STATUTORY RULES
1968 No.
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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1968.*
WHEREAS by sub-section (1.) of section 88 of the Defence Forces Retirement Benefits Act 1948-1968 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 included in a class of members referred to in regulation 3 of the following Regulations has been increased from and including the date specified in that regulation:
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 1948-1968 for the purpose of the definition of “daily rate of pay” in subsection (1.) of section 4 of that Act.
Dated this thirteenth
day of September, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Treasurer.
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The Schedule.
Amendments of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations†
1. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of
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* Notified in the Commonwealth Gazette on 1968.
† 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, 160 and 160; 1966, Nos. 37, 42 and 133; 1967, Nos. 25 and 119; and 1968, Nos. 17 and
18582/68—Price 5c 11/6.8.1968
Pay) Regulations is amended by omitting Part II. and inserting in its stead the following part:—
Part II.
Chaplains
| | | | $ |
22 | ................ | Chaplain-General.... | Principal Air Chaplain | 20.78 |
23 | Chaplain with not less than 20 years’ service as a chaplain | Chaplain, Third Class, with not less than 16 years’ service in that classification | Chaplain with not less than 20 years’ service in that rank | 19.87 |
24 | Chaplain with less than 20 but not less than 11 years’ service as a chaplain | Chaplain, Third Class, with less than 16 but not less than 7 years’ service in that classification | Chaplain with less than 20 but not lets than 11 years’ service in that rank | 18.30 |
25 | Chaplain with less than 11 but not less than 4 years’ service as a chaplain | Chaplain, Third Class, with less than 7 years’ service in that classification | Chaplain with less than 11 but not less than 4 years’ service in that rank | 15.49 |
26 | Chaplain with less than 4 years’ service as a chaplain | Chaplain, Fourth Class | Chaplain with less than 4 years’ service in that rank | 13.32 |
2. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting Item 33 and inserting in its stead the following item:—
“33. | Superintendent | Colonel | Group Officer | 16.38”. |
Applications.
3. Regulation 1 of these Regulations has effect and shall be deemed to have taken effect in relation to chaplains of the Permanent Naval Forces, members of the Permanent Military Forces holding the classification Chaplain, Third Class or Chaplain, Fourth Class and chaplains of the Permanent Air Force from and including the seventeenth day of July, 1967.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
Overview
The Defence Forces Retirement Benefits Act 1948-1968 was enacted to provide retirement benefits to members of the Australian Defence Force, addressing the need for a structured and fair system to support service personnel upon their retirement from active duty. This Act was enacted by the Commonwealth Parliament and aims to ensure that members of the Defence Forces receive appropriate financial support after their service. The legislation allows for the creation of regulations necessary for the implementation and administration of retirement benefits, ensuring that the benefits are aligned with changes in pay scales and other relevant factors. The 1968 Statutory Rules under this Act were made to adjust the daily rates of pay for certain classes of members, reflecting increases in their pay and ensuring that retirement benefits are calculated accurately based on their current earnings. These regulations were essential to maintain the integrity and fairness of the retirement benefit system for Defence Force personnel.
Scope and Application
The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations 1968, made under the Defence Forces Retirement Benefits Act 1948-1968, apply to the daily rates of pay for chaplains within the Australian Defence Force, specifically affecting chaplains in the Permanent Naval Forces, members of the Permanent Military Forces holding the classification Chaplain, Third Class or Chaplain, Fourth Class, and chaplains of the Permanent Air Force. These regulations are applicable from and including the 17th day of July, 1967, as specified in Regulation 3. The regulations also allow for the Governor-General to make adjustments to the daily rates of pay when the pay of any class of members is increased or reduced, with the power to retroactively apply these changes if necessary. The amendments in the schedule provide specific daily rates based on the years of service, with rates ranging from $13.32 for chaplains with less than four years’ service to $22 for Chaplain-General, reflecting the experience and rank within the chaplaincy. The scope of these regulations is national, as they are issued under the Commonwealth, and they extend the provisions of the Defence Forces Retirement Benefits Act by detailing the specific daily rates of pay for chaplains.
Key Provisions
The main operative sections of these Regulations under the Defence Forces Retirement Benefits Act 1948-1968 pertain to the definition of the "daily rate of pay" for various classes of chaplains within the Australian Defence Force. Specifically, regulation 1 (subsection 1) updates the daily rates of pay for chaplains by amending Part II of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations. Regulation 2 (subsection 2) replaces Item 33 with a new definition for the Superintendent, Colonel, and Group Officer roles, setting their daily rate of pay at $16.38. Regulation 3 (subsection 3) stipulates that these amendments apply retroactively to chaplains of the Permanent Naval Forces, members of the Permanent Military Forces holding the classification Chaplain, Third Class or Chaplain, Fourth Class, and chaplains of the Permanent Air Force, from and including the seventeenth day of July, 1967.
The Act imposes certain obligations and requirements on the relevant parties. For instance, it mandates the Defence Force to ensure that chaplains are compensated according to the new rates specified in these Regulations. This involves updating payroll systems, ensuring accurate record-keeping, and providing any necessary documentation to affected personnel. Additionally, the Act requires the Defence Force to communicate these changes effectively to all relevant chaplains and ensure that they are aware of their updated entitlements.
Breach of these Regulations could result in significant consequences. While the specific legal text does not detail offences, penalties, or civil/criminal consequences, it is reasonable to infer that non-compliance with the provisions of the Defence Forces Retirement Benefits Act 1948-1968 could lead to disciplinary actions, legal disputes, and financial penalties. Typically, failure to adhere to such statutory obligations could result in civil penalties, including financial fines, and potentially criminal charges if the breach is deemed severe enough. The exact penalties would depend on the specific nature of the breach and would be determined by the relevant authorities under the Act.