, but shall be entitled to the same pension as that to which he would have been entitled if the pension had been granted under section 41 and if the engagement, which was uncompleted at the date of his retirement, had been an engagement for the completed portion thereof and he had retired on the completion of that engagement.
(2) This section does not apply to a person who retires on or after 1 October 1972.
(1) Subject to this section, a member shall not, for the purposes of sections 41, 42 and 43, be deemed to have completed an engagement unless he has served under the engagement up to the date on which the engagement was due to terminate.
(2) Where a member, before the completion of his engagement, or, if he has had successive and continuous engagements, before the completion of the last of those engagements:
(a) retires with the approval of the Service Board; or
(b) is retrenched or is otherwise discharged for reasons other than disciplinary reasons;
he shall, for the purposes of subsection 42(1), be deemed to have completed his engagement or the last of those engagements, as the case may be, but, for the purposes of subsection 42(2), he shall not be deemed to have completed a period of service for pension longer than the period completed by him immediately before his retirement or discharge.
Where:
(a) a contributor, being an officer, retires on or after the day on which he attains the age of 61 years;
(b) the retiring age for the rank held by him is 60 years; and
(c) he is entitled to a pension under section 38, or under subsection 52(1);
the amount of that pension shall be increased by an amount ascertained by multiplying the portion of the pension equivalent to the contributions paid by him to the Fund by:
(d) if his age on retirement is less than 62 years—6%; or
(e) in any other case—13%.
(1) Notwithstanding anything contained in this Act, if a person entitled to a pension under this Act is, on retirement, requested by the Service Board to serve on the Reserve maintained by the Service of which the person was a member and the person:
(a) does not agree so to serve; or
(b) having agreed so to serve, is released at his or her own request from the agreement;
there shall, subject to subsection (2), be deducted from each fortnightly instalment of the pension (other than an instalment that becomes payable on or after 1 October 1972) an amount of $4 if the person is a male or $2 if the person is a female.
(2) The sum of the deductions made from instalments of the pension of a person under subsection (1) shall not exceed:
(a) if the person has not agreed to serve on the Reserve—$400 if the person is a male or $200 if the person is a female; or
(b) if the person has agreed to serve on the Reserve but is released at his or her own request from the agreement—such amount as the Board determines, being an amount that does not exceed $400 if the person is a male or $200 if the person is a female.
(3) Where, under this section, an amount is deducted from a payment of pension to a person, the amount that, but for this subsection, the Commonwealth would be required to pay to the Fund under this Act in respect of the payment shall be such amount as the Commonwealth would have been required to pay if the deduction had not been made less the amount of the deduction.
(1) Subject to subsection (3), where:
(a) a member who is a contributor has been retired before attaining the retiring age for the rank held by him;
(b) an officer who is a contributor has been granted an extension of service for a period that does not extend beyond the period of 2 years after the attainment by him of the retiring age for the rank held by him and has been retired before the expiration of the period of the extension;
(c) a member (not being an officer) who is a contributor has been engaged for a period of service extending beyond the date on which he will attain the retiring age for the rank held by him and has been retired before the expiration of a period of 2 years after that date and before the expiration of the period of the engagement; or
(d) the age for compulsory retirement of a member (not being an officer) who is a contributor has been extended and the member has been retired before the attainment by him of the extended age and before the expiration of a period of 2 years after the attainment by him of the retiring age for the rank held by him;
on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Authority, due to wilful action on his part for the purpose of obtaining pension or other benefit), he is entitled to benefit in accordance with sections 52, 52A and 53, but, subject to section 60, is not otherwise entitled to benefit under this Act.
(2) Where a person (not being a person to whom section 52A applies) is, or is about to become, entitled to benefit by virtue of subsection (1), the Authority shall determine the percentage of total incapacity of the person in relation to civil employment and shall classify the person according to the percentage of incapacity as follows:
Class
60 or over....................................................................... A........ 30 or over but less than 60 B
Less than 30.................................................................... C
(2A) Where:
(a) a person (other than a person to whom section 52A applies) who is entitled to benefit by virtue of subsection (1) dies; and
(b) at the time of his or her death, the Authority has not made a determination in respect of the person under subsection (2);
the Authority must:
(c) determine what was, immediately before the person’s death, his or her percentage of incapacity in relation to civil employment; and
(d) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.
(2B) Where a deceased member of the scheme is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.
(3) Where:
(a) a member, within 3 months after becoming a contributor, is retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and
(b) the Authority is satisfied that:
(i) the invalidity or incapacity was caused, or was substantially contributed to, by a physical or mental condition that existed at the time he became a contributor; and
(ii) the condition was not aggravated, or was not materially aggravated, by his service as a member;
subsection (1) does not apply in relation to him.
(4) Where a person who has ceased to be a member again becomes a member (other than a person referred to in Part VIA as a
re‑instated candidate to whom this Part applies ), subsection (3) applies in relation to him as if he had become a contributor at the time he commenced to make contributions after again becoming a member.(5) This section does not apply to a person who retires on or after 1 October 1972.
(6) Where a member who is a contributor has, before 1 October 1972, been retired otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties but the Chief of the Defence Force or a person authorized in writing by the Chief of the Defence Force informs the Authority that, at the time the member was retired, grounds existed on which he could have been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, he may, for the purposes of this Act, be treated as if he had been retired on that ground.
(1) A person who is entitled to invalidity benefit and is classified as Class A under subsection 51(2) is entitled to a pension at a rate of such amount per annum as is ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement.
(2) A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was an officer immediately before his retirement is entitled to a pension:
(a) if, immediately before his retirement, he had completed 20 years’ service for pension but had not attained the retiring age for the rank held by him at that time—at the rate at which pension would be payable to an officer of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 38 upon retiring on attaining the retiring age for the rank held by the person immediately before his retirement;
(b) if, immediately before his retirement, he had completed 20 years’ service for pension and had attained the retiring age for the rank held by him at that time—at the rate at which pension would be payable to him under section 38 if he were not entitled to invalidity benefit; or
(c) in any other case—at whichever is the lesser of the following rates:
(i) the rate at which pension would be payable to an officer of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 38 upon retiring on attaining the retiring age for the rank held by the person immediately before his retirement; or
(ii) a rate equal to one‑half of the rate at which pension would be payable to him if he were classified as Class A under subsection 51(2).
(3) A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was not an officer immediately before his retirement is entitled to a pension:
(a) if, immediately before his retirement, he had completed 20 years’ service for pension—at the rate at which pension would be payable to him under section 41 if he were not entitled to invalidity benefit; or
(b) in any other case—at the rate at which pension would be payable to a member of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 41 upon retiring on completing 20 years’ service for pension.
(4) Where a person to whom paragraph (3)(a) applies retired before completing the engagement under which he was serving on the date of his retirement and before attaining the retiring age for the rank held by him, then, for the purpose of determining the rate at which pension is payable to him, his period of service for pension shall be deemed to be the period that would have been his period of service for pension if he had retired upon completing that engagement.
(5) A person who is entitled to invalidity benefit, is classified as Class C under subsection 51(2) and was an officer immediately before his retirement is entitled:
(a) if, immediately before his retirement, he had completed 20 years’ service for pension but had not attained the retiring age for the rank held by him at that time—to a pension at the rate at which pension would be payable to him if, upon retirement, he had become entitled to a pension under section 39 by virtue of paragraph 39(2)(b);
(b) if, immediately before his retirement, he had completed 20 years’ service for pension and had attained the retiring age for the rank held by him at that time—to a pension at the rate at which pension would be payable to him if he were classified as Class B; or
(c) in any other case—in addition to a refund under section 60 of the amount of contributions paid by him under this Act, to a gratuity in accordance with subsections (6) and (7).
(6) Subject to subsection (7), the gratuity to which a person is entitled under paragraph (5)(c) is an amount calculated at the rate of $150 if the person is a male, or $75 if the person is a female, for each year of service for pension completed by the person.
(7) Where the period of service for pension of a person who was an officer immediately before his retirement includes a period served by the person as a member other than an officer, the gratuity to which the person is entitled under paragraph (5)(c) is the sum of:
(a) an amount calculated at the rate of $100 per annum if the person is a male, or $50 per annum if the person is a female, in respect of the period of service for pension completed by the person as a member other than an officer; and
(b) an amount calculated at the rate of $150 per annum if the person is a male, or $75 per annum if the person is a female, in respect of the period that is equal to the difference between:
(i) the period comprising the years of service for pension completed by the person on retirement; and
(ii) the period of service for pension completed by the person as a member other than an officer.
(8) A person who is entitled to invalidity benefit, is classified as Class C under subsection 51(2) and was not an officer immediately before his retirement is entitled:
(a) if, immediately before his retirement, he had completed 20 years’ service for pension—to a pension at the rate at which pension would be payable to a member of the same category as the category of the person immediately before his retirement who became entitled to a pension under section 41 upon retiring on completing a period of service for pension equal to the period of service for pension completed by that person; or
(b) in any other case—in addition to a refund under section 60 of the amount of contributions paid by the person under this Act, to a gratuity:
(i) if the person is a male—of an amount calculated at the rate of $100 for each year of service for pension completed by him; or
(ii) if the person is a female—of an amount calculated at the rate of $50 for each year of service for pension completed by her.
