EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 395
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS 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 Regulations.
Defence Force. Retirement and Death Benefits Regulations
Section 60 of the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) provides for a basic annual rate of pay, as the minimum basis for the calculation of the benefits payable in respect of a retired or deceased member, to be prescribed.
The Defence Force Retirement and Death Benefits Regulations (“the Regulations”), made under the Act, prescribe various matters for carrying out or giving effect to the Act.
Regulation 4 of the Regulations prescribes a basic annual rate of pay, for the purposes of section 60 of the Act. The rate since 30 August 1982 has been prescribed by reference to Schedule 7 to the Defence Force (Salaries) Regulations.
This Statutory Rule amends the Regulations to omit references to the Defence Force (Salaries) Regulations and substitute references to the Determination that will replace those Regulations.
Regulation 2 of the Statutory Rule inserts a new definition in regulation 3.
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.