Statutory Rules
1976 No. 42
REGULATIONS UNDER THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973-1974.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973-1974.
Dated this thirtieth day of January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations†
Commencement.
1. These Regulations shall come into operation on 9 February 1976.
Amendments of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.
2. The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations are amended as set out in the following table:—
Provision | Amendment |
Sub-regulation 3 (2) .. | Omit “ 1st October, 1972 ”, substitute “ 1 October 1972 ”. |
| Omit from paragraph (a) “ 7th February, 1973 ”, substitute “ 7 February 1973 ”. |
| Omit from paragraph (b) “ Naval Forces or the Military Forces—8th February, 1973 ”, substitute “ Navy or of the Army—8 February 1973 ”. |
Sub-regulation 3 (3) .. | Omit “ three hundred and sixty-five ”, substitute “ 365 ”. |
Sub-regulation 4 (2) .. | Omit from paragraph (a) “ 8th February, 1973 ”, substitute “ 8 February 1973 ”. |
| Omit from paragraph (b) “ Naval Forces or the Military Forces—on or after 9th February, 1973 ”, substitute “ Navy or of the Army—on or after 9 February 1973 ”. |
Sub-regulation 4 (4).. | Omit “ Seven hundred and fifty dollars ”, substitute “ $750 ”. |
Sub-regulation 4 (8).. | Omit “ to these Regulations ”. |
Sub-regulation 4 (9).. | Omit “ Seven hundred and fifty dollars ”, substitute “ $750 ”. |
* Notified in the Australian Government Gazette on 3 February 1976.
† Statutory Rules 1973, No. 188, as amended by Statutory Rules 1973, No. 261; 1974, Nos. 14, 161 and 234; and 1975, Nos. 141 and 195.
Provision | Amendment |
Sub-regulation 4 (10) | Omit from paragraph (a) “ 7th February, 1973 ”, substitute “ 7 February 1973 ”. |
| Omit from paragraph (b) “ Naval Forces or the Military Forces—on 8th February, 1973 ”, substitute “ Navy or of the Army—on 8 February 1973 ”. |
| Omit “ 7th or 8th February, 1973 ”, substitute “ 7 or 8 February 1973 ”. |
Schedule 1 ....... | Omit from Column 1 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from Column 2 “ Military Forces ”, substitute “ Army ”. |
Schedule 2 ....... | Omit from Column 1 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from Column 2 “ Military Forces ”, substitute “ Army ”. |
| Omit from item 1 “ (Chairman, Chiefs of Staff Committee) ” (wherever occurring), substitute “ (Chief of Defence Force Staff) ”. |
| Omit from item 2 “ (Chief of the Naval Staff) ”, substitute “ (Chief of Naval Staff) ”. |
| Omit item 5. |
Schedule 3........ | Omit from Column 1 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from Column 2 “Military Forces ”, substitute “ Army ”. |
Schedule 4 ....... | Omit from item 2 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from item 4 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from item 4 “ those Forces ”, substitute “ the Navy ”. |
| Omit from item 5 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from item 6 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from item 8 “ Naval Forces ”, substitute “ Navy ”. |
| Omit from item 11 “ Navy Forces ”, substitute “ Navy ”. |
Overview
The Statutory Rules 1976 No. 42, titled "Regulations under the Defence Force Retirement and Death Benefits Act 1973-1974", were enacted to amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. These regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council. The purpose of these amendments was to update certain dates and terminology within the regulations to reflect changes in the Defence Force structure and to standardise date formats. This was achieved by omitting certain dated references and substituting them with updated equivalents, as well as replacing the terms "Naval Forces" and "Military Forces" with "Navy" and "Army" respectively. The regulations came into operation on 9 February 1976.
Scope and Application
These regulations are made under the Defence Force Retirement and Death Benefits Act 1973-1974 and apply to the members of the Australian Defence Force, specifically the Navy and Army, and their dependents. The regulations amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to correct various date and terminology errors, ensuring consistency and clarity in the application of benefits. The geographic reach of these regulations is national, as they apply to all members of the Australian Defence Force across the Commonwealth of Australia. The regulations come into operation on 9 February 1976 and are designed to ensure the smooth administration of benefits for Defence Force personnel and their families. While these regulations primarily focus on the correction and clarification of existing provisions, they do not introduce any new substantive changes or exclusions to the scope of the Defence Force Retirement and Death Benefits Act 1973-1974.
Key Provisions
The primary operative sections of the Statutory Rules 1976 No. 42, which are Regulations under the Defence Force Retirement and Death Benefits Act 1973-1974, are primarily concerned with amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. These amendments include changes to dates, terms, and monetary values to ensure the regulations remain up-to-date and accurately reflect current practices and legal requirements (reg. 2). The commencement date for these Regulations is 9 February 1976, marking the point at which these changes will take effect (reg. 1).
The obligations imposed by these Regulations are primarily administrative and technical in nature, focusing on the accurate updating and maintenance of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations. This involves correcting typographical errors, updating terminology such as replacing "Naval Forces" and "Military Forces" with "Navy" and "Army" respectively, and ensuring consistency in date formats and monetary values throughout the document (reg. 2). These amendments are designed to ensure that the regulations are clear, precise, and compliant with current legislative standards.
The Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the Defence Force Retirement and Death Benefits Act 1973-1974, or the associated regulations, could potentially lead to legal actions under the Act. The Act itself might include provisions for penalties or consequences for non-compliance, which would apply in such cases. For example, inaccuracies or omissions in the calculation and payment of benefits could lead to legal disputes, financial penalties, or other administrative consequences for the responsible parties.
In summary, Statutory Rules 1976 No. 42 focuses on updating and correcting the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to ensure they accurately reflect current practices and legal standards. The Regulations impose obligations on the relevant parties to ensure the accuracy and consistency of these amendments. While the Regulations themselves do not specify penalties, non-compliance with the underlying Act could result in various legal and administrative consequences.