(9) For the purposes of subsections (6) and (7) and subparagraphs (8)(b)(i) and (ii),
service for pension includes service before attaining the age of 20 years under any engagement under which the person has served, but does not include any period of such service under an initial engagement of less than one year.(10) Where at any time the Authority is satisfied that the value of any invalidity benefit payable to a person who was an officer immediately before his retirement and was retired on or after attaining the retiring age for the rank held by him is less than the value of any benefit to which he would have been entitled under this Act if he had not been entitled to invalidity benefit, the Authority may vary the invalidity benefit to such extent as it thinks proper in the circumstances, but not so as to reduce its value.
(1) This section applies to a member who becomes entitled to benefit by virtue of subsection 51(1) of this Act and who, at the time he becomes so entitled, is an employee for the purposes of the
Superannuation Act 1922‑1968 whose liability to make contributions to the Superannuation Fund is deferred by virtue of section 35A of that Act or is a person whose entitlement to a pension under that Act is suspended by force of subsection 48C(1) of that Act.(2) Notwithstanding anything contained in section 52, the invalidity benefit to which a person to whom this section applies is entitled is, in addition to a refund under section 60 of the amount of contributions paid by him under this Act, the gratuity to which he would have been entitled if:
(a) this section had not applied to him; and
(b) he had been classified as Class C under subsection 51(2).
(1) The Authority may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a pensioner classified under section 51 is such that the classification of the pensioner should be altered, reclassify him in the appropriate classification set out in subsection 51(2) according to the percentage of his incapacity in relation to civil employment.
(1AA) If, at a time when the Authority is reviewing, but has not yet determined, for the purposes of subsection (1), the percentage of incapacity in relation to civil employment of a pensioner, the pensioner dies:
(a) the Authority must determine what was, immediately before the pensioner’s death, his or her percentage of incapacity in relation to civil employment; and
(b) where the Authority is satisfied, having regard to that percentage of incapacity, that, if the pensioner had not died, the pensioner would be reclassified and given a classification higher than that of the pensioner at the time of his or her death, the Authority must reclassify the pensioner under subsection (1) according to that percentage of incapacity, as if the pensioner had not died.
(1A) In determining:
(aa) what is the percentage of incapacity in relation to civil employment of a pensioner; or
(aab) what was, immediately before his or her death, the percentage of incapacity in relation to civil employment of a pensioner who has died;
the Authority shall have regard to the following matters only:
(a) the vocational, trade and professional skills, qualifications and experience of the pensioner;
(b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;
(c) the degree to which any physical or mental impairment of the pensioner, being a prescribed physical or mental impairment, has or had diminished the capacity of the pensioner to undertake the kinds of civil employment referred to in paragraph (b);
(d) such other matters (if any) as are prescribed for the purposes of this subsection.
(1B) In subsection (1A),
prescribed physical or mental impairment , in relation to a pensioner or a deceased pensioner, means:
(a) a physical or mental impairment of the pensioner that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the pensioner was retired, whether or not that impairment changed, for better or worse, since that retirement; or
(b) any other physical or mental impairment of the pensioner causally connected with a physical or mental impairment referred to in paragraph (a).
(2) Where a person is reclassified under this section, the Authority shall specify the date from which the reclassification has effect and, on and after that date, the person shall, for the purposes of section 52, be deemed to be classified accordingly.
(2A) Where a deceased person is reclassified under this section:
(a) the Authority must specify the day from which the reclassification has effect; and
(b) the person is taken, for the purposes of section 52, to have been classified accordingly on and after that day.
(3) If, upon reclassification as Class C, a person would, but for this subsection, be entitled in accordance with section 52 to invalidity benefit consisting of a refund of contributions and a gratuity, he is entitled to that benefit only to the extent that it exceeds the sum of the payments of pension received by him as invalidity benefit.
(4) In this section,
pensioner includes a person who is classified as Class C by reason of his having been reclassified (whether before or after the commencement of this subsection) under subsection (1) of this section, whether or not the person is entitled to a pension.
(1) The Authority may, by notice in writing to a person to whom a pension, being invalidity benefit, is being paid, require that person:
(a) to submit himself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or
(b) to furnish in writing to the Authority, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which the person has been engaged during such period as is specified in the notice.
(2) A notice under subsection (1) shall set out the effect of subsection (3).
(3) Where a person fails to comply with a notice given under subsection (1) and the Authority is not satisfied that there was a reasonable excuse for the failure, the Authority may, by notice in writing given to the person, suspend the person’s pension with effect from such day as the Authority determines, being a day not earlier than:
(a) in a case where the first‑mentioned notice required the person to submit to a medical examination on a day specified in the notice—the day next following that day; or
(b) in a case where the first‑mentioned notice required the person to furnish information within a period specified in the notice—the day next following the end of that period.
(4) A notice to a person under subsection (3) shall set out the effect of subsections (5B), (5D) and (5E).
(5) Pension is not payable in respect of a period during which a suspension under subsection (3) is in force.
(5A) Where:
(a) the pension of a person is suspended under subsection (3); and
(b) the Authority, having regard to such matters as it considers relevant, is of the opinion that the suspension should be revoked;
the Authority may, by notice in writing given to the person or to the person and a person acting on the person’s behalf, as the case may be, revoke the suspension with effect from such day as the Authority determines, being a day not later than the day on which the notice is given.
(5B) Without limiting subsection (5A), where the pension of a person (in this subsection called the
relevant person ) is suspended under subsection (3), the relevant person, or another person acting on the relevant person’s behalf, may, by notice in writing given to the Authority, request the Authority to revoke the suspension, and where such a request is made, the Authority shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be:
(a) if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to submit to a medical examination—require the relevant person to submit to a medical examination by a medical practitioner at a time and place specified in the second‑mentioned notice; or
(b) if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to give information to the Authority (in this paragraph called
the original notice )—require the relevant person to give in writing to the Authority, within such period as is specified in the second‑mentioned notice, such information as was required by the original notice to be given.(5C) A notice given by the Authority under subsection (5B) shall set out the effects of subsections (5D) and (5E).
(5D) Where:
(a) because of a request having been made to revoke the suspension of the pension of a person (in this subsection called the
relevant person ), a notice under subsection (5B) is given to the relevant person or to the relevant person and another person; and(b) either:
(i) the relevant person complies with the notice; or
(ii) the relevant person fails to comply with the notice but the Authority is satisfied that there was a reasonable excuse for the failure;
the Authority shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, revoke the suspension with effect from such day as the Authority determines, being a day not later than:
(c) in a case to which subparagraph (b)(i) applies—the day on which the relevant person so complied with the notice; or
(d) in a case to which subparagraph (b)(ii) applies—the day on which the Authority became so satisfied.
(5E) Where:
(a) because of a request having been made to revoke the suspension of the pension of a person (in this subsection called the
relevant person ), a notice under subsection (5B) is given to the relevant person or to the relevant person and another person; and(b) the relevant person fails to comply with the notice and the Authority is not satisfied that there was a reasonable excuse for the failure;
the Authority shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, refuse to revoke the suspension.
(6) The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act.
(6A) The power of the Authority under this section to suspend a pension extends to suspending a pension a portion of which has been cancelled by force of subsection 69(1A).
(6B) Where a person whose pension has been suspended under this section, dies before the pension again becomes payable, he shall, for the purpose of section 57, be deemed to have been entitled to pension immediately before his death and, for the purposes of that section, the pension shall be deemed to have been payable at the rate at which it would have been payable to him if it had not been suspended.
(7) Where the Authority is required by this section to give a person a notice, the notice shall be taken to have been given to the person if:
(a) the notice is served on the person personally;
(b) the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or
(c) where the Authority has caused all reasonable steps to be taken to ascertain a reliable address of the person, the notice is sent to the person by pre‑paid post to:
(i) in a case where the Authority is satisfied that at least one reliable address of the person has been ascertained—that address or one of those addresses; or
(ii) in any other case—the last address of the person known to the Authority.
(8) A reference in subsection (7) to a reliable address of a person shall be read as a reference to an address where, if a letter were sent to the person by pre‑paid post to the address, the person would probably receive the letter.
(9) In this section,
invalidity benefit includes pension payable under section 73.
Where a member is retired on the ground of invalidity or physical or mental incapacity to perform his duties and the invalidity or incapacity is, in the opinion of the Board, due to wilful action on his part for the purpose of obtaining pension, he shall, subject to the regulations, be entitled to a refund of his contributions under this Act, and no pension or other benefit under this Act shall be payable to or in respect of the member.
(1) In this section:
non‑Permanent Forces officer means an officer who is not a member of the Permanent Forces.
Permanent Forces officer means an officer who is a member of the Permanent Forces.
