EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 325
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”) prescribed the annual rate of pay of a member of the Defence Force, for the above purpose of the Act, by reference to Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903 (“Determination 0101”).
With effect from 5 September 1985 the Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) has made Determination No. 1 of 1985, under section 58H of the Defence Act 1903, modifying Determination 0101 with respect to the rates of pay payable to members of the Defence Force.
As a result of the Remuneration Tribunal’s Determination, a consequential amendment was required to the Annual Rates of Pay Regulations.
Amendments to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations
This Statutory Rule amends the Annual Rates of Pay Regulations to provide that the annual rates prescribed by those regulations by reference to Determination 0101 include such modifications as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 1 of the Statutory Rule provides that the amendment shall be deemed to have come into operation on 5 September 1985, the date of effect of Determination No. 1 of 1985 made by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Regulation 2 of the Statutory Rule amends regulation 3 of the Annual Rates of Pay Regulations to redefine “Determination 0101” to include in that definition such modifications of that Determination as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903.
Overview
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rule 1985 was enacted to address the need for updating the annual rates of pay for members of the Defence Force, as prescribed under the Defence Force Retirement and Death Benefits Act 1973. This statutory rule was issued by the authority of the Minister for Defence and came into effect on 5 September 1985. The primary objective of this amendment was to ensure that the annual rates of pay, which form the basis for calculating contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme, are aligned with the modifications made to the original Determination 0101 by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903. Consequently, the amendment redefined the term "Determination 0101" in the Annual Rates of Pay Regulations to include any modifications determined by the Remuneration Tribunal.
Scope and Application
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rules 1985 No. 325, issued under the authority of the Minister for Defence, modifies the existing regulations to align the annual rates of pay prescribed for members of the Defence Force with recent determinations made by the Defence Force Remuneration Tribunal. This legislation applies to all members of the Defence Force, including those in the permanent and reserve forces, and is intended to ensure that the annual rates of pay used for calculating contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme are up to date. The regulations reflect modifications to the original Determination 0101, Salary of Permanent Force Members, made by the Remuneration Tribunal under section 58H of the Defence Act 1903. The amendment ensures that any future modifications to the rates of pay by the Remuneration Tribunal are incorporated into the annual rates prescribed by the Regulations. The amendment was effective from 5 September 1985, the date on which the Remuneration Tribunal’s new determination came into effect.
Key Provisions
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rules 1985 No. 325, issued under the authority of the Minister for Defence, contain amendments to the existing Annual Rates of Pay Regulations. Section 3 of the Defence Force Retirement and Death Benefits Act 1973 requires that the annual rate of pay for Defence Force members, which forms the basis for calculating contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme, must be prescribed by regulation. Regulation 2 of the Statutory Rule makes an amendment to regulation 3 of the Annual Rates of Pay Regulations, redefining "Determination 0101" to include modifications as determined from time to time by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903. This amendment ensures that the prescribed annual rates of pay now incorporate any modifications made to Determination 0101 by the Remuneration Tribunal.
The obligations imposed by the Statutory Rule on Defence Force members and the relevant authorities are primarily concerned with the accurate calculation of annual rates of pay. Members of the Defence Force are entitled to have their annual rates of pay calculated in accordance with the prescribed regulations, which now include modifications by the Remuneration Tribunal. The Remuneration Tribunal is tasked with determining any modifications to the rates of pay under section 58H of the Defence Act 1903, and these modifications must be incorporated into the Annual Rates of Pay Regulations. The Defence Force, as well as the relevant administrative bodies, are required to ensure that these regulations are adhered to when calculating the annual rates of pay for Defence Force members.
Breaches of the regulations may have civil or administrative consequences. The Statutory Rule itself does not explicitly state penalties for non-compliance; however, the Defence Force Retirement and Death Benefits Act 1973 and related legislation may provide for penalties where there is a failure to comply with the regulations. Such penalties could include financial penalties, administrative sanctions, or other corrective measures as deemed necessary by the relevant authorities to ensure compliance. The maximum penalties would be as prescribed under the overarching Act and related legislative frameworks. It is important for all parties involved to be aware of their obligations and to ensure they are met to avoid any adverse consequences.