STATUTORY RULES
1969 No.
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REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT
BENEFITS ACT 1943-1969.*
WHEREAS by sub-section (1.) of section S3 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 twenty-second day of September, 1969:
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 twenty-seventhday of December, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
LESLIE BURY
Treasurer.
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Amendments of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations†
The Schedule.
1.—(1.) The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 3 and 4 and inserting in their stead the following items:—
“3 | Rear-Admiral........ | Major-General.... | Air Vice-Marshal... | 41.15 |
4 | Captain (Special Rate) | Brigadier....... | Air Commodore.... | 34.68”. |
* Notified in the Commonwealth Gazette on 1969.
† Statutory Rules 1963, No. 37, as amended by Statutory Rules 1963, Nos. 87 and 93; 1964, Nos. 119, 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, Nos. 9, 47, 129 and 149.
26061/69—Price 5c 10/9.12.1969
(2.) The Schedule to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is amended by omitting items 28 and 29 and inserting in their stead the following items:—
“28 | Rear-Admiral....... | Major-General.... | Air Vice-Marshal... | 41.15 |
29 | Surgeon Commodore…… | Brigadier....... | Air Commodore.... | 37.91”. |
Application.
2. Regulation 1 of these Regulations has effect and shall be deemed to have taken effect from and including the twenty-second day of September, 1969.
Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra
Overview
The Statutory Rules 1969 No. 21, titled Regulations under the Defence Forces Retirement Benefits Act 1948-1969, were enacted to address the need for adjustments to daily rates of pay for members of the Defence Forces. These regulations were necessary following a pay increase for certain classes of Defence Force members that took effect on 22 September 1969. The Defence Forces Retirement Benefits Act 1948-1969 empowers the Governor-General to make regulations that are required or permitted by the Act, or necessary or convenient for its implementation. In this case, the regulations were made to ensure that the definition of "daily rate of pay" in the Act aligns with the new pay rates. The policy objective is to provide a clear and updated framework for calculating retirement benefits based on the current pay scales of Defence Force members.
Scope and Application
The Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, made under the Defence Forces Retirement Benefits Act 1948-1969, apply to the daily rates of pay for members of the defence forces, specifically rear-admirals, major-generals, air vice-marshals, captains (special rate), brigadiers, and air commodores. These regulations were enacted to adjust the daily rates of pay following an increase in the pay of the specified classes of defence force members, effective from September 22, 1969. The regulations establish the new daily rates of pay for these ranks, ensuring that the benefits provided under the Act are aligned with the updated remuneration. These regulations have a Commonwealth reach, governing the remuneration and retirement benefits of defence force members across Australia, and are subject to modifications through subordinate instruments as necessary to keep pace with changes in pay scales.
Key Provisions
The Defence Forces Retirement Benefits Regulations 1969 (C1969L00216) contain amendments to the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations, specifically altering the daily rates of pay for certain ranks within the Defence Forces. These amendments are detailed in the Schedule to the Regulations, where items 3 and 4, as well as items 28 and 29, have been updated to reflect the new pay rates effective from 22 September 1969. The changes include the daily rate for a Rear-Admiral, Major-General, and Air Vice-Marshal, which is now set at $41.15, and for a Captain (Special Rate), Brigadier, and Air Commodore, which is now set at $34.68. Similarly, the rate for a Surgeon Commodore, Brigadier, and Air Commodore has been updated to $37.91. These new rates are intended to align with the increased pay for the relevant ranks, as provided for under the Defence Forces Retirement Benefits Act 1948-1969.
Under these Regulations, the parties governed, primarily the Defence Force members and the Defence Force Retirement Benefits Administration, are required to adhere to the new daily rates of pay as outlined in the amended Schedule. This means that any calculations related to retirement benefits, lump sum payments, or other benefits payable to Defence Force members must now incorporate these updated daily rates. The Defence Force Retirement Benefits Administration is also responsible for ensuring that the necessary administrative updates are made to their systems and processes to reflect these changes.
Failure to comply with the new daily rates of pay as stipulated in these Regulations could result in various consequences. While the Regulations do not explicitly outline specific offences or penalties for non-compliance, breaches of the Defence Forces Retirement Benefits Act 1948-1969, under which these Regulations are made, could lead to civil or criminal liabilities. For instance, if incorrect rates are applied in the calculation of benefits, it could result in overpayment or underpayment of entitlements, potentially leading to financial penalties or legal action to recover or repay the incorrect amounts. Additionally, non-compliance could result in administrative sanctions, such as fines or other disciplinary measures against the responsible officials or entities.