Overview

The Defence Force (Superannuation) (Productivity Benefit) Determination (Amendment) (No. 4 of 1998), made under the authority of the Defence Act 1903, was enacted to modify the eligibility and calculation of productivity benefits for members of the Australian Defence Force's superannuation scheme. This legislative instrument, dated 12th August 1998 and made by Bronwyn Kathleen Bishop, the Minister for Defence Industry, Science and Personnel, aims to address specific time-bound criteria and percentages associated with the payment of productivity benefits, thereby ensuring that the benefits are aligned with the relevant periods and rates. The determination came into effect on 1 July 1998 and involves amendments to the original determination to update the qualifying conditions and benefit rates for the specified periods.

Scope and Application

The Defence Force (Superannuation) (Productivity Benefit) Determination (Amendment) (No. 4 of 1998) is a legislative instrument made under section 52 of the Defence Act 1903 by Bronwyn Kathleen Bishop, the Minister for Defence Industry, Science and Personnel. The amendment applies to the Defence Force (Superannuation) (Productivity Benefit) Determination and amends certain clauses to alter the conditions and calculations for the payment of productivity benefits within the superannuation scheme for defence force members. Specifically, the amendment modifies the eligibility criteria and the rates for the productivity benefit, effective from 1 July 1998. The legislation targets current and former members of the Australian Defence Force who are in receipt of superannuation benefits, ensuring that the changes to the productivity benefit are reflected accurately within their entitlements. The scope of this amendment is limited to the specified clauses and does not extend to other provisions within the Defence Force Superannuation Scheme.

Key Provisions

The Defence Force (Superannuation) (Productivity Benefit) Determination (Amendment) (No. 4 of 1998) amends the Defence Force (Superannuation) (Productivity Benefit) Determination under the Defence Act 1903. The primary changes introduced by this amendment involve the timeframe for when the productivity benefit is payable, as well as adjustments to the rates of this benefit. Section 3.1 modifies clause 6, subclause (2)(a)(iii), and section 3.2 modifies clause 6, subclause (6)(c), to exclude benefits for those who permanently left the Defence Force after 30 June 1998. The changes made in section 4 pertain to the rates of the productivity benefit. Specifically, section 4.1 and 4.2 adjust clause 8AA, subclause (2)(a) and (b), respectively, by altering the periods for which certain benefit rates apply, and introducing a new rate of 9.0% for periods commencing from 1 July 1998. The Defence Act 1903, through this amendment, imposes certain obligations on the parties involved. These obligations include adhering to the specified timelines for the payment of productivity benefits and ensuring that the correct rates are applied according to the amended clauses. The amendments necessitate that Defence Force personnel and administrators are aware of the changes to eligibility and benefit rates to ensure compliance with the updated provisions. Breaches of the provisions set out in this amendment may lead to legal consequences. Although the specific penalties for non-compliance are not detailed within the legislative instrument, under general Australian legislative frameworks, penalties for non-compliance with statutory requirements can include fines, legal action, and other administrative penalties. The severity of these penalties would depend on the nature and extent of the non-compliance, as well as any additional directions or penalties prescribed in related statutes or regulations. It is essential for all parties involved to adhere strictly to the amended provisions to avoid potential legal repercussions.