Overview

The Defence Force (Superannuation Interim Arrangement) Determination No 1 of 1991, made under Section 52 of the Defence Act 1903, was enacted to address the need for interim arrangements in superannuation for members of the Australian Defence Force. This legislative instrument was introduced by the Australian Government, specifically by Gordon Neil Bilney, the Minister of State for Defence Science and Personnel, to ensure that there were transitional provisions in place for the superannuation of defence force members. The commencement of this determination was deemed effective from 1 January 1991, and it was made to provide a temporary solution to address gaps in superannuation arrangements until a more comprehensive framework could be established. This legislative action aimed to safeguard the financial security of defence personnel during the interim period.

Scope and Application

The Determination No 1 of 1991, made under Section 52 of the Defence Act 1903, applies to Defence Force members who are eligible for superannuation arrangements as outlined in the Defence Force (Superannuation Interim Arrangement) Determination. This legislative instrument extends to all Defence Force personnel within the Commonwealth of Australia, thereby encompassing individuals who are part of the Australian Defence Force, including the Army, Navy, and Air Force. The scope of the Act includes the provision and administration of superannuation benefits to Defence Force members, ensuring that they receive appropriate retirement benefits in accordance with the interim arrangements specified. The application of this Determination is specifically targeted at the financial entitlements of Defence Force members, with a clear focus on superannuation. Notably, the Determination does not specify exclusions or exemptions but is intended to universally apply to all eligible members of the Defence Force. The application of this Determination may be further detailed or extended through subordinate instruments, which may provide additional specifications or adjustments to the interim arrangements for superannuation.

Key Provisions

The primary sections of this Determination No 1 of 1991 under Section 52 of the Defence Act 1903 amend the Defence Force (Superannuation Interim Arrangement) Determination. Specifically, it amends the superannuation contributions for defence force personnel. Section 1991 of the Schedule adds a new entry of 0.1201, indicating a specific adjustment to the superannuation arrangements for the year 1991. This adjustment is made to ensure that the superannuation contributions align with the requirements set out under the Defence Force Superannuation Act. This Determination imposes obligations on various parties involved in the superannuation arrangements for defence force personnel. It mandates that the contributions to the superannuation funds for defence personnel be adjusted in accordance with the new entry added in the Schedule. The Minister of State for Defence Science and Personnel, Gordon Bilney, is responsible for ensuring that these adjustments are implemented and that the superannuation arrangements comply with the Defence Act 1903. Breach of the provisions in this Determination could lead to legal consequences. While specific offences and penalties are not detailed in the text, any non-compliance with the Defence Act 1903 or failure to adhere to the amended superannuation arrangements could result in civil or criminal penalties. The maximum penalties would depend on the severity and intent behind the breach, as well as any subsequent actions taken under the Defence Act. Given the importance of superannuation arrangements for defence personnel, any breaches could lead to significant consequences for the parties involved.