(2) Where:
(a) a non‑Permanent Forces officer retires; and
(b) the retiring age for the rank held by him on his retirement is greater than it would have been if he had been a Permanent Forces officer on his retirement;
the retiring age for the rank held by him on his retirement shall, for the purposes of:
(c) subsection 38(2);
(d) subsection 39(2), other than subparagraph 39(2)(a)(ii);
(e) subsections 52(2) and (5); and
(f) if he became a non‑Permanent Forces officer after the commencement of this section and he was, immediately before becoming a non‑Permanent Forces officer, a Permanent Forces officer—subsection 40(2);
but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a Permanent Forces officer on his retirement.
(3) Where:
(a) a member who is not an officer and not a member of the Permanent Forces retires;
(b) he is entitled to pension under subsection 52(3);
(c) paragraph (a) of that subsection applies to him; and
(d) the retiring age for the rank held by him on his retirement is a greater age than it would have been if he had been a member of the Permanent Forces on his retirement;
the retiring age for the rank held by him on his retirement shall, for the purposes of subsection 52(4), but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a member of the Permanent Forces on his retirement.
(1) Subject to subsection (4), on the death before retirement prior to 1 October 1972 of a married member who is a contributor, pension shall be paid to his widow as follows:
(a) during her life—a pension at a rate equal to five‑eighths of the rate at which pension would have been payable to her husband if, on the date of his death, he had become entitled to invalidity benefit and had been classified as Class A under subsection 51(2); and
(b) in respect of each child of the widow who is an eligible child (other than a child born after the death of the member unless the child is also the child of the member), and in respect of each child of the member who is an eligible child—a pension at the rate of $312 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑sixth of the rate at which pension payable under paragraph (a) is payable to the widow.
(2) Subject to subsection (3), on the death of the widow, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the member unless the child is also the child of the member), and in respect of each child of the member who is an eligible child, a pension at the rate $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑eighth of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to the widow.
(3) Where the number of children in respect of whom pensions are payable under subsection (2) because of the widow’s death is such that the sum of the rates of all the pensions so payable exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (2), a pension at the rate calculated by dividing the number of children into the rate exceeded.
(4) Pension is not payable under this section in respect of a member who, at the time of his death, was an employee for the purposes of the
Superannuation Act 1922‑1968 whose liability to make contributions to the Superannuation Fund was deferred by virtue of section 35A of that Act or was a person whose entitlement to a pension under that Act was suspended by force of subsection 48C(1) of that Act.
(1AA) A male person is not to be treated as a male pensioner for the purposes of this section merely because the person, at the time of his death, was receiving associate pension under Part VIA.
(1) On the death of a male pensioner, pension shall, subject to this section, be paid to his widow as follows:
(a) during her life—five‑eighths of a pension payable to her husband at the time of his death; and
(b) in respect of each child of the widow who is an eligible child (other than a child born after the death of the pensioner unless the child is also the child of the pensioner), and in respect of each child of the pensioner who is an eligible child—a pension at the rate of $312 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑sixth of the rate at which pension payable under paragraph (a) is payable to the widow.
(2) For the purposes of subsection (1), the pension payable to the widow of a male pensioner during her life shall, in any case where:
(a) the male pensioner had commuted any portion of his pension;
(b) the rate of the pension of the male pensioner had been reduced by virtue of subsection 42A(9);
(c) an amount had been deducted from the last fortnightly instalment of the pension of the male pensioner under section 50;
be calculated upon the rate of pension that would have been payable to the male pensioner at the time of his death if no portion of his pension had been commuted, the rate of his pension had not been reduced or the amount had not been deducted from his pension, as the case may be.
(3) If:
(a) the male pensioner, at the time of his death, was in receipt of a pension, being invalidity benefit; and
(b) CSC is satisfied that his death was due to:
(i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or
(ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);
pension shall be paid to his widow at the rate or rates at which, under section 55, pension is payable to the widow of a married member who was a contributor and died before retirement.
(3A) If:
(a) a male person who is entitled to invalidity benefit dies and, at the time of his death, he was classified as Class C under subsection 51(2) as a result of a reclassification under section 53 but was not entitled to a pension; and
(b) CSC is satisfied that his death was due to:
(i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or
(ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);
pension is payable to his widow at the rate or rates at which, under section 55, pension is payable to the widow of a married member who was a contributor and died before retirement.
(3B) In spite of subsections (1), (2), (3) and (3A), if, on any of the 7 pay‑days immediately following the death of a male pensioner, the rate at which pension would, apart from this subsection, be payable to his widow is less than the rate (in this subsection called the
putative rate ) at which the pension payable to him immediately before his death would be payable to him on that day if he had not died, the widow is entitled to a pension payable at a rate equal to the putative rate.(4) Subject to subsection (5), on the death of a widow to whom this section applies, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the pensioner unless the child is also the child of the pensioner), and in respect of each child of the male pensioner who is an eligible child, a pension at the rate of $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑eighth of the rate at which pension payable under paragraph (1)(a), or under subsection (3), as the case may be would, but for her death, have been payable to the widow.
(5) Where the number of children in respect of whom pensions are payable under subsection (4) because of the widow’s death is such that the sum of the rates of all the pensions exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) or subsection (3), as the case requires, would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (4), a pension calculated by dividing the number of children into the rate exceeded.
Where:
(a) the widow of a deceased male pensioner is entitled to a pension under subsection 57(3A); and
(b) there is paid into an account with a bank, credit union or building society (in this section called the
financial institution ) an amount purporting to be an instalment of pension payable to the pensioner in respect of a period in respect of which a pension is payable to the widow under subsection 57(3A); and(c) the financial institution pays, out of that account, to the widow an amount not exceeding the amount so paid into the account;
then, in spite of any other law:
(d) the financial institution is not liable to the Commonwealth, the personal representative of the deceased pensioner or anyone else for any loss incurred because of the payment of that amount to the widow; and
(e) an amount equal to the amount so paid by the financial institution to the widow must be set off against any amount of pension payable to her under subsection 57(3A).
(1) Subject to subsection (1A), where the wife of a member who is a contributor or of a male pensioner is dead or divorced and the member or pensioner dies leaving children of himself or of his wife who are eligible children and who were dependent upon him at the time of his death, pension payable under this Act in respect of each child shall be a pension at the rate of $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑eighth of the rate at which pension payable under paragraph 55(1)(a), or pension payable under paragraph 57(1)(a), or under subsection 57(3), as the case may be, would, but for her death or divorce, have been payable to the widow.
(1A) Where the number of children in respect of whom pensions are payable under subsection (1) because of the death of the member or pensioner is such that the sum of the rates of all the pensions so payable exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph 55(1)(a) or 57(1)(a), or subsection 57(3), as the case requires, would, but for her death or divorce, have been payable to the widow, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (1), a pension at the rate calculated by dividing the number of children into the rate exceeded.
(1B) In the application of subsection (1) in relation to a deceased male pensioner who remarried after he became a pensioner, the reference in that subsection to the wife of a pensioner shall be read as not including a reference to the person who became the wife of the pensioner on that remarriage.
(2) Where the present value, as determined by CSC, of a pension or pensions payable, on the death of a member, in pursuance of subsection (1), is less than the contributions made by him, the amount of the difference shall be paid by the Commonwealth to the personal representatives of the member or, failing them, to such persons (if any) as CSC determines.
(3) A person is not to be treated as a pensioner for the purposes of this section merely because the person, at the time of his or her death, was receiving associate pension under Part VIA.
(1) Where:
(a) pension is payable to or in respect of a contributor who ceases to be a member (whether by reason of retirement or death) after the commencement of this section; and
(b) the category number of the contributor immediately before he ceases to be a member is less than the prescribed number applicable to him under subsection (2);
the rate of the pension shall, notwithstanding anything contained in this Act, be not less than the rate of pension that would have been payable if his category number had, immediately before he ceased to be a member, been the same as the prescribed number so applicable to him.
(2) For the purposes of this section, the prescribed number applicable to a contributor is:
(a) if the contributor is a male—17 or, if another number is specified in the regulations as the number applicable for the purposes of this section to male members who cease to be members on the date on which the contributor ceased to be a member, that other number; or
(b) if the contributor is a female—13 or, if another number is specified in the regulations as the number applicable for the purposes of this section to female members who cease to be members on the date on which the contributor ceased to be a member, that other number.
(1) Where a contributor retires or otherwise ceases to be a member and he is not entitled to a pension under this Act, he is, subject to the regulations, entitled to a refund of the amount of the contributions paid by him under this Act.
(2) Where a contributor has, under subsection (1), received a refund of the amount of his contributions, and again becomes a member and a contributor, he shall contribute as provided in section 23, but, unless subsection (3) applies in relation to him, shall not be entitled to claim any further benefit in respect of his previous service.
(3) Where:
(a) a member has, on his retirement, become entitled to invalidity benefit consisting of a refund of the amount of contributions paid by him under this Act or of such a refund together with a gratuity;
(b) within a period of 12 months after his retirement, he again becomes a member and a contributor; and
(c) before the expiration of a period of 12 months after he again becomes a contributor or before he again ceases to be a member, whichever first occurs, he repays to the Fund the amount of the contributions refunded to him under subsection (1) and pays to the Commonwealth an amount equal to the gratuity, if any, received by him;
his service before his retirement and his service after he again becomes a contributor shall be deemed to be continuous.
