EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 324
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS REGULATIONS (AMENDMENT)
Background
Section 60 of the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) provides for a prescribed basic annual rate of pay, as a guaranteed minimum rate for the payment of benefits under the Act.
The Defence Force Retirement and Death Benefits Regulations (“the DFRDB 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 DFRDB Regulations.
Regulation 4 of the DFRDB Regulations prescribes the basic annual rate of pay for various periods since the date of commencement of the Act. Paragraphs 4(a)(iv) and 4(b)(iv) were inserted by Statutory Rules 1984 No. 395, in conjunction with the making of Determination 0101, to provide a cross-reference to the rates of salary specified in that Determination, with effect from 31 December 1984.
Paragraphs 4(a)(iv) and 4(b)(iv) identified “the rate specified in Schedule 5 to Determination 0101” as the basic annual rate of pay. However, as Schedule 5 contains a number of different rates, the cross-reference required clarification.
Amendments to the Defence Force Retirement and Death Benefits Regulations
This Statutory Rule amends the DFRDB Regulations to:
a. provide that the basic annual rate of pay prescribed by those regulations with reference to Determination 0101 includes such modifications as are determined from time to time by the Remuneration Tribunal under section 58H of the Defence Act 1903; and
b. correct, with effect from 31 December 1984, the defective cross-reference resulting from the amendments inserted by Statutory Rules 1984 No. 395.
Regulation 2 of the Statutory Rule amends regulation 3 of the DFRDB 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.
Regulation 3 of the Statutory Rule amends regulation 4 of the DFRDB Regulations to insert, as the prescribed basic annual rate of pay for members of the Defence Force, the rate prescribed in Determination 0101 at pay level 1 for the rank of Private.
Commencement
Sub-regulation 1(1) of the Statutory Rule provides that the amendment correcting the defective cross-reference prescribing the basic annual rate of pay shall be deemed to have come into operation on 31 December 1984.
Sub-regulation 1(2) of the Statutory Rule provides that the amendment relating to the definition of Determination 0101 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.