STATUTORY RULES.
1963. No. 93.
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1962.*
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 1948-1962.
Dated this twenty-sixth day of September, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Sgd. HAROLD HOLT
Treasurer.
AMENDMENT OF THE DEFENCE FORCES RETIREMENT BENEFITS (DAILY RATES OF PAY) REGULATIONS. †
Commencement.
1. These Regulations shall come into operation on the fourth day of October, 1963.
The Schedule.
2. The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting from Part IV. items 52 to 66 (inclusive), and the headings immediately preceding items 52 and 58, respectively, and inserting in their stead the following headings and items:—
“Artisans— | | | | | |
52. Chief Artisan | .......... | .......... | 4 | 0 | 11 |
53. Artisan, First Class | .......... | .......... | 3 | 14 | 1 |
54. Artisan, Second Class | .......... | .......... | 3 | 0 | 8 |
55. Artisan, Third Class | .......... | .......... | 2 | 14 | 8 |
Artificers and Mechanicians— | .......... | .......... | | | |
56. Chief Artificer | .......... | .......... | 4 | 5 | 5 |
57. Chief Mechanician | .......... | .......... | 4 | 5 | 5 |
58. Artificer, First Class | .......... | .......... | 3 | 19 | 7 |
59. Mechanician, First Class | .......... | .......... | 3 | 19 | 7 |
60. Artificer, Second Class | .......... | .......... | 3 | 7 | 1 |
61. Mechanician, Second Class | .......... | .......... | 3 | 12 | 3 |
62. Artificer, Third Class | .......... | .......... | 2 | 17 | 8”. |
* Notified in the Commonwealth Gazette on 3rd October, 1963.
† Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, No.87
Overview
The Statutory Rules of 1963, Number 93, under the Defence Forces Retirement Benefits Act 1948-1962, were enacted to address the need for updating the daily rates of pay for certain defence force personnel. This legislative instrument was issued by the Governor-General, acting with the advice of the Federal Executive Council, and came into operation on the 4th of October, 1963. The regulations specifically amend the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, replacing certain items and headings in Part IV of the Schedule to reflect the current remuneration for artisans, artificers, and mechanicians within the defence forces. The policy objective behind these amendments is to ensure that the retirement benefits are reflective of the current market rates and the contributions made by these personnel during their service.
Scope and Application
The Defence Forces Retirement Benefits Regulations, enacted under the Defence Forces Retirement Benefits Act 1948-1962, apply specifically to the members of the Australian Defence Force who are retiring from their service. These regulations pertain to the financial benefits and entitlements that are due to these retiring members, focusing particularly on the daily rates of pay that are to be provided. The regulations were amended to update the daily rates for various ranks within the force, such as artisans and artificers, reflecting changes necessary to maintain the value of these benefits over time. The regulations have a national reach, applying across the Commonwealth of Australia, ensuring a uniform standard of retirement benefits for all eligible members regardless of where they are located within the country. The regulations do not explicitly mention any exclusions or exemptions, but it is implicit that they apply only to those who meet the eligibility criteria for retirement benefits as defined by the Defence Forces Retirement Benefits Act. The regulations themselves may be further refined or extended through additional subordinate instruments, as deemed necessary by the relevant authorities.
Key Provisions
The main operative sections of these Regulations (sections 1 and 2) establish the amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, effective from 4 October 1963. The Schedule replaces certain items with updated rates of pay for various ranks within the Defence Forces. Specifically, it amends Part IV by removing items 52 to 66 and their headings, inserting new headings and updated rates for artisans and artificers/mechanicians. For instance, the daily rate for a Chief Artisan is set at 401 shillings and 15 pence, while for a Chief Artificer, it is 45 pounds, 5 shillings.
These Regulations impose specific obligations on the Defence Department to ensure that the updated rates of pay are correctly implemented and reflected in the compensation of eligible personnel. The amendments mandate that the new daily rates for artisans, artificers, and mechanicians are to be applied uniformly across the Defence Forces. This requirement ensures that all affected personnel receive the correct compensation in accordance with their rank and role, as specified in the amended Schedule.
Failure to comply with these Regulations could result in legal consequences for the Defence Department, including potential civil liabilities for underpayment or overpayment of benefits. Although the Regulations do not explicitly state penalties, the Defence Forces Retirement Benefits Act 1948-1962 provides a framework under which such breaches could be addressed. This may include judicial review or claims for compensation by affected personnel.
Additionally, while the Regulations themselves do not explicitly outline criminal penalties, breaches of the Defence Forces Retirement Benefits Act 1948-1962 could lead to criminal charges under the Act. The maximum penalties for offences under this Act could include substantial fines and imprisonment, reflecting the seriousness of non-compliance with Defence Forces retirement benefits provisions. The precise penalties would depend on the nature and severity of the breach, as outlined in the primary Act.