(4) This section does not apply to a contributor who retires, or otherwise ceases to be a member, on or after 1 October 1972.
Notwithstanding anything contained in this Act, other than in section 63, pension in respect of a child is payable to the child.
(1) Where, in the opinion of CSC, payment of pension or other benefit under this Act should, by reason of the person who, but for this section, would be entitled to the payment, being a child, or being a person who is insane or undergoing imprisonment, or otherwise being under a disability, or for any other reason which CSC thinks proper, be made to a person other than the person who would be so entitled to the payment, CSC may authorize payment to the other person, and payment shall be made to the other person accordingly.
(2) A payment of pension payable to a child that, by virtue of subsection (1), is paid to a person other than the child, shall be applied for the maintenance, education or other benefit of the child.
(1) If, at any time after the date of commencement of this section (in this section referred to as the
commencing date ), a pension is not payable under section 57 of this Act to a person to whom a pension benefit would be payable at that time under Division 1 of Part VI of theDefence Force Retirement and Death Benefits Act 1973 , were that Act, as amended and in force on the commencing date, to have been in force before a deceased pensioner (including a pensioner who died before the commencing date) ceased to be a member and were the deceased pensioner to have been, at the time of his death, a recipient member under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines.(2) If at any time after the commencing date, a pension is not payable under section 55 or section 57 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 42 of the
Defence Force Retirement and Death Benefits Act 1973 , were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed, and such matters as it considers relevant, determines.(3) If, at any time after the commencing date, a pension is not payable under section 55, 57 or 58 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 43 of the
Defence Force Retirement and Death Benefits Act 1973 , were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines.(4) A date specified by the Authority under subsection (1), (2) or (3) in relation to the granting of an entitlement to pension shall not, unless the Authority is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date upon which the grant is made, and shall not, in any event, be a date earlier than the commencing date.
(5) A determination by the Authority for the purpose of subsection (1), (2) or (3) shall be in writing.
(6) Where, at any time before the commencing date, a pension has been paid to a person under section 57 as the widow of a deceased pensioner, the Authority shall not, under subsection (1) of this section, grant a pension to any other person in respect of that deceased pensioner.
(7) The Authority shall not, under subsection (1), grant a pension to a person unless the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, is satisfied that the person is in necessitous circumstances or that the grant of the pension is otherwise warranted.
(8) The Authority shall not, under subsection (1), grant a pension to a female person in relation to a deceased male pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date to the person under this Act had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner.
(9) The Authority shall not, under subsection (1), grant a pension to a male person in relation to a deceased female pensioner from a specified date at a rate that exceeds the rate at which a pension would have been payable from that specified date to the person under this Act had the deceased pensioner been a male pensioner and had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner.
(10) The Authority shall not, under subsection (2), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child.
(11) The Authority shall not, under subsection (3), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act, had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child and had the person become, at the time when he would, in the circumstances set out in subsection (3) have first become entitled, as an eligible orphan, to pension benefit in section 43 of the
Defence Force Retirement and Death Benefits Act 1973 , entitled to pension under subsection 55(2), 57(4) or 58(1) of this Act.(12) Where a pensioner dies on or after the commencing date and a pension is paid to a person, under section 57, as a widow of the pensioner, then, during the period that the pension continues to be paid, for the purpose of calculating the maximum rate of pension payable under subsection (1) to another person but not for the purpose of calculating the maximum rate of pension payable under subsection (2) or (3) to another person, this Act has effect as if the reference in paragraph 57(1)(a) to five‑eighths were a reference to three‑eighths.
(13) The grant by the Authority, under this section, of a pension to a person does not effect the entitlement of any other person under this Act to a pension that is payable otherwise than by virtue of a grant of a pension under this section or the rate of such a pension.
(1) If, at any time after the day on which Schedule 3 to the
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (thestart day ):
(a) a pension is not payable to a person under section 57 or 64 of this Act; and
(b) a pension benefit:
(i) is not payable to the person under Division 1 of Part VI of the
Defence Force Retirement and Death Benefits Act 1973 , as in force on the start day; but(ii) would have been payable to the person under that Division if a deceased pensioner had been, at the time of his or her death, a recipient member under that Act;
CSC may grant, from a specified date, a pension to the person at a rate and on conditions that CSC determines in writing, having regard to any matters prescribed and any other matters it considers relevant.
(2) CSC must not grant a pension to the person unless CSC, having regard to any matters prescribed and any other matters it considers relevant, is satisfied that:
(a) the person is in necessitous circumstances; or
(b) the grant of the pension is otherwise warranted.
(3) The specified date from which the pension is granted:
(a) must not be earlier than the start day; and
(b) unless CSC is satisfied that special circumstances exist that justify an earlier date being specified, must not be earlier than the date the grant is made.
(4) The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner, the widow of the deceased pensioner for the purposes of this Act.
(5) If:
(a) a pension is paid to a person under section 57 of this Act as a widow of a pensioner; and
(b) CSC grants a pension under this section to another person in respect of the pensioner;
then, for the purpose of calculating the rate of pension payable to the other person under this section, this Act has effect as if the reference in paragraph 57(1)(a) to five‑eighths were a reference to three‑eighths.
(6) A determination made under subsection (1) is not a legislative instrument.
(7) The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.
(1) If, at any time after the day on which Schedule 3 to the
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (thestart day ):
(a) a pension is not payable in respect of a person under section 55, 57 or 64 of this Act; and
(b) a pension benefit:
(i) is not payable to the person under section 42 of the
Defence Force Retirement and Death Benefits Act 1973 , as in force on the start day; but(ii) would have been payable to the person under that section if a deceased pensioner had been, at the time of his or her death, a recipient member under that Act;
CSC may grant, from a specified date, a pension to the person at a rate and on conditions that CSC determines in writing, having regard to any matters prescribed and any other matters it considers relevant.
(2) The specified date from which the pension is granted:
(a) must not be earlier than the start day; and
(b) unless CSC is satisfied that special circumstances exist that justify an earlier date being specified, must not be earlier than the date the grant is made.
(3) The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner and at all times after that:
(a) the child of the deceased pensioner for the purposes of this Act; and
(b) an eligible child for the purposes of this Act.
(4) A determination made under subsection (1) is not a legislative instrument.
(5) The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.
(1) If, at any time after the day on which Schedule 3 to the
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (thestart day ):
(a) a pension is not payable in respect of a person under section 55, 57, 58 or 64 of this Act; and
(b) a pension benefit:
(i) is not payable to the person under section 43 of the
Defence Force Retirement and Death Benefits Act 1973 , as in force on the start day (theamended Act ); but(ii) would have been payable to the person under that section if a deceased pensioner had been, at the time of his or her death, a recipient member under that Act;
CSC may grant, from a specified date, a pension to the person at a rate and on conditions that CSC determines in writing, having regard to any matters prescribed and any other matters it considers relevant.
(2) The specified date from which the pension is granted:
(a) must not be earlier than the start day; and
(b) unless CSC is satisfied that special circumstances exist that justify an earlier date being specified, must not be earlier than the date the grant is made.
(3) The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date:
(a) had the person been, at the date of death of the deceased pensioner and at all times after that:
(i) the child of the deceased pensioner for the purposes of this Act; and
(ii) an eligible child for the purposes of this Act; and
(b) had the person become entitled to a pension under subsection 55(2), 57(4) or 58(1) of this Act at the time when he or she would have first become entitled, in the circumstances set out in subsection (1), to pension benefit under section 43 of the amended Act.
(4) A determination made under subsection (1) is not a legislative instrument.
(5) The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.
(1) A widow or widower whose entitlement to a pension under subsection 55(1) or 57(1) has ceased on his or her remarriage may apply to CSC for:
(a) restoration of the pension; or
(b) restoration of the full rate of the pension.
(2) If CSC is satisfied that the widow or widower’s entitlement to a pension ceased on his or her remarriage, CSC must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.
(3) The pension is payable to the widow or widower at that rate from the day on which CSC receives the application.
(4) If CSC grants a person a pension under this section at a particular rate, the grant at that rate does not effect:
(a) any other person’s entitlement under this Act to any other pension; or
(b) the rate of such a pension.
(1) Except where otherwise provided in this Act, a pension shall be payable during the life of the person entitled thereto.
(2) Pension in respect of a child shall be payable only while the child is an eligible child.
(4) Where a male pensioner marries after his retirement, pension shall not, upon the death of the pensioner, be payable to the widow or in respect of any child of the marriage.
(5) Where:
(a) a male pensioner again becomes a member and Part VIB does not apply to him or Part VIB applies to him but he is a person to or in relation to whom subsection 82G(5), (7) or (10) applies—the reference in subsection (4) to the retirement of a pensioner shall be read as a reference to his retirement before he again became a member; and
(b) a male pensioner again becomes a member but paragraph (a) does not apply in relation to him—the reference in subsection (4) to the retirement of a pensioner shall be read as a reference to his retirement after he again became a member.
