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.
Overview
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rule 1984 was enacted to address the transitional arrangements necessary for the transfer of legislative authority regarding financial conditions of service from regulations to determinations made by the Minister for Defence. This amendment was in response to the Defence Amendment Act 1979, which authorised the Minister to make such determinations under section 58B of the Defence Act 1903. The regulations were made under the authority of the Minister for Defence and are intended to ensure a smooth transition from the old regulatory framework to the new determination-based system, effective from 31 December 1984. This change involved repealing certain provisions of the Defence Force (Salaries) Regulations and remaking them as a determination, while also making necessary consequential amendments to the Defence Force Retirement and Death Benefits Regulations to reflect this shift.
Scope and Application
The Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1984 No. 395 amends the Defence Force Retirement and Death Benefits Regulations to align with the legislative changes brought about by the Defence Amendment Act 1979. This amendment specifically applies to the basic annual rate of pay, which serves as the minimum basis for calculating benefits payable to retired or deceased members of the defence force, as prescribed by section 60 of the Defence Force Retirement and Death Benefits Act 1973. The Regulations, which were originally made under the Act, have been adjusted to reflect the new determinations made by the Minister for Defence under section 58B of the Defence Act 1903. These amendments remove references to the Defence Force (Salaries) Regulations and replace them with references to the new Determination, effective from 31 December 1984. The Regulations impact all entities and individuals within the defence force who are entitled to retirement or death benefits, ensuring that the prescribed basic annual rate of pay is updated to reflect the new legislative framework.
Key Provisions
The primary sections of the Defence Force Retirement and Death Benefits Regulations (Amendment) Statutory Rules 1984 No. 395 involve amendments to the existing regulations to reflect the changes in legislative authority from regulations to determinations under section 58B of the Defence Act 1903. Regulation 2 introduces a new definition in regulation 3, while Regulation 3 modifies regulation 4 to replace references to the Defence Force (Salaries) Regulations with references to the new Determination that will take effect from 31 December 1984. These changes ensure that the basic annual rate of pay, which is crucial for the calculation of benefits for retired or deceased members of the Defence Force, is appropriately aligned with the new legislative framework.
The obligations imposed by these Regulations require the Minister for Defence to make determinations concerning conditions of service, including remuneration, in place of the repealed regulations. Specifically, the Minister must ensure that the new Determination, which will replace the Defence Force (Salaries) Regulations, accurately reflects the new legislative requirements and provides a consistent and reliable basis for calculating the benefits payable to Defence Force members. The Regulations also mandate that the new Determination should be effective from 31 December 1984, marking the end of the transitional period during which the Minister could amend or repeal specified regulations.
Failure to comply with these Regulations may result in significant legal and administrative consequences. While the Regulations themselves do not explicitly outline specific offences or penalties for breaches, any non-compliance with the Defence Force Retirement and Death Benefits Act 1973 or the Defence Act 1903 could potentially lead to legal actions or penalties as prescribed by those Acts. The Defence Force Retirement and Death Benefits Act 1973, for instance, may provide for penalties related to the improper calculation or payment of benefits, while the Defence Act 1903 might include provisions for administrative or legal sanctions against breaches of service conditions. The exact penalties would depend on the nature and severity of the breach, but they could range from financial penalties to more severe administrative or legal actions.