STATUTORY RULES
1969 No.
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948–1968.*
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.
Dated this fifteenth day of August, 1969.
By His Excellency’s Command,
Treasurer.
Amendments 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 Regulation 7a of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—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 or section 4a.
“ 7a. The amount specified for the purposes of section 4a of the Act is Seven thousand two hundred and eighty dollars.”.
Prescribed corps and services.
2. Regulation 10a of the Defence Forces Retirement Benefits Regulations is amended by adding at the end thereof the following sub-regulation:—
“ (2.) For the purpose of paragraph (b) of the definition of ‘ special duties officer ’ in sub-section (3.) of section 30 of the Act, the Administrative and Technical Officers List of a Corps is a prescribed Service.”.
Third Schedule.
3. The Third Schedule to the Defence Forces Retirement Benefits Regulations is amended by inserting after the words—
“ Special List for the Royal Corps of Australian Electrical and Mechanical Engineers | Major................ | 53 years |
Captain............... | 53 years |
Lieutenant............. | 13 year ” |
the words—
“ Administrative and Technical Officers List of a Corps | Lieutenant-Colonel....... | 55 years |
Major................ | 55 years |
Captain............... | 55 years |
Lieutenant............. | 55 years ”. |
Application.
4. The regulation inserted in the Defence Forces Retirement Benefits Regulations by regulation 1 of these Regulations has effect, and shall be deemed to have taken effect, from and including the fourth day of July, 1969.
* 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; 964, 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
20058/69—Price 5c 11/8.8.1969
Overview
The Defence Forces Retirement Benefits Act 1948–1968 was enacted to provide retirement benefits for members of the Australian Defence Force. The Act was amended through Statutory Rules 1969 No. 1518, issued by the Governor-General in Council, to include specific regulations that enhance the benefits provided to certain members of the Defence Force. These regulations include the repeal and replacement of certain sections to adjust the retirement benefits and the inclusion of additional prescribed services and corps. The objective of these amendments is to ensure that the retirement benefits are accurately aligned with the service requirements and to provide clarity and fairness in the administration of retirement benefits for Defence Force personnel. The regulations aim to address any gaps in the original Act by providing more detailed and specific provisions that cater to the evolving needs of the Defence Force members.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1969, made under the Defence Forces Retirement Benefits Act 1948–1968, pertain to the regulation