STATUTORY RULES
1969 No. 149
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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1969.*
WHEREAS by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1969 it is provided that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act:
AND WHEREAS by sub-section (2.) of that section it is provided that, where the pay of any class of members is increased or reduced, regulations for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section 4 of that Act in relation to members included within that class made after the date on and from which the increase or reduction took effect may be expressed to have taken effect from and including that date:
AND WHEREAS the pay of members the descriptions applicable to whom are referred to in the items inserted in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by regulation 1 of these Regulations has been increased on and from the first day of December, 1968:
NOW THEREFORE I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1969 for the purpose of the definition of “daily rate of pay” in subsection (1.) of section 4 of that Act.
Dated this twelfth day of September, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Treasurer.
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Amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations†
The Schedule-Naval Dockyard Police.
1. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 100, 101 and 102 and inserting in their stead the following items:—
“100 | Sergeant, First Class, Naval Dockyard Police.................. | ................................................ | ....... | 11.39 |
101 | Sergeant, Second Class, Naval Dockyard Police................ | ................................................ | ....... | 11.04 |
102 | Constable, Naval Dockyard Police......................... | ................................................ | ....... | 10.30”. |
Application.
2. Regulation 1 of these Regulations has effect and shall be deemed to have taken effect from and including the first day of December, 1968.
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* Notified in the Commonwealth Gazette on 18 September 1969.
† Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; 1964, Nos. 79, 113 and 163; 1965, Nos. 20, 38, 130 and 160; 1966, Nos. 37, 42 and 133; 1967, Nos. 25 and 119; 1968, Nos. 17, 81, 94, 105 and 163; and 1969, No. 9.
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Printed for the Government of the Commonwealth by W, G. Murray at the
Government Printing Office, Canberra
19205/69—Price 5c 11/8.9.1969
Overview
The Defence Forces Retirement Benefits Act 1948-1969 provides a framework for the administration of retirement benefits for members of the Australian Defence Force. This Act was enacted to ensure that service personnel receive appropriate retirement benefits, addressing the need for a structured system to support those who have served in the defence forces. The problem it aimed to address was the lack of a comprehensive legal mechanism to manage and provide for the retirement benefits of defence personnel. Enacted by the Australian Parliament, the policy objective of the Act is to ensure that members of the defence forces are provided with adequate retirement benefits, reflecting their service and contributions. In 1969, regulations were introduced under this Act to update the daily rates of pay for certain members of the Naval Dockyard Police, ensuring that their pay adjustments were reflected in their retirement benefits calculations.
Scope and Application
The Statutory Rules 1969 No. 149, made under the Defence Forces Retirement Benefits Act 1948-1969, pertain specifically to the regulation of daily rates of pay for certain members of the Defence Forces. These Regulations apply to the members of the Naval Dockyard Police whose pay has been increased as of the first day of December, 1968. The Regulations, which amend the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, adjust the pay rates for Sergeants, First Class, Sergeants, Second Class, and Constables within the Naval Dockyard Police. Regulation 1 of these Regulations is deemed to have taken effect from and including the first day of December, 1968. The scope of these Regulations is confined to the adjustment of pay rates for specific classes of Defence Forces personnel and do not extend to other Defence Forces members unless similarly affected by subsequent amendments or regulations. These Regulations are made under the authority provided by the Defence Forces Retirement Benefits Act 1948-1969 and do not extend beyond the adjustments specified for the Naval Dockyard Police members.
Key Provisions
The Regulations under the Defence Forces Retirement Benefits Act 1948-1969, specifically the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, are primarily concerned with the adjustment of daily rates of pay for certain members of the defence force, effective from 1 December 1968. Regulation 1 (Section 2) provides that the amendment of the daily rates of pay for specified classes of Naval Dockyard Police takes effect from this date. The Schedule to the Regulations (Section 1) amends the existing items 100, 101, and 102, replacing them with new figures for the daily rates of pay for Sergeants, First Class (item 100), Sergeants, Second Class (item 101), and Constables (item 102) within the Naval Dockyard Police.
These Regulations impose clear obligations on the relevant authorities to implement the updated daily rates of pay as prescribed. The governing bodies must ensure that all payments are adjusted in accordance with the new rates, reflecting the amendments specified in the Schedule. This includes updating all relevant records, payroll systems, and any other documentation to reflect these changes. Failure to comply with these obligations could result in discrepancies in the payment of benefits and entitlements to the affected members.
Breach of these Regulations could lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the text provided, under general legislative principles, failure to comply with regulations made under an Act can result in administrative penalties. In severe cases, where there is evidence of intentional disregard or maladministration, criminal charges could be pursued. The exact penalties would depend on the specific nature of the breach and the jurisdiction under which the offence is prosecuted.