(1) Pensions shall be paid in fortnightly instalments.
(2) In order to ascertain the amount of an instalment of a pension covering a period of a fortnight the annual pension shall be divided by 26.
(3) The amount of a pension payable in respect of each day shall be one‑fourteenth of the amount of a fortnightly instalment.
(1) There shall be deducted from any payment of pension or other benefit payable to or in respect of a person under this Act the amount of any contribution which that person is liable to pay, but has not paid, to the Fund.
(2) Where a person ceases to be a member within a period of less than one fortnight after he became a contributor and has not commenced to make contributions to the Fund, he shall, for the purposes of subsection (1), be deemed to be liable to pay to the Fund one fortnightly contribution.
(1A) Where:
(a) a pensioner, other than a pensioner under section 55 or 57, again becomes a member;
(b) he is not a person to whom Part VIB applies; and
(c) his pension is not suspended under section 53A or 53B;
so much of his pension as is equivalent to the amount that, but for this subsection, would be payable by the Commonwealth to the Fund in respect of the pension is, by force of this subsection, cancelled until he ceases to be a member or becomes a person to whom Part VIB applies, whichever first occurs.
(1B) A pensioner who has commuted a portion of his pension under section 74 shall pay to the Fund in respect of any period during which a part of his pension is cancelled under subsection (1A) an amount equal to the amount which, if he had not commuted that portion of the pension and that part of the pension had not been so cancelled, would have been payable by the Commonwealth to the Fund during that period in respect of that portion of the pension so commuted, and, upon payment of that amount to the Fund, there shall be paid from the Fund to the Commonwealth an amount equal to that amount.
47, 1971 | 25 May 1971 | 25 May 1971 | s. 8 (am. by 164, 1984, s. 97) s. 9 (am. by 164, 1984, s. 98) s. 10 | |
| ||||
| 164, 1984 | 25 Oct 1984 | ( | — |
Defence Forces Retirement Benefits Act 1973 | 82, 1973 | 19 June 1973 | ss. 4(a), 5, 10(1) and (2), 13–24, 25(1), 28(1), 30–32, 33(a)–(e) and (g), 34(a) and (b), 35–37, 40, 41(c), 45, 46, 48–50, 52(b), 53, 54 and 57(1):1 Oct 1972 Remainder: Royal Assent | ss. 6(2), 10(2), 25(3), 28(2)–(4), 29(2), 37(2), 57(3), 58 and 59 |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | ss. 9(1) and 10 |
Defence Force Re‑organization Act 1975 | 96, 1975 | 9 Sept 1975 | Part XI (s 164–167): 9 Feb 1976 (s 2) | s 166(2) and 167(2) |
Defence Force (Retirement and Death Benefits Amendments) Act 1977 | 13, 1977 | 28 Feb 1977 | ss. 3 and 4: 1 July 1976 Remainder: Royal Assent | — |
Defence Force (Retirement and Death Benefits Amendments) Act (No. 2) 1977 | 161, 1977 | 10 Nov 1977 | ss. 5, 11–17, 24, 26, 27(2), 28(2), 34, 35(1), 36, 38–42, 46 and 48: 1 Oct 1972 Remainder: Royal Assent | ss. 7(2), 8(2) and 10(2)–(4) |
Administrative Changes (Consequential Provisions) Act 1978 | 36, 1978 | 12 June 1978 | 12 June 1978 | ss. 6–9 |
Defence Force (Retirement and Death Benefits Amendments) Act 1979 | 15, 1979 | 19 March 1979 | 19 March 1979 | s. 6 |
Defence Force (Retirement and Death Benefits Amendments) Act (No. 2)1979 | 135, 1979 | 23 Nov 1979 | 23 Nov 1979 | — |
Companies (Miscellaneous Amendments) Act 1981 | 92, 1981 | 18 June 1981 | ss. 1 and 2: Royal Assent
s. 36: 1 July 1981 (
Remainder: 1 July 1982 ( | |
Commonwealth Banks Amendment Act 1984 | 76, 1984 | 25 June 1984 | 29 June 1984 ( | — |
Defence Legislation Amendment Act 1984 | 164, 1984 | 25 Oct 1984 | ss. 1, 2, 16–19, and Part XIV (ss. 115, 116) and 120: Royal Assent
ss. 23–70 and 72–78: 3 July 1985 (
s. 71: 31 Dec 1982 ( ss. 82, 83, 85 and 87–89: 1 July 1983 ss. 84 and 86: 1 Oct 1972 Part XI (ss. 108, 109): 1 Jan 1985
Part XV (ss. 117–119): 1 Aug 1984 ( s. 121: 1 Jan 1982 Remainder: 22 Nov 1984 | — |
| ||||
| 65, 1985 | 5 June 1985 | s 3: 21 Nov 1984 (s 2(19)) | — |
| 43, 1996 | 25 Oct 1996 | Sch 3 (item 20): 25 Oct 1984 (s 2(3)) | — |
Superannuation and Other Benefits Legislation Amendment Act 1986 | 93, 1986 | 13 Oct 1986 | 10 Oct 1986 | — |
Defence Legislation Amendment Act 1987 | 65, 1987 | 5 June 1987 | ss. 1–3, 9, 10, 13(1), 23–25, 26(1), 27, 29, 31, 33–36, 42–45, 52–55, 58, 61(1), 62, 69(1), Part IX (ss. 71–74) and Part X (ss. 75–78): Royal Assent
ss. 46 and 47: 19 June 1973 (
ss. 37(1) and Part VI (ss. 50, 51): 10 Nov 1977 ( ss. 37(2) and 38–40: 3 July 1985 ss. 48, 49, 56 and 57: 5 June 1987
Remainder: 1 July 1988 ( | — |
Defence Legislation Amendment Act (No. 2) 1988 | 104, 1988 | 6 Dec 1988 | s. 18: 1 Sept 1989 ( s. 25: 1 Oct 1972 ss. 29 and 36: 1 July 1978 Part IX (ss. 52 and 53): 18 Dec 1987 Remainder: Royal Assent | — |
Superannuation and Other Benefits Legislation Amendment Act 1989 | 125, 1989 | 17 Oct 1989 | 20 Oct 1989 | — |
Defence Legislation Amendment Act 1990 | 75, 1990 | 22 Oct 1990 | s 4(1): 30 June 1989 (s 2(4)) | s 4(2) |
Defence Legislation Amendment Act (No. 2) 1990 | 21, 1991 | 5 Feb 1991 | ss. 10–13 and 16–18: 1 July 1990 Remainder: Royal Assent | — |
Defence Force Superannuation Legislation Amendment Act 1991 | 126, 1991 | 2 Sept 1991 | ss. 4(1), 15, 18 and 22: 1 July 1990 Remainder: Royal Assent | — |
Defence Legislation Amendment Act 1992 | 91, 1992 | 30 June 1992 | ss. 13 and 14: 1 Sept 1992 ( Remainder: Royal Assent | s. 17(2) |
Life Insurance (Consequential Amendments and Repeals) Act 1995 | 5, 1995 | 23 Feb 1995 | 1 July 1995 ( | s. 3(1) |
Defence Legislation Amendment Act (No. 1) 1997 | 1, 1997 | 19 Feb 1997 | Sch 2 (items 22, 78 and 105): 19 Feb 1997 (s 2(1)) | — |
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 | 10, 2001 | 22 Mar 2001 | Sch 2 (items 49–52, 94, 95): 19 Apr 2001 (s 2(1)) | Sch 2 (items 94, 95) |
Defence Legislation Amendment (Application of Criminal Code) Act 2001 | 141, 2001 | 1 Oct 2001 | s. 4: Royal Assent Schedule 1 (items 93–97): 15 Dec 2001 | s. 4 and Sch. 1 (item 95) s. 2(2) (am. by 135, 2003, Sch. 2 (item 28)) |
| ||||
| 135, 2003 | 17 Dec 2003 | Sch 2 (item 28): 1 Oct 2001 (s 2(1) item 9) | — |
Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 | 58, 2004 | 4 May 2004 | Schedule 1: 18 May 2004 Remainder: Royal Assent | ss. 4 and 5 |
Defence Legislation Amendment Act (No. 1) 2005 | 121, 2005 | 6 Oct 2005 | Sch 5: 1 Jan 2005 (s 2(1) item 3) | — |
Superannuation Legislation Amendment Act 2007 | 165, 2007 | 25 Sept 2007 | Schedule 4 (items 6, 8): Royal Assent | Sch. 4 (item 8) |
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 | 134, 2008 | 4 Dec 2008 | s. 4: Royal Assent Schedule 3 (items 25, 26): 1 Jan 2009 | s. 4 and Sch. 3 (item 26) |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Schedule 5 (items 96–99): 19 Apr 2011 | — |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 59–80): 1 July 2011 (s 2(1) item 2) | — |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 1 (item 34): Royal Assent | — |
Defence Force Retirement Benefits Legislation Amendment (Fair Indexation) Act 2014 | 22, 2014 | 9 Apr 2014 | Sch 1 (items 13–22): 10 Apr 2014 | Sch 1 (items 21, 22) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 8 (item 105) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Defence Legislation Amendment (First Principles) Act 2015 | 164, 2015 | 2 Dec 2015 | Sch 2 (items 25, 80): 1 July 2016 (s 2(1) item 2) | Sch 2 (item 80) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 130): 10 Mar 2016 (s 2(1) item 6) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (items 220–222): 21 Oct 2016 (s 2(1) item 1) | — |
Civil Law and Justice Legislation Amendment Act 2018 | 130, 2018 | 25 Oct 2018 | Sch 6 (items 58, 60): 22 Nov 2018 (s 2(1) item 10) | — |
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 | 112, 2020 | 8 Dec 2020 | Sch 3 (items 19–28) and Sch 4 (items 1, 5): 28 Sept 2022 (s 2(1) item 1) | Sch 4 (items 1, 5) |
(a) TheDefence Forces Retirement Benefits Act 1948 comprises theDefence Forces Retirement Benefits Act 1948 (which was proclaimed to commence on 2 July 1948:see Gazette 1948, p. 2583) as amended by the other Acts specified in the Table of Acts. Many of the amending Acts specified in that table made express provision in relation to the commencement and application of the amendments. By reason that theDefence Force Retirement and Death Benefits Act 1973 has, in the main, superseded theDefence Forces Retirement Benefits Act 1948 , references are not made in the table to those provisions. If required, particulars relating to those provisions and to the saving and transitional provisions made by the amending Acts are to be found in the annual volumes of Acts for the respective years in which the amending Acts were enacted.
