Overview

The Defence Act 1903, enacted by the Commonwealth Parliament, was introduced to establish and regulate the Australian Defence Force and related matters. This Act provides the legal framework for the administration and governance of defence forces, addressing issues related to the recruitment, training, and service of military personnel. One of the specific legislative instruments under this Act is the Defence Force (Superannuation)(Productivity Benefit) Determination No 2 of 1995, made by the Minister for Defence Science and Personnel, Gary Francis Punch. This determination was enacted to amend the productivity benefits applicable to certain members of the Defence Force, specifically addressing the percentages of productivity benefits for retired members who rejoin the force and for members with varying lengths of service. The policy objective behind these amendments is to ensure that the benefits provided to Defence Force members are accurately and fairly calculated in accordance with their service periods and status.

Scope and Application

This legislative instrument pertains to the Defence Act 1903, specifically amending the Defence Force (Superannuation) (Productivity Benefit) Determination as of 28 June 1995. The determination applies to retired members who again become members, referred to as "recipient members," and modifies the percentage of productivity benefits they are entitled to receive. The amendment affects various periods and categories of service, setting specific percentages for these benefits. The changes are effective from certain dates, with subclauses 4.1, 4.2, and 4.3 commencing on 1 July 1995, and clause 3 and subclause 4.4 starting on 1 July 1992. The legislation is focused on the Commonwealth level, impacting defence personnel and their entitlements within the Australian Defence Force. The amendments provide clarity on the calculation of productivity benefits by defining percentages for different service periods and conditions.

Key Provisions

This Determination amends the Defence Force (Superannuation)(Productivity Benefit) Determination under Section 52 of the Defence Act 1903. Specifically, it modifies the definition of certain terms and the rates of productivity benefits for different categories of retired Defence Force members. The amendment affects the calculation of superannuation benefits for members who have been re-employed or are receiving a pension, depending on their service periods and contribution statuses. The obligations under this Determination are primarily directed at Defence Force members, particularly those who have been re-employed or are receiving pensions. They must ensure their service periods and contribution statuses are correctly categorised to receive the appropriate percentage of productivity benefits. The re-definition of "Recipient member" as a retired member who again becomes a member of the Defence Force clarifies the eligibility criteria for these benefits. The Determination introduces specific obligations for Defence Force members to provide accurate information regarding their service periods and contributions to the superannuation scheme. This includes distinguishing between members with more than 12 months of service, those with less than 365 days of service who are non-contributors, and the exact dates of their service to ensure they receive the correct percentage of productivity benefit. The Determination also outlines civil consequences for non-compliance with the provisions of the productivity benefit rates. While specific penalties are not mentioned in the text, breaches of such legislative instruments typically lead to financial penalties, which could include overpayments or underpayments of superannuation benefits that must be rectified. In extreme cases, persistent non-compliance could result in more severe administrative actions or legal consequences.