Overview

The Determination No 2 of 1990 under Section 52 of the Defence Act 1903 was enacted to address a specific issue concerning the interim benefits payable to members of the Australian Defence Force. The objective of this legislative instrument, as made by Gordon Neil Bilney, the Minister of State for Defence Science and Personnel, is to prevent the Commonwealth from withholding interim benefits due to members of the Defence Force through set-off or counterclaims. This determination was introduced to ensure that members of the Defence Force receive their interim benefits without any unwarranted deductions, thereby safeguarding their entitlements. The policy objective here is to maintain the integrity of interim benefit payments to Defence Force members, ensuring they are not adversely affected by financial actions of the Commonwealth.

Scope and Application

This legislative instrument, Determination No 2 of 1990, amends the Defence Force (Superannuation Interim Arrangement) Determination under Section 52 of the Defence Act 1903. The primary application of this determination is to regulate the interim benefits payable to individuals associated with the Australian Defence Force, specifically focusing on superannuation arrangements. It applies to any person who is a member of the Defence Force and is entitled to an interim benefit under the superannuation arrangement. The amendment explicitly addresses the Commonwealth's rights in relation to the withholding of these interim benefits, prohibiting the government from setting off or counterclaiming any part of the interim benefit against the Commonwealth. The jurisdictional reach of this legislation is national, as it pertains to the Defence Act 1903, which is a Commonwealth Act. There are no exclusions, exemptions, or specific thresholds mentioned in the text, and it does not extend or restrict application through subordinate instruments, as it stands as a direct amendment to an existing clause.

Key Provisions

The main operative sections of this Determination, under section 52 of the Defence Act 1903, include the amendment to Clause 9 of the Defence Force (Superannuation Interim Arrangement) Determination. Specifically, Clause 10 has been added, which stipulates that where an interim benefit becomes payable in respect of a person, the Commonwealth shall not be entitled to withhold that interim benefit or any part thereof by way of set off or counter claim in right of the Commonwealth (Clause 10). This ensures that any interim benefit granted to a person is not subject to deductions by the Commonwealth under these circumstances. This Determination imposes specific obligations and requirements on the Commonwealth. It mandates that the Commonwealth cannot withhold interim benefits, including any part of such benefits, by way of set off or counterclaim. This legal provision protects the recipients of these interim benefits from deductions that could potentially be made by the Commonwealth in its own right. It ensures that the interim benefits are paid in full and without deductions, thereby safeguarding the financial entitlements of the beneficiaries. In the event of a breach of this Determination, there may be legal consequences. However, the text does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. The absence of such details suggests that compliance with the Determination is expected to be straightforward, with the primary focus being on protecting the beneficiaries' interim benefits from unwarranted deductions. Any enforcement actions or penalties would likely be determined by the courts or relevant authorities in the context of a specific breach case, though the exact nature of these consequences is not detailed in the Determination itself.