Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) 1997 No. 42
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 42
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Force Retirement and Death Benefits Act 1973
Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment)
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations ("the Principal Regulations"), made under the Defence Force Retirement and Death Benefits Act 1973, prescribe the method of determining the annual rate of pay for members of the Defence Force for the purposes of that Act.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.
This Statutory Rule amends the Principal Regulations by changing references to the titles Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. (The other expressions do not appear in the Principal Regulations.)
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) 1997 No. 42, issued under the authority of the Minister for Defence Industry, Science and Personnel, was enacted to amend the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations made under the Defence Force Retirement and Death Benefits Act 1973. This amendment addresses the need to update the regulatory framework following the structural changes to the Defence Force that were implemented through the Defence Legislation Amendment Act (No. 1) 1997. The purpose of these amendments is to align the regulatory terminology with the new command arrangements by replacing the titles of the service chiefs in the Defence Force Retirement and Death Benefits regulations. The policy objective is to ensure that the regulations accurately reflect the current titles and structure of the Defence Force, thereby maintaining the integrity and relevance of the legislative provisions governing the annual rates of pay for Defence Force members.
Scope and Application
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) 1997 No. 42 pertains to the annual rates of pay for members of the Defence Force, as stipulated by the Defence Force Retirement and Death Benefits Act 1973. This amendment is consequential to the changes made by the Defence Legislation Amendment Act (No. 1) 1997, which introduced new titles for the service chiefs within the Defence Force. Specifically, the titles Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff were changed to Chief of Navy, Chief of Army, and Chief of Air Force, respectively. This amendment ensures that the Principal Regulations are consistent with the updated titles as per the 1997 Act. The regulation applies to all members of the Defence Force who are entitled to annual rates of pay under the Defence Force Retirement and Death Benefits Act 1973. The amendment is effective from the date of gazettal, impacting the administration of benefits across the Commonwealth.
Key Provisions
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) 1997 No. 42 primarily serves to update the references within the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations to align with the recent changes in the Defence Force's command structure. Specifically, the regulation changes the titles of the service chiefs from Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff to Chief of Navy, Chief of Army, and Chief of Air Force respectively, as mandated by the Defence Legislation Amendment Act (No. 1) 1997. This update ensures consistency across legislative documents and reflects the new command arrangements within the Defence Force (Regulation 1).
The Act imposes certain obligations on the parties it governs. It mandates that any references to the former titles of the service chiefs within the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations be updated to reflect the new titles. This includes any statutory instruments, regulations, or other legislative documents that may refer to the titles of the service chiefs. The regulation ensures that the changes are implemented uniformly and that all legal references are updated to maintain accuracy and clarity within the legislative framework (Regulation 2).
Breaches of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations, or failure to comply with the amendments stipulated in the Statutory Rule, could potentially lead to civil or administrative penalties. While the specific penalties are not outlined in the Statutory Rule itself, penalties for non-compliance with regulations under the Defence Force Retirement and Death Benefits Act 1973 could include fines or other administrative actions as deemed appropriate by the relevant authorities. The importance of adhering to these regulations lies in maintaining the integrity of the benefits system and ensuring that all service members are treated fairly and in accordance with current legislative standards (Regulation 3).