Overview

The Defence Force (Superannuation Interim Arrangement) Determination No 1 of 1992 was made under Section 52 of the Defence Act 1903, and it was enacted by Gordon Neil Bilney, the Minister of State for Defence Science and Personnel. This legislative instrument was introduced to address specific interim arrangements in relation to superannuation for members of the Australian Defence Force. The intent behind this determination was to provide a transitional framework until a more permanent superannuation arrangement could be established. The policy objective, as implied by the text, is to ensure that Defence Force members have a structured and interim financial provision for their retirement until a comprehensive system is implemented. This determination aimed to fill an immediate gap in the superannuation provisions for Defence personnel, offering stability and predictability in their post-service financial planning.

Scope and Application

This legislative instrument, Determination No 1 of 1992, made under Section 52 of the Defence Act 1903, applies to personnel within the Australian Defence Force (ADF) and encompasses the interim arrangements for superannuation contributions for Defence Force members. The Determination is applicable to both serving and retired members of the ADF, ensuring that their superannuation benefits are adequately managed during a transitional period. Geographically, the application of this Determination extends across the Commonwealth of Australia, aligning with the overarching jurisdiction of the Defence Act 1903. There are no explicit exclusions, exemptions, or thresholds mentioned in the Determination, suggesting that it applies broadly to all eligible Defence Force personnel. However, the precise application and details of the superannuation contributions are likely further defined in subordinate instruments or related legislation. This Determination is effective from 1 January 1992, as indicated by the commencement date specified in the document.

Key Provisions

The main operative sections of this determination, as outlined in the Defence Force (Superannuation Interim Arrangement) Determination, focus on the adjustment of superannuation rates for Defence Force personnel. Specifically, section 2 of the Schedule amends the determination by adding a new superannuation rate of 0.0951 for the year 1992 (Schedule, clause 1992). This rate adjustment is meant to reflect the interim arrangements governing the superannuation contributions for members of the Australian Defence Force during that year. The obligations and requirements imposed by this legislation primarily concern the calculation and payment of superannuation for Defence Force personnel. By setting the superannuation rate at 0.0951 for 1992, the determination mandates that Defence Force members and the Defence Force itself adhere to this specific rate for superannuation contributions during that period (Schedule, clause 1992). This ensures uniformity and compliance in the superannuation contributions process within the Defence Force for that particular year. In terms of consequences for breach, this determination does not explicitly outline specific offences or penalties for non-compliance. However, failure to adhere to the stipulated superannuation rate could lead to administrative or financial discrepancies, potentially impacting both the Defence Force personnel and the Defence Force administration. While the determination itself does not state explicit penalties, any resulting financial discrepancies or non-compliance could be subject to further administrative action or review under the Defence Act 1903 or other relevant legislation.