EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 103
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”) prescribe the annual rate of pay of a member of the Defence Force, for the above purposes of the Act, by reference to Determination 0101, Salary of Permanent Force Members (“Determination 0101”), made under section 58B of the Defence Act 1903.
With effect from 5 September 1985, the Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) made Determination No. 1 of 1985, under section 58H of the Defence Act 1903, modifying Determination 0101 with respect to the rates of pay applicable to members of the Defence Force.
Consequential amendments were accordingly made to the Annual Rates of Pay Regulations by Statutory Rules 1985 No. 325 to include references to that modification from the same date of effect.
On 19 December 1985 the Remuneration Tribunal, in Determination No. 7 of 1985, altered the date of effect of the increases in salary and allowances covered by Determination No. 1. These were made retrospective to 30 May 1985 following a reconsideration of the matter by the Tribunal following a request by the Chief of the Defence Force in accordance with the procedures set out in the Defence Act 1903.
As a result, a further consequential amendment was required to the Annual Rates of Pay Regulations to achieve retrospectivity to the same date of effect as the Tribunal’s Determination No. 7 of 1985.
Amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations
This Statutory Rule amends Statutory Rules 1985 No. 325 to prescribe 30 May 1985 as the date of effect of the modified reference to Determination 0101, to achieve retrospectivity to the same date of effect as the Tribunal’s Determination No. 7 of 1985.
This retrospectivity, effective from the date of an increase in the pay of members of the Defence Force, is authorized by sub-section 131(2) of the Act.
Commencement
The amendment has effect from 30 May 1985.