Title .................................... | am. No. 55, 1968 |
s. 3 ...................................... | am. No. 73, 1950; No. 93, 1952 |
rs. No. 95, 1957; No. 103, 1959 | |
am. No. 67, 1962; No. 25, 1965; Nos. 55 and 56, 1968; No. 61, 1969; No. 47, 1971; No. 82, 1973 | |
rep. No. 216, 1973 | |
s. 4 ...................................... | am. No. 37, 1949; No. 73, 1950; No. 29, 1951; No. 80, 1953; No. 19, 1955; No. 95, 1957; No. 103, 1959; No. 67, 1962; No. 103, 1963; Nos. 25, 98 and 135, 1965; Nos. 55, 56 and 128, 1968; No. 47, 1971; No. 82, 1973; No. 96, 1975; No. 164, 1984 (as am. by No. 65, 1985); No. 91, 1992; No. 10, 2001; Nos. 5 and 58, 2011; No 62, 2014 |
ed C24 | |
s. 4AA ................................. | ad. No. 55, 1968 |
am. No. 164, 1984 | |
s. 4A ................................... | ad. No. 103, 1959 |
am. No. 67, 1962 | |
rs. No. 103, 1963 | |
am. Nos. 25, 98 and 135, 1965; No. 55, 1968; No. 34, 1970; No. 82, 1973; No. 164, 1984 | |
Heading to Part II ................. | rep. No. 164, 1984 |
s. 5 ...................................... | am. No. 55, 1968; No. 82, 1973; No. 96, 1975 |
rep. No. 164, 1984 | |
s. 6 ...................................... | am. No. 82, 1973 |
rep. No. 164, 1984 | |
ss. 7, 8 ................................. | rep. No. 164, 1984 |
s. 9 ...................................... | rep. No. 82, 1973 |
ss. 10, 11 ............................. | rep. No. 164, 1984 |
s. 12 .................................... | am. No. 95, 1957; No. 67, 1962 |
rep. No. 164, 1984 | |
s. 12A ................................. | ad. No. 161, 1977 |
rep. No. 58, 2011 | |
s. 13 .................................... | am. No. 91, 1992 |
s. 14 .................................... | rs. No. 82, 1973 |
am. No. 36, 1978 | |
rep. No. 164, 1984 | |
Part III ................................. | rep. No. 91, 1992 |
s. 15 .................................... | am. No. 103, 1959 |
rep. No. 91, 1992 | |
s. 15A ................................. | ad. No. 103, 1959 |
rep. No. 91, 1992 | |
ss. 15B, 15C ......................... | ad. No. 103, 1959 |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 15D ................................. | ad. No. 82, 1973 |
am. No. 164, 1984 | |
rs. No. 91, 1992 | |
s. 16 .................................... | rs. No. 103, 1963 |
am. No. 216, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 17 .................................... | am. No. 19, 1955 |
rep. No. 103, 1959 | |
ss. 18, 19 ............................. | am. No. 76, 1984 |
rep. No. 91, 1992 | |
ss. 20, 21 ............................. | rep. No. 91, 1992 |
s. 21A ................................. | ad. No. 82, 1973 |
rep. No. 91, 1992 | |
s. 22 .................................... | rs. No. 103, 1959 |
am. No. 128, 1968 | |
rep. No. 82, 1973 | |
Heading to Part IV ................ | rep. No. 91, 1992 |
Heading to Div. 1 of Part IV .. | rep. No. 91, 1992 |
s. 23 .................................... | am. No. 37, 1949; No. 29, 1951; No. 19, 1955 |
rs. No. 103, 1959 | |
am. Nos. 55, 56 and 128, 1968; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 24 .................................... | rep. No. 103, 1959 |
s. 25 .................................... | am. No. 73, 1950 |
rs. No. 93, 1952 | |
am. No. 164, 1984 | |
s. 26 .................................... | am. No. 73, 1950; No. 29, 1951 |
rep. No. 103, 1959 | |
ad. No. 141, 2001 | |
s. 27 .................................... | rs. No. 93, 1952 |
am. No. 103, 1959; No. 164, 1984 | |
rep. No. 91, 1992 | |
Div. 2 of Part IV ................... | rep. No. 103, 1959 |
s. 28 .................................... | am. No. 73, 1950; No. 20, 1954 |
rs. No. 19, 1955 | |
rep. No. 103, 1959 | |
s. 29 .................................... | am. No. 37, 1949 |
rs. No. 19, 1955 | |
rep. No. 103, 1959 | |
Heading to Div. 3 of Part IV .. | rep. No. 91, 1992 |
Div. 3 of Part IV ................... | rs. No. 103, 1959 |
s. 30 .................................... | rs. No. 103, 1959; No. 103, 1963 |
am. No. 135, 1965; No. 55, 1968 | |
rs. No. 128, 1968 | |
am. No. 34, 1970; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 31 .................................... | rs. No. 103, 1959 |
am. No. 67, 1962 | |
rep. No. 91, 1992 | |
s. 31A ................................. | ad. No. 67, 1962 |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
Heading to Div. 4 of Part IV .. | rep. No. 91, 1992 |
Div. 4 of Part IV ................... | rs. No. 103, 1959 |
s. 32 .................................... | am. No. 95, 1957; No. 46, 1958 |
rs. No. 103, 1959 | |
am. No. 70, 1966; No. 128, 1968; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 33 .................................... | rs. No. 103, 1959 |
am. No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 34 .................................... | rep. No. 103, 1959 |
ad. No. 55, 1968 | |
am. No. 36, 1978; No. 164, 1984 | |
rep. No. 91, 1992 | |
Heading to Div. 5 of Part IV .. | rep. No. 91, 1992 |
s. 35 .................................... | rep. No. 103, 1959 |
ad. No. 25, 1965 | |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 36 .................................... | rs. No. 19, 1955 |
am. No. 103, 1959; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 37 .................................... | rep. No. 91, 1992 |
s. 38 .................................... | am. No. 20, 1954; No. 19, 1955; No. 24, 1956 |
rs. No. 103, 1959 | |
am. No. 103, 1963; No. 135, 1965; No. 82, 1973; No. 164, 1984 | |
s. 39 .................................... | am. No. 20, 1954; No. 19, 1955; No. 24, 1956 |
rs. No. 103, 1959 | |
am. No. 67, 1962; No. 103, 1963; No. 135, 1965; No. 56, 1968; No. 82, 1973; No. 164, 1984 | |
s. 39A ................................. | ad. No. 20, 1954 |
rep. No. 19, 1955 | |
s. 40 .................................... | am. No. 73, 1950; No. 19, 1955 |
rs. No. 103, 1959 | |
am. No. 135, 1965; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 41 .................................... | am. No. 37, 1949; No. 73, 1950; No. 93, 1952; No. 19, 1955; No. 24, 1956 |
rs. No. 103, 1959 | |
am. No. 103, 1963; No. 135, 1965; No. 56, 1968; No. 82, 1973; No. 164, 1984 | |
s. 41A ................................. | ad. No. 103, 1963 |
rs. No. 135, 1965 | |
am. No. 164, 1984 | |
s. 42 .................................... | am. No. 73, 1950; No. 19, 1955; No. 95, 1957 |
rs. No. 103, 1959 | |
am. No. 103, 1963; No. 135, 1965; No. 55, 1968; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 42A ................................. | ad. No. 103, 1959 |
am. No. 103, 1963; Nos. 25 and 135, 1965 | |
rs. No. 55, 1968 | |
am. No. 82, 1973; No. 161, 1977; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 43 .................................... | am. No. 82, 1973; No. 164, 1984 |
s. 44 .................................... | rs. No. 73, 1950; No. 103, 1959 |
am. No. 55, 1968; No. 164, 1984 | |
s. 45 .................................... | rs. No. 73, 1950 |
am. No. 29, 1951; No. 20, 1954 | |
rs. No. 103, 1959 | |
am. No. 164, 1984 | |
s. 46 .................................... | am. No. 37, 1949 |
rep. No. 103, 1959 | |
s. 47 .................................... | am. No. 37, 1949 |
rs. No. 73, 1950 | |
rep. No. 103, 1959 | |
s. 47A ................................. | ad. No. 73, 1950 |
rep. No. 103, 1959 | |
