EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 186
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS REGULATIONS (AMENDMENT)
Section 60 of the Defence Force Retirement and Death Benefits Act 1973 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 for the period after 7 February 1973 is prescribed by reference to sub-regulation 10(1) and Item 1 of Schedule 9 of the Defence Force (Salaries) Regulations.
Regulation 10 of the Defence Force (Salaries) Regulations was repealed by Statutory Rules 1982 No. 204 which took effect from 31 August 1982. At that time, the reference in regulation 4 of the Regulations to sub-regulation 10(1) of the Defence Force (Salaries) Regulations was overlooked, with the result that after 30 August 1982 no basic annual rate of pay has been prescribed under the Regulations.
Regulation 1 of the Statutory Rule makes the amendment effective from 30 August 1982.
Regulation 2 of the Statutory Rule amends regulation 4 of the Regulations to prescribe, for the period after 30 August 1982, a basic annual rate of pay equal to the salary rate specified in Schedule 7 to the Defence Force (Salaries) Regulations for a Private at pay level 1.
Commencement
The amendments have effect from 30 August 1982.
Overview
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1984 No. 186, issued under the authority of the Minister for Defence, were enacted in 1984 to address a gap in the Defence Force Retirement and Death Benefits Regulations. This gap arose from the repeal of Regulation 10 of the Defence Force (Salaries) Regulations in 1982, which inadvertently left no prescribed basic annual rate of pay after 30 August 1982 under the Defence Force Retirement and Death Benefits Regulations. The objective of this amendment was to rectify the oversight by prescribing a new basic annual rate of pay for the period subsequent to 30 August 1982, ensuring that the benefits payable to retired or deceased members could continue to be calculated correctly.
Scope and Application
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1984 No. 186, issued under the authority of the Minister for Defence, amends the Defence Force Retirement and Death Benefits Regulations 1973. This amendment rectifies a prior oversight whereby a basic annual rate of pay for retired or deceased members of the Defence Force had not been prescribed since 31 August 1982, following the repeal of Regulation 10 of the Defence Force (Salaries) Regulations. The amendment effectively reinstates a prescribed basic annual rate of pay by aligning it with the salary rate for a Private at pay level 1, as specified in Schedule 7 of the Defence Force (Salaries) Regulations. This adjustment applies to all Defence Force members who retired or passed away after 30 August 1982, ensuring continuity in the calculation of their retirement and death benefits. The Regulations pertain specifically to entities and individuals within the Defence Force and are implemented on a Commonwealth level.
Key Provisions
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1984 No. 186, issued under the authority of the Minister for Defence, address the omission of a basic annual rate of pay for the calculation of benefits for retired or deceased members of the Defence Force. Regulation 4 of the Regulations, which initially referred to a now-repealed sub-regulation of the Defence Force (Salaries) Regulations, inadvertently left a gap in the prescription of the basic annual rate of pay after 30 August 1982. Regulation 2 of the Statutory Rule amends this by prescribing a new basic annual rate of pay for the period after 30 August 1982, equal to the salary rate specified in Schedule 7 of the Defence Force (Salaries) Regulations for a Private at pay level 1.
These Regulations impose obligations on the entities involved in the calculation and payment of benefits to retired or deceased members of the Defence Force. Specifically, they mandate that a basic annual rate of pay must be prescribed for determining the benefits under section 60 of the Defence Force Retirement and Death Benefits Act 1973. The Regulations ensure that a precise and up-to-date rate is established to maintain the integrity of the benefits calculation process. The new amendment aligns the rate of pay with the salary of a Private at pay level 1, ensuring that the benefits are accurately calculated based on a current and relevant salary rate.
The Statutory Rules also provide for civil or criminal consequences in the event of non-compliance with the Regulations. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is understood that failure to adhere to the prescribed rates and provisions could lead to legal repercussions. The penalties for non-compliance could include fines, corrective actions, or other enforcement measures as stipulated by relevant laws and regulations. The exact penalties would be determined based on the severity of the breach and in accordance with applicable legal frameworks.