Overview

The Defence (Superannuation Interim Arrangement) Determination No 2 of 1992 was enacted by Gordon Neil Bilney, the Minister of State for Defence Science and Personnel, under Section 52 of the Defence Act 1903. This determination was introduced to address a specific issue regarding the calculation of interim superannuation benefits for members of the Defence Force. It aimed to make an adjustment to Clause 8A, specifically reducing the factor for the calendar year 1992 by 15% for members in service during the specified period from 1 July 1992 to 31 December 1992. The policy objective behind this determination was to provide a temporary financial adjustment to ensure fairness and consistency in the superannuation benefits for Defence personnel during a transitional period.

Scope and Application

The Defence Act 1903 Determination No 2 of 1992, made by the Minister of State for Defence Science and Personnel, applies specifically to amendments concerning the Defence (Superannuation Interim Arrangement) Determination, impacting members of the defence force. The amendment outlined in the determination affects the calculation of the interim benefit for members in pay periods concluding between 1 July 1992 and 31 December 1992. The scope of the determination is limited to those members whose service periods fall within this specified timeframe and who are subject to the Defence (Superannuation Interim Arrangement) Determination. The amendment reduces the factor in the schedule for the calendar year 1992 by 15% for the purposes of calculating the interim benefit during the mentioned period. This legislative instrument operates within the Commonwealth jurisdiction, applying to the defence force members who are bound by the Defence Act 1903. There are no stated exclusions or exemptions within this particular determination, and it directly modifies the existing arrangements without extending its application through subordinate instruments.

Key Provisions

The main operative sections of this Determination under Section 52 of the Defence Act 1903 involve the amendment of the Defence (Superannuation Interim Arrangement) Determination. Specifically, Clause 8A, which deals with the amount of interim benefit after 1988, is being modified. The amendment, which comes into effect on 1 July 1992, introduces a new subsection (7) that reduces the factor in the Schedule for the calendar year 1992 by 15% for members whose service period ends between 1 July 1992 and 31 December 1992. This change is intended to adjust the interim superannuation benefit calculation for a specified period. The obligations and requirements imposed by this Determination are primarily concerned with the adjustment of superannuation benefits for Defence personnel. This adjustment is specific to members who are serving during the period from 1 July 1992 to 31 December 1992. The factor used in the calculation of their interim benefit is to be reduced by 15% for the calendar year 1992. This legislative change ensures that the interim benefit calculation is accurately reflecting the reduced factor for the specified period, thereby providing clarity and predictability in superannuation entitlements for affected members. There are no explicit offences, penalties, or civil/criminal consequences mentioned within this Determination for non-compliance with the specified adjustments. However, any failure to correctly apply these provisions could potentially lead to disputes regarding superannuation benefits, which might then be subject to review or adjudication under relevant administrative or judicial processes. The primary focus of this Determination is on the technical adjustment of the interim benefit calculation rather than punitive measures for non-compliance.