Overview

The Defence Force (Superannuation Interim Arrangement) Determination No 1 of 1990, made by Gordon Neil Bilney, the Minister of State for Defence Science and Personnel, under Section 52 of the Defence Act 1903, was introduced to address the need for interim arrangements regarding superannuation for members of the Australian Defence Force. The determination was enacted by the Commonwealth Parliament and its policy objective was to provide a transitional framework for superannuation arrangements until a more permanent solution could be implemented. This legislative instrument was deemed to have commenced on 1 January 1990 and includes amendments to the Defence Force (Superannuation Interim Arrangement) Determination, specifically adjusting the superannuation rate.

Scope and Application

The Defence Force (Superannuation Interim Arrangement) Determination No 1 of 1990 applies to members of the Australian Defence Force (ADF), encompassing both full-time and part-time personnel, as well as to their respective dependants. This legislative instrument was issued under Section 52 of the Defence Act 1903 and pertains specifically to the interim superannuation arrangements for ADF members. It sets out the transitional provisions governing the superannuation benefits applicable to these individuals. The determination ensures that ADF members are covered under a specific superannuation scheme during the interim period, addressing their financial security post-service. The jurisdictional reach of this Determination is national, as it pertains to all ADF members throughout Australia. While the primary focus is on the superannuation arrangements for Defence personnel, the application is not limited by geographic boundaries within the Commonwealth. There are no stated exclusions or exemptions within the text, though it is implicit that the provisions apply to all eligible ADF members and their dependants. Any further application or restrictions would be delineated through subordinate instruments or additional legislative provisions.

Key Provisions

The main operative sections of the Defence Force (Superannuation Interim Arrangement) Determination (Determination No 1 of 1990) involve adjustments to the superannuation arrangements for Defence Force personnel. Section 2 of the Schedule amends the superannuation rates and contributions. This amendment adds a new entry for the year 1990, specifying a particular rate (0.1293) which is to be applied in the interim period until a permanent superannuation scheme is established. Under this Determination, the Defence Force is obligated to implement the specified superannuation rates for the interim period. The Defence Force personnel are entitled to receive superannuation contributions based on the amended rates as outlined in the Schedule. The Defence Force must also ensure compliance with these provisions, making necessary adjustments to their financial systems to reflect the interim superannuation arrangement. Any breach of the provisions set out in this Determination could potentially lead to legal consequences. While specific offences and penalties are not detailed within the text of the Determination, non-compliance with Defence Act 1903 provisions could result in disciplinary actions, financial penalties, or other legal ramifications. The exact nature and severity of these consequences would depend on the specific circumstances and the provisions of the overarching Defence Act 1903.