DEFENCE FORCES RETIREMENT BENEFITS.
No. 46 of 1958.
An Act to amend the Defence Forces Retirement Benefits Act 1948–1957, and for purposes connected therewith.
[Assented to 29th September, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Defence Forces Retirement Benefits Act 1958.
(2.) The Defence Forces Retirement Benefits Act 1948–1957 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence Forces Retirement Benefits Act 1948–1958.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Calculation of contributions by Commonwealth.
3. Section thirty-two of the Principal Act is amended by inserting in sub-section (3.), after the words “Defence Forces Retirement Benefits Act 1957”; the words “and the Defence Forces Retirement Benefits Act 1958”.
Pension on death of married member.
4. Section fifty-five of the Principal Act is amended by omitting from sub-section (2.) the words “Twenty-six pounds” and inserting in their stead the words “One hundred and four pounds”.
Pension on death of pensioner.
5. Section fifty-seven of the Principal Act is amended by omitting from sub-section (4.) the words “Twenty-six pounds” and inserting in their stead the words “One hundred and four pounds”.
Pensions payable in respect of orphans.
6. Section fifty-eight of the Principal Act is amended by omitting from sub-section (1.) the words “Seventy-eight pounds” and inserting in their stead the words “One hundred and fifty-six pounds”.
Children’s pensions payable to guardian.
7. Section sixty-four of the Principal Act is amended by omitting from sub-section (1.) the words “Seventy-eight pounds” and inserting in their stead the words “One hundred and fifty-six pounds”.
Payment of pension.
8. Pensions are payable at the rates prescribed by the Principal Act as amended by this Act as from the first fortnightly payment of pensions made after the day on which this Act receives the Royal Assent.
Overview
The Defence Forces Retirement Benefits Act 1958 was enacted to amend the Defence Forces Retirement Benefits Act 1948–1957, addressing issues related to the retirement benefits of members of the Australian Defence Forces. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on the day it received Royal Assent, which was 29th September 1958. The primary objective of the Act is to update and improve the retirement benefits provided to defence force members, their spouses, and dependents, by adjusting the monetary values of pensions payable in various circumstances, such as the death of a member or pensioner, and the provision of pensions to orphans and children under guardianship.
Scope and Application
The Defence Forces Retirement Benefits Act 1958 amends the Defence Forces Retirement Benefits Act 1948–1957, extending its provisions to incorporate the changes set out within the 1958 Act. This legislation applies to members of the Australian Defence Force, including the Army, Navy, and Air Force, as well as their dependants, by providing for the calculation of contributions by the Commonwealth and the payment of pensions under specific conditions. The Act’s jurisdiction covers the Commonwealth of Australia and applies to all members of the Defence Forces, whether currently serving or retired, as well as their eligible dependants. The Act does not specify exclusions or thresholds explicitly but focuses on amending the Principal Act to adjust financial provisions such as pension amounts. The application and interpretation of this Act may be further defined through subordinate instruments, allowing for detailed regulations that specify the operational aspects of pension calculations and payments.
Key Provisions
The Defence Forces Retirement Benefits Act 1958 makes several amendments to the Defence Forces Retirement Benefits Act 1948–1957, which is referred to as the Principal Act. These amendments include changes to the calculation of contributions by the Commonwealth (section 3), adjustments to the pension amounts payable on the death of a married member (section 4), on the death of a pensioner (section 5), pensions payable in respect of orphans (section 6), and children’s pensions payable to a guardian (section 7).
Under this Act, the Commonwealth is required to calculate contributions as per the updated provisions in section 3, and pension payments are to be made in accordance with the revised rates outlined in sections 4, 5, 6, and 7. The pensions are payable from the first fortnightly payment after the Act receives Royal Assent, as stipulated in section 8.
The Act imposes obligations on the Commonwealth to ensure that the revised pension rates are adhered to and that payments are made in a timely manner. It also mandates the inclusion of the Defence Forces Retirement Benefits Act 1958 in the calculation of contributions, as specified in section 3.
Failure to comply with the provisions of this Act can result in civil consequences, as the Commonwealth is legally bound to make pension payments at the prescribed rates. Although the Act does not explicitly mention criminal penalties, breaches of the Act could potentially lead to legal action for non-compliance. The maximum penalties for such breaches are not explicitly stated in the provided text, but they could include fines or other civil remedies as determined by applicable law.