EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 394
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT)
Background
The Defence Amendment Act 1979 implemented a scheme whereby the legislative authority for financial conditions of service would be transferred from regulations to determinations made by the Minister for Defence. A new section 58B was inserted in the Defence Act 1903 to authorise the making of determinations relating to conditions of service.
As a transitional arrangement, section 12 of the Defence Amendment Act 1979 provided that, during an interim period which will expire on 31 December 1984, the Minister for Defence might make determinations amending or repealing specified regulations, including the Defence Force (Salaries) Regulations.
With effect from 31 December 1984, it is proposed to repeal under section 12 of the Defence Amendment Act 1979 those provisions of the Defence Force (Salaries) Regulations which relate to remuneration and to remake the provisions as a determination under section 58B of the Defence Act 1903.
Consequential amendments are required to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.
Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations
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 “), made under the Act, prescribe the annual rate of pay of a member of the Defence Force, for the purposes of the Act. Essentially this is done by reference to the rates of salary prescribed under the Defence Force (Salaries) Regulations.
This Statutory Rule amends the Annual Rates of Pay Regulations to omit references to the Defence Force (Salaries) Regulations and substitute references to the Determination that will replace those Regulations.
Regulation 1 of the Statutory Rule specifies 31 December 1984 as the date of commencement of the amendments.
Regulation 2 of the Statutory Rule inserts a new definition in sub-regulation 3(1).
Regulation 3 of the Statutory Rule amends regulation 4 to omit references to the Defence Force (Salaries) Regulations and substitute references to the new Determination.