STATUTORY RULES
1969 No. 48
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1968.*
WHEREAS it is provided by sub-section (4.) of section 4a of the Defence Forces Retirement Benefits Act 1948-1968 that in that section “the prescribed amount” means such amount, being a multiple of One hundred and thirty dollars, as is specified in the regulations for the purposes of that section:
AND WHEREAS by sub-section (5.) of that section it is provided that in making a regulation for the purposes of sub-section (4.) of that section the Governor-General shall have regard to any general variations in the rates of annual pay of members that have occurred:
NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having regard to general variations in the rates of annual pay of members that have occurred, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1968.
Dated this twenty-seventh day of March, 1969.
CASEY
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendment of the Defence Forces Retirement Benefits Regulations†
1. Regulation 7a of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—
Amount specified for the purposes of section 4a.
“7a. The amount specified for the purposes of section 4a of the Act is Six thousand six hundred and thirty dollars.”.
Application.
2. The regulation inserted in the Defence Forces Retirement Benefits Regulations by the last preceding regulation has effect, and shall be deemed to have taken effect, from and including the twenty-fifth day of October, 1968.
* Notified in the Commonwealth Gazette on 1969.
† Statutory Rules 1949, No. 60, as amended by Statutory Rules 1950, No. 14; 1951, No. 111; 1954, Nos. 4 and 33; 1955, Nos. 14 and 45; 1956, No. 25; 1959, No. 104; 1964, Nos. 84, 114 and 162; 1965, Nos. 6, 37 and 161; 1966, Nos. 39, 97 and 134; 1967, No. 26; and 1968, No. 80.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
26736/68—Price 5c 10/18.12.68
Overview
The Defence Forces Retirement Benefits Regulations 1969 were enacted by the Governor-General in accordance with the Defence Forces Retirement Benefits Act 1948-1968, addressing the need for updated prescribed amounts for retirement benefits in response to variations in the rates of annual pay for members. The regulations were made under the authority of the Commonwealth Parliament and seek to ensure that the retirement benefits remain aligned with the current economic conditions affecting the remuneration of military personnel. This legislative instrument aimed to provide clarity and consistency in the application of retirement benefits by specifying a new amount that reflects the recent changes in pay rates. The amendments are designed to take effect from October 25, 1968, ensuring that the updated benefits are applied retroactively to the specified date.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1969, under the Defence Forces Retirement Benefits Act 1948-1968, apply to the members of the Australian Defence Force, including current and former members, and those who are eligible for retirement benefits. This legislative instrument establishes the specified amount for the purposes of section 4a of the Act, which is a multiple of One hundred and thirty dollars. The regulations are made with regard to general variations in the rates of annual pay of members and come into effect from the twenty-fifth day of October, 1968. These regulations are applicable nationally across the Commonwealth of Australia and extend to the adjustments and specifications outlined within them, with no stated exclusions or exemptions. The scope of the Act and its regulations is limited to the prescribed financial aspects of retirement benefits for members of the Defence Force.
Key Provisions
The Defence Forces Retirement Benefits Regulations 1969 (No. 48) under the Defence Forces Retirement Benefits Act 1948-1968 establish specific financial provisions for retirement benefits. Section 1 of the legislation repeals Regulation 7a and inserts a new regulation that specifies an amount for the purposes of section 4a of the Act. This amount is set at six thousand six hundred and thirty dollars, as mentioned in section 7a of the Regulations. Section 2 provides that this new regulation takes effect from and including 25 October 1968.
The Regulations impose certain obligations on the parties involved. Firstly, the Governor-General, acting with the advice of the Federal Executive Council, must consider general variations in the rates of annual pay of members when making these regulations. This ensures that the retirement benefits are adjusted in line with any changes in the pay rates of members. Additionally, the specified amount of six thousand six hundred and thirty dollars must be adhered to in accordance with section 4a of the Act, which governs the prescribed amount for retirement benefits.
Failure to comply with the provisions of the Defence Forces Retirement Benefits Act 1948-1968 and its associated regulations may result in legal consequences. The Act does not explicitly state the offences, penalties, or consequences for non-compliance. However, breaches of statutory regulations generally attract civil or criminal penalties as prescribed by the relevant legislation or common law. In some cases, the consequences may include fines, imprisonment, or other legal actions as deemed appropriate by the courts. It is essential for parties governed by these regulations to ensure adherence to avoid any potential penalties or legal repercussions.