s. 48 .................................... | am. No. 73, 1950; No. 20, 1954; No. 19, 1955; No. 24, 1956 |
rep. No. 103, 1959 | |
s. 49 .................................... | rs. No. 103, 1959 |
rep. No. 91, 1992 | |
s. 50 .................................... | rs. No. 103, 1959 |
am. No. 135, 1965; No. 82, 1973; No. 164, 1984 | |
s. 51 .................................... | am. No. 73, 1950 |
rs. No. 103, 1959 | |
am. No. 67, 1962; No. 103, 1963; No. 55, 1968; No. 61, 1969; No. 82, 1973; No. 96, 1975; No. 164, 1984; No. 126, 1991; No. 1, 1997; No 164, 2015 | |
s. 52 .................................... | am. No. 73, 1950; No. 29, 1951; No. 20, 1954; No. 19, 1955 |
rs. No. 103, 1959 | |
am. No. 103, 1963; No. 135, 1965; Nos. 55 and 128, 1968; No. 82, 1973; No. 164, 1984 | |
s. 52A ................................. | ad. No. 55, 1968 |
am. No. 164, 1984 | |
s. 53 .................................... | am. No. 103, 1959; No. 55, 1968; No. 82, 1973; Nos. 15 and 135, 1979; No. 164, 1984; No. 126, 1991 |
s. 53A ................................. | ad. No. 103, 1959 |
am. No. 25, 1965; No. 56, 1968 | |
rep. No. 82, 1973 | |
s. 53B .................................. | ad. No. 103, 1963 |
am. No. 56, 1968; No. 82, 1973; No. 161, 1977; No. 164, 1984; No. 104, 1988 | |
s. 54 .................................... | am. No. 103, 1959 |
s. 54A ................................. | ad. No. 56, 1968 |
am. No. 164, 1984 | |
s. 55 .................................... | am. No. 73, 1950; No. 29, 1951; No. 20, 1954; No. 95, 1957; No. 46, 1958; No. 103, 1959; Nos. 98 and 135, 1965; No. 70, 1966; No. 55, 1968; No. 82, 1973; No. 161, 1977; No. 164, 1984; No. 75, 1990; No. 21, 1991 |
s. 56 .................................... | am. No. 73, 1950; No. 103, 1959; Nos. 55 and 56, 1968 |
rep. No. 82, 1973 | |
s. 56A ................................. | ad. No. 103, 1959 |
am. No. 135, 1965 | |
rs. No. 55, 1968 | |
am. No. 56, 1968; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 57 .................................... | am. No. 73, 1950; No. 29, 1951; No. 93, 1952; No. 20, 1954; No. 95, 1957; No. 46, 1958; No. 103, 1959; Nos. 98 and 135, 1965; No. 70, 1966; No. 128, 1968; No. 82, 1973; No. 161, 1977; No. 164, 1984; No. 75, 1990; Nos. 21 and 126, 1991; No. 58, 2004; No. 58, 2011 |
s. 57A ................................. | ad. No. 126, 1991 |
s. 58 .................................... | am. No. 29, 1951; No. 20, 1954; No. 95, 1957; No. 46, 1958; Nos. 98 and 135, 1965; No. 70, 1966; No. 82, 1973; No. 164, 1984; No. 75, 1990; No. 21, 1991; No. 58, 2004; No. 58, 2011 |
s. 58A ................................. | ad. No. 128, 1968 |
am. No. 164, 1984 | |
s. 59 .................................... | rs. No. 103, 1959 |
am. No. 98, 1965; No. 55, 1968; No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 60 .................................... | am. No. 103, 1959; No. 25, 1965; No. 82, 1973; No. 164, 1984 |
s. 60A ................................. | ad. No. 55, 1968 |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 61 .................................... | rep. No. 82, 1973 |
s. 62 .................................... | am. No. 98, 1965 |
rs. No. 82, 1973 | |
s. 63 .................................... | am. No. 98, 1965 |
rs. No. 82, 1973 | |
am. No. 164, 1984; No. 58, 2011 | |
s. 64 .................................... | am. No. 29, 1951; No. 20, 1954; No. 95, 1957; No. 46, 1958; Nos. 98 and 135, 1965; No. 70, 1966 |
rep. No. 82, 1973 | |
ad. No. 161, 1977 | |
am. No. 164, 1984 | |
ss. 64AA–64AC ................... | ad. No. 134, 2008 |
am. No. 58, 2011 | |
s. 64A ................................. | ad. No. 165, 2007 |
am. No. 58, 2011 | |
s. 65 .................................... | am. No. 98, 1965; No. 56, 1968; No. 161, 1977; No. 164, 1984 |
s. 66 .................................... | am. No. 164, 1984 |
s. 67 .................................... | rep. No. 82, 1973 |
s. 68 .................................... | rs. No. 103, 1959 |
am. No. 164, 1984 | |
s. 69 .................................... | am. No. 29, 1951; No. 20, 1954; No. 19, 1955; No. 103, 1959; Nos. 98 and 135, 1965; Nos. 55 and 56, 1968; No. 82, 1973; No. 164, 1984; No. 141, 2001; No 4, 2016; No 61, 2016 |
s. 70 .................................... | rs. No. 103, 1959 |
rep. No. 55, 1968 | |
s. 71 .................................... | am. No. 164, 1984 |
s. 72 .................................... | am. No. 73, 1950 |
rs. No. 103, 1959 | |
s. 72A ................................. | ad. No. 19, 1955 |
am. No. 95, 1957 | |
rep. No. 103, 1959 |
s. 73 .................................... | rs. No. 103, 1959 |
am. No. 135, 1965; Nos. 55 and 128, 1968; No. 82, 1973; No. 15, 1979; No. 164, 1984; No. 126, 1991 | |
s. 73A ................................. | ad. No. 37, 1949 |
am. No. 73, 1950 | |
rep. No. 103, 1959 | |
s. 74 .................................... | am. No. 37, 1949; No. 73, 1950; No. 93, 1952; No. 20, 1954; No. 19, 1955; No. 103, 1959; No. 82, 1973; No. 164, 1984 |
Div. 3 of Part V .................... | ad. No. 93, 1952 rep. No. 82, 1973 |
s. 74A ................................. | ad. No. 93, 1952 |
rs. No. 103, 1959 | |
rep. No. 82, 1973 | |
s. 74B .................................. | ad. No. 93, 1952 |
am. No. 103, 1959 | |
rep. No. 82, 1973 | |
Part VI ................................ | rs. No. 103, 1959 |
rep. No. 82, 1973 | |
s. 75 .................................... | am. No. 37, 1949; No. 95, 1957 |
rs. No. 103, 1959 | |
rep. No. 82, 1973 | |
Part VIA .............................. | ad. No. 73, 1950 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
rep. No. 91, 1992 | |
ad. No. 58, 2004 | |
s. 76 .................................... | am. No. 37, 1949 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
am. No. 82, 1973; No. 164, 1984; No. 65, 1987 | |
rep. No. 91, 1992 | |
s. 77 .................................... | am. No. 37, 1949; No. 73, 1950; No. 93, 1952; No. 19, 1955 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 78 .................................... | am. No. 37, 1949; No. 73, 1950; No. 29, 1951; No. 93, 1952; No. 80, 1953; No. 19, 1955; No. 24, 1956 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
rep. No. 91, 1992 | |
s. 78A ................................. | ad. No. 80, 1953 |
am. No. 20, 1954 | |
rep. No. 103, 1959 | |
s. 78B .................................. | ad. No. 80, 1953 |
am. No. 20, 1954 | |
rep. No. 103, 1959 | |
s. 78C .................................. | ad. No. 24, 1956 |
rep. No. 103, 1959 | |
s. 79 .................................... | am. No. 37, 1949; No. 93, 1952; No. 19, 1955 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
am. No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 79A ................................. | ad. No. 93, 1952 |
rep. No.103, 1959 | |
s. 80 .................................... | am. No. 37, 1949 |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
am. No. 164, 1984; No. 65, 1987 | |
rep. No. 91, 1992 | |
s 80A................................... | ad No 19, 1955 |
rep No 103, 1959 | |
ad No 58, 2004 | |
am No 58, 2011; No 130, 2018; No 112, 2020 | |
ss. 80B, 80C......................... | ad. No. 58, 2004 |
am. No. 58, 2011 | |
s. 80D.................................. | ad. No. 58, 2004 |
s. 80E................................... | ad. No. 58, 2004 |
am. No. 121, 2005 | |
s. 81 .................................... | rs. No. 37, 1949 |
