STATUTORY RULES.
1964. No. 79.
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT
BENEFITS ACT 1948-1963.*
WHEREAS by sub-section (1.) of section eighty-eight of the Defence Forces Retirement Benefits Act 1948-1963 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 four 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 of the rank of Rear-Admiral, Major-General or Air Vice-Marshal has been increased on and from the twenty-third day of December, 1963:
Now therefore I, the Administrator of the Government of 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 1948-1963 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act.
Dated this nineteenth day of June, 1964.
E. W. WOODWARD
Administrator.
By His Excellency’s Command,
Treasurer.
Amendments of the Defence Forces Retirement benefits (daily Rates of Pay) Regulations.†
Maximum daily rates of active pay of certain members.
1. Regulation 3 of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting sub-paragraph (iii) of paragraph (a) and inserting in its stead the following sub-paragraph:—
“(iii) Air Cadet or Aircrew Trainee in the Permanent Air Force;”.
Schedule.
2.—(1.) Item 4 in the Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting the figures “13 3 6” and inserting in their stead the figures “14 2 5”.
* Notified in the Commonwealth Gazette on 2nd July, 1964.
† Statutory Rules 1963, No. 37 as amended by Statutory Rules 1963, Nos. 87 and 93.
4716/64.—Price 6d. 9/10.6.1964.
(2.) Item 42 in the Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting the figures “4 1 11” and inserting in their stead the figures “4 2 0”.
Application.
3. Sub-regulation (1.) of the last preceding regulation has effect, and shall be deemed to have taken effect, from and including the twenty-third day of December, 1963.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1964 No. 79, titled "Regulations Under the Defence Forces Retirement Benefits Act 1948-1963," was enacted to amend the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations. This legislative instrument was introduced to address the need to adjust the daily rates of pay for certain members of the defence forces following an increase in their pay, effective from December 23, 1963. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and they were designed to update the daily rates of pay for members of the rank of Rear-Admiral, Major-General, or Air Vice-Marshal in line with the changes in their remuneration. The policy objective was to ensure that the retirement benefits for these members accurately reflected their current pay levels.
Scope and Application
The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1964, made under the Defence Forces Retirement Benefits Act 1948-1963, apply to members of the Australian Defence Force who fall under specific ranks, particularly those whose pay has been increased from the 23rd of December, 1963. These regulations are concerned with defining and adjusting the daily rates of pay for members, which is essential for determining their retirement benefits. The scope of the regulations is primarily focused on the financial aspects of retirement benefits for eligible members, ensuring that their pay adjustments are accurately reflected in the benefit calculations. The regulations are applicable across the Commonwealth of Australia and are administered by the Commonwealth Government. Notably, these regulations do not cover all members of the Defence Force but are specifically targeted at those whose pay structures have been altered as of the specified date. The adjustments are meant to take effect from the date of the pay change, ensuring that the benefits align with the updated pay rates.
Key Provisions
The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1964 (No. 79) primarily focus on amending the daily rates of pay for certain members of the Defence Forces. Regulation 3 of these Regulations modifies the definition of "daily rate of pay" for Air Cadets or Aircrew Trainees in the Permanent Air Force, as stated in the Schedule (Regulation 2(1)). Additionally, the Regulations adjust the daily rates of pay for specific members, altering the figures in the Schedule from "13 3 6" to "14 2 5" (Regulation 2(1)), and from "4 1 11" to "4 2 0" (Regulation 2(2)). These amendments ensure that the daily rates of pay are updated to reflect the changes that took effect from the twenty-third day of December 1963 (Regulation 3).
The obligations imposed by these Regulations are centred on the accurate calculation and application of the daily rates of pay for the specified members of the Defence Forces. The Regulations require that the new daily rates be used in all calculations and payments from the effective date of December 23, 1963. This includes ensuring that any financial records, benefits, and entitlements are recalculated and adjusted to reflect the new rates. These obligations are critical to maintaining the accuracy and fairness of the financial support provided to Defence Force members.
Failure to comply with the provisions of these Regulations could result in incorrect payments being made to Defence Force members, leading to financial discrepancies and potential legal repercussions. While the Regulations themselves do not explicitly state specific offences or penalties for non-compliance, any breaches of the Defence Forces Retirement Benefits Act 1948-1963 could lead to legal action, including fines or other penalties as prescribed by the Act. The precise consequences would depend on the nature and severity of the breach, but it is clear that adherence to the Regulations is essential to avoid any adverse outcomes.