EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 12
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT)
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.
Regulation 4 of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (“the Regulations”), made under the Act, prescribes annual rates of pay for the purposes of section 3.
Subregulation 4(3) of the Regulations provides for the annual rate of pay to be a member’s salary plus certain specified allowances. However, this provision is subject to subregulation 4(4) which makes special provision for the annual rate of pay of the Chief of the Defence Force and the separate service chiefs of staff. The annual rate of pay for these office holders is ascertained by reference to determinations of the Remuneration Tribunal.
In 1988, the Defence Legislation Amendment Act (No. 2) 1988 amended the Defence Act 1903, by placing the office of the Vice Chief of the Defence Force on a statutory basis, with remuneration determined by the Remuneration Tribunal.
The Statutory Rule makes a consequential amendment to subregulation 4(4) to include a reference to the Vice Chief of the Defence Force. The Statutory Rule also provides that, until the Remuneration Tribunal makes a determination in relation to the Vice Chief of the Defence Force, the annual rate of pay for that office will continue to be ascertained under the currently applicable provision (subregulation 4(3) of the Regulations).
The Statutory Rule comes into operation on the date of gazettal.