EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 393
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT)
The Defence Legislation Amendment Act 1984, assented to on 25 October 1984, made various amendments to the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) and other Defence legislation. Among other things, these amendments changed the title of the Chief of Defence Force Staff to the new title of Chief of the Defence Force.
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (“the Regulations”), made under the Act, prescribe various matters for the purposes of the Act, including a reference to the Chief of Defence Force Staff.
This Statutory Rule amends regulation 4 of the Regulations, consequential upon the amendment contained in the Defence Legislation Amendment Act 1984, to substitute the new title of “Chief of the Defence Force”.
The amendment has effect from the date of gazettal of the Statutory Rule.
Overview
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rules 1984 No. 393, issued under the authority of the Minister for Defence, were introduced to address a gap identified in the Defence Force Retirement and Death Benefits Act 1973. Specifically, the Regulations amend the title of the Chief of Defence Force Staff to the new title of Chief of the Defence Force, following the enactment of the Defence Legislation Amendment Act 1984. This change was necessary to ensure consistency and alignment within the legislative framework governing defence force retirement and death benefits. The amendment, which took effect from the date of gazettal, was made to update the Regulations to reflect the structural changes within the defence force hierarchy as prescribed by the Defence Legislation Amendment Act 1984.
Scope and Application
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rule 1984 No. 393 amends the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, which were made under the Defence Force Retirement and Death Benefits Act 1973. The Regulations, as amended, apply to members of the Australian Defence Force and their beneficiaries, governing the rates of pay for retirement and death benefits. These regulations are applicable on a national level, as they pertain to federal legislation enacted by the Commonwealth of Australia. The amendment specifically updates references within the Regulations from the former title “Chief of Defence Force Staff” to the current title “Chief of the Defence Force,” reflecting legislative changes enacted by the Defence Legislation Amendment Act 1984. The amendment ensures that the Regulations continue to accurately reflect the current organisational structure within the Defence Force, thereby maintaining consistency and clarity in the application of the Act. This amendment has effect from the date of its gazettal, ensuring that the updated terminology is implemented without delay.
Key Provisions
The main operative section of this legislation is regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. Regulation 4(1) requires that the title of "Chief of Defence Force Staff" be replaced with "Chief of the Defence Force". This change is a direct result of the amendments made by the Defence Legislation Amendment Act 1984, which updated the title of the highest-ranking officer in the Australian Defence Force.
The obligations and requirements imposed by this amendment are primarily administrative. Any documents, forms, or references within the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations that previously mentioned the title "Chief of Defence Force Staff" must now be updated to reflect the new title "Chief of the Defence Force". This ensures that all official communications and records are consistent with the current titles within the Defence Force hierarchy.
There are no specific offences, penalties, or consequences outlined in the Statutory Rule for failing to comply with this amendment. However, non-compliance with the updated title in official documents and communications could lead to confusion and potential administrative errors. The Statutory Rule itself does not provide for maximum penalties but relies on the broader legislative framework to address any breaches or failures to comply with the amended regulations.
The regulation ensures that the legislative framework remains current and accurately reflects the organisational structure of the Defence Force. By making this change, the legislation maintains clarity and consistency in the titles used within the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.