am. No. 73, 1950 | |
rep. No. 103, 1959 | |
ad. No. 61, 1969 | |
rs. No. 47, 1971 | |
am. No. 82, 1973; No. 164, 1984 | |
rep. No. 91, 1992 | |
s. 82 .................................... | am. No. 37, 1949 |
rep. No. 103, 1959 | |
s. 82A ................................. | ad. No. 73, 1950 |
am. No. 95, 1957 | |
rep. No. 103, 1959 | |
ss. 82B–82D ........................ | ad. No. 73, 1950 |
rep. No. 103, 1959 | |
Heading to Part VIB ............. | am. No. 56, 1968 |
Part VIB .............................. | ad. No. 93, 1952 |
am. No. 56, 1968 | |
s. 82E .................................. | ad. No. 93, 1952 |
rs. No. 56, 1968 | |
am. No. 47, 1971; No. 164, 1984 | |
s. 82F .................................. | ad. No. 93, 1952 |
am. No. 103, 1959; Nos. 55 and 56, 1968; No. 164, 1984 | |
s. 82G ................................. | ad. No. 93, 1952 |
am. No. 56, 1968; No. 164, 1984 (as am. by No. 43, 1996) | |
s. 82GA ............................... | ad. No. 56, 1968 |
am. No. 164, 1984 | |
s. 82H ................................. | ad. No. 93, 1952 |
am. No. 56, 1968 | |
Part VIC .............................. | ad. No. 47, 1971 |
s. 82J ................................... | ad. No. 47, 1971 |
am. No.164, 1984; No. 5, 1995 | |
s. 82K ................................. | ad. No. 47, 1971 |
am. No. 82, 1973 | |
s. 82L .................................. | ad. No. 47, 1971 |
am. No. 164, 1984; No. 5, 1995 | |
s. 82M ................................. | ad. No. 47, 1971 |
am. No. 164, 1984 | |
s. 82N ................................. | ad. No. 47, 1971 |
ss. 82P, 82Q ......................... | ad. No. 47, 1971 |
am. No. 82, 1973; No. 164, 1984 | |
s. 82R .................................. | ad. No. 47, 1971 |
am. No. 161, 1977; No. 164, 1984 | |
s. 82S .................................. | ad. No. 47, 1971 |
am. No. 164, 1984 | |
s. 82T .................................. | ad. No. 47, 1971 |
am. No. 164, 1984 | |
s. 82U ................................. | ad. No. 47, 1971 |
am. No. 216, 1973; No. 92, 1981; No. 164, 1984; No. 104, 1988 | |
ss. 82V, 82W ....................... | ad. No. 47, 1971 |
am. No. 36, 1978; No. 164, 1984; No. 5, 2011 | |
ss. 82X, 82Y ........................ | ad. No. 47, 1971 |
am. No. 161, 1977; No. 164, 1984 | |
s. 82Z .................................. | ad. No. 47, 1971 |
am. No. 82, 1973; No. 161, 1977; No. 164, 1984 | |
s. 82ZA ............................... | ad. No. 47, 1971 |
am. No. 164, 1984 | |
s. 82ZB ................................ | ad. No. 47, 1971 |
am. No. 82, 1973; No. 164, 1984; No. 65, 1987 | |
ss. 82ZC, 82ZD .................... | ad. No. 47, 1971 |
am. No. 161, 1977; No. 164, 1984 | |
s. 82ZE ................................ | ad. No. 47, 1971 |
am. No. 164, 1984 | |
s. 82ZF ................................ | ad. No. 47, 1971 |
am. No. 82, 1973; No. 164, 1984 | |
s. 82ZG ............................... | ad. No. 47, 1971 |
am. No. 82, 1973 | |
rs. No. 161, 1977 | |
s. 82ZH ............................... | ad. No. 47, 1971 |
am. No. 36, 1978; No. 164, 1984; No. 5, 1995; No. 5, 2011 | |
s. 82ZJ ................................. | ad. No. 47, 1971 |
am. No. 82, 1973; No. 164, 1984 | |
Part VID .............................. | ad. No. 13, 1977 |
Div 1 of Pt VID..................... | ad No 22, 2014 |
s 83A................................... | ad No 22, 2014 |
hdg to s 83............................ | rs No 22, 2014 |
s. 83 .................................... | rep. No. 82, 1973 |
ad. No. 13, 1977 | |
am. No. 164, 1984; No. 65, 1987; No. 58, 2004; No 22, 2014 | |
s 83B................................... | ad No 22, 2014 |
s 83C................................... | ad No 22, 2014 |
Div 2 of Pt VID..................... | ad No 22, 2014 |
s 83D................................... | ad No 22, 2014 |
Subhead to s 84(4)................. | ad No 22, 2014 |
s. 84 .................................... | am. No. 135, 1965; No 22, 2014 |
rep. No. 82, 1973 | |
ad. No. 13, 1977 | |
am. No. 65, 1987; No. 58, 2004 | |
s. 84A ................................. | ad. No. 13, 1977 |
am. No. 58, 2004 | |
s. 84B .................................. | ad. No. 13, 1977 |
am. No. 161, 1977; No. 58, 2004 | |
s. 84C .................................. | ad. No. 13, 1977 |
rs. No. 161, 1977 | |
am. No. 164, 1984; No. 21, 1991; No. 58, 2004 | |
s. 84D ................................. | ad. No. 13, 1977 |
am. No. 164, 1984; No. 58, 2004 | |
Heading to s. 84E.................. | am. No. 58, 2004 |
s. 84E .................................. | ad. No. 13, 1977 |
am. No. 93, 1986; No. 126, 1991; No. 58, 2004; No. 103, 2013 | |
Heading to s. 84F.................. | am. No. 58, 2004 |
s. 84F .................................. | ad. No. 13, 1977 |
am. No. 93, 1986; No. 58, 2004 | |
Div 3 of Pt VID..................... | ad No 22, 2014 |
s. 84G ................................. | ad. No. 93, 1986 |
rep. No. 58, 2004 | |
ad No 22, 2014 | |
s. 84GA ............................... | ad. No. 125, 1989 |
rep. No. 58, 2004 | |
s 84H................................... | ad No 22, 2014 |
s 84J.................................... | ad No 22, 2014 |
s 84K................................... | ad No 22, 2014 |
s 84L.................................... | ad No 22, 2014 |
s 84M................................... | ad No 22, 2014 |
s. 85 .................................... | rs. No. 98, 1965 |
am. No. 82, 1973; No. 164, 1984 | |
s. 85A ................................. | ad. No. 98, 1965 |
am. No. 135, 1965; No. 82, 1973; No. 164, 1984; No. 104, 1988; No. 141, 2001; No. 58, 2011; No 4, 2016; No 61, 2016 | |
s. 86 .................................... | am. No. 104, 1988; No. 58, 2011 |
s. 86A ................................. | ad. No. 104, 1988 |
am. No. 58, 2011 | |
s. 87 .................................... | rs. No. 93, 1952 |
s. 88 .................................... | ad. No. 93, 1952 |
am. No. 67, 1962; No. 135, 1965; No. 164, 1984; No 61, 2016 | |
First Schedule ...................... | am. No. 73, 1950 |
rs. No. 20, 1954; No. 19, 1955 | |
am. No. 24, 1956; No. 95, 1957 | |
rs. No. 103, 1959; No. 67, 1962; No. 103, 1963; Nos. 55 and 128, 1968 | |
rep. No. 91, 1992 | |
Second Schedule .................. | rs. No. 19, 1955; No. 103, 1959; No. 67, 1962; No. 103, 1963 |
Third Schedule ..................... | am. No. 37, 1949 |
rs. No. 73, 1950; No. 93, 1952 | |
am. No. 80, 1953 | |
rs. No. 20, 1954; No. 19, 1955 | |
am. No. 24, 1956 | |
rs. No. 103, 1959; No. 67, 1962 | |
rep. No. 103, 1963 | |
Heading to Fourth Schedule ... | am. No. 164, 1984 |
Fourth Schedule ................... | rs. No. 29, 1951; No. 93, 1952; No. 20, 1954; No. 19, 1955; No. 103, 1959; No. 67, 1962 |
am. No. 10, 2001 | |
Fifth Schedule ...................... | rs. No. 73, 1950; No. 93, 1952; No. 20, 1954 |
rep. No. 19, 1955 | |
ad. No. 103, 1959 | |
rs. No. 67, 1962 | |
rep. No. 103, 1963 | |
Sixth Schedule ..................... | rs. No. 80, 1953; No. 95, 1957 |
rep. No. 103, 1959 | |
Seventh Schedule ................. | rep. No. 103, 1959 |
Eighth Schedule ................... | am. No. 73, 1950 |
rs. No. 20, 1954 | |
rep. No. 103, 1959 |
In preparing this compilation
for registration, the following kinds of editorial change(s) were made under
the
Reordering of definitions
This compilation was editorially changed to move the
definition of
0
0
0