EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 325
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT)
Background
Section 3 of the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) provides for a member’s “annual rate of pay” (the basis for calculating contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme) to be prescribed.
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (“the Annual Rates of Pay Regulations”) prescribed the annual rate of pay of a member of the Defence Force, for the above purpose of the Act, by reference to Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903 (“Determination 0101”).
With effect from 5 September 1985 the Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) has made Determination No. 1 of 1985, under section 58H of the Defence Act 1903, modifying Determination 0101 with respect to the rates of pay payable to members of the Defence Force.
As a result of the Remuneration Tribunal’s Determination, a consequential amendment was required to the Annual Rates of Pay Regulations.
Amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations
This Statutory Rule amends the Annual Rates of Pay Regulations to provide that the annual rates prescribed by those regulations by reference to Determination 0101 include such modifications as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 1 of the Statutory Rule provides that the amendment shall be deemed to have come into operation on 5 September 1985, the date of effect of Determination No. 1 of 1985 made by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 2 of the Statutory Rule amends regulation 3 of the Annual Rates of Pay Regulations to redefine “Determination 0101” to include in that definition such modifications of that Determination as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.