STATUTORY RULES.
1965. No. 20.
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 holding a rank and appointment set out in an item inserted in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations by regulation 1 of the following Regulations has been increased on and from the first day of November, 1964:
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 1948-1963 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act.
Dated this 15th
day of February , 1965.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendments of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations.†
The Schedule
1. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 1 and 2 and inserting in their stead the following items:—
“1 | Vice-Admiral (Chairman, Chiefs of Staff Committee) | Lieutenant-General (Chairmen, Chiefs of Staff Committee) | Air Marshal (Chairman, Chiefs of Stair Committee) | 21 18 5 |
2. | Vice-Admiral (The First Naval Member of the Naval Board) | Lieutenant-General (Chief of the General Staff) | Air Marshal (Chief of the Air Staff) | 21 4 8”. |
* Notified in the Commonwealth Gazette on 25 February , 1963.
† Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; and 1964. Nos. 97, 113 and 163.
16070/64.—Price 6d. 10/31.12.1964.
The Schedule.
2. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting item 3.
Application.
3. Regulation 1 of these Regulations has effect, and shall be deemed to have taken effect, from and including the first day of November, 1964.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1965, No. 20, published under the Defence Forces Retirement Benefits Act 1948-1963, was enacted to address the need for updating the daily rates of pay for members of the defence forces, ensuring that these rates are aligned with any increases or reductions in their pay. The regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The objective of these regulations is to accurately define the "daily rate of pay" as it pertains to members of the defence forces, which is critical for determining their retirement benefits. The policy objective behind these amendments is to ensure that the benefits provided to defence force members remain fair and reflective of their current remuneration.
Scope and Application
The Regulations under the Defence Forces Retirement Benefits Act 1948-1963 apply to members of the Australian Defence Forces, specifically those holding ranks outlined in the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations. These regulations concern the daily rates of pay for members of the Defence Forces and are designed to adjust the rates of pay in line with any increases or reductions that occur. The reach of these regulations is Commonwealth-wide, as they are enacted under federal authority. The regulations detail amendments to the daily rates of pay for certain ranks, effective from the first day of November 1964, and are made to ensure that the definitions and rates of pay are updated accordingly. The regulations are not inconsistent with the overarching Defence Forces Retirement Benefits Act and are necessary for its effective implementation.
Key Provisions
The primary sections of this legislative instrument (sections 1 and 3) provide the mechanism for amending the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations to reflect pay changes for certain ranks within the defence forces. Section 1 of the Schedule details the new daily rates of pay for Vice-Admirals, Lieutenant-Generals, and Air Marshals, while section 3 specifies that these changes took effect from the first day of November, 1964. This means that from that date, the new pay rates listed in the Schedule apply to the specified ranks, thereby updating the existing regulations to align with the most recent changes in rank-specific remuneration.
These Regulations impose obligations on the parties involved, most notably the Defence Force personnel holding the specified ranks. It is their responsibility to ensure that they are aware of and understand the new pay rates as outlined in the amended Schedule. Additionally, the regulations require that any payments or benefits calculated under the Defence Forces Retirement Benefits Act 1948-1963 must now factor in the updated daily rates of pay, as stipulated in the Schedule. This ensures that all remuneration and benefits are accurately calculated and disbursed in accordance with the latest regulatory amendments.
Failure to comply with these Regulations could result in legal repercussions for both the Defence Force personnel and the authorities responsible for disbursing benefits. If the updated pay rates are not correctly applied, it could lead to financial discrepancies and potential disputes over entitlements. Furthermore, the Regulations explicitly state that the amendments should be deemed to have taken effect from the date specified, meaning any actions or decisions based on the previous pay rates after this date could be considered non-compliant. Consequently, any breaches could result in the need for corrective actions, financial audits, or even legal challenges to ensure compliance with the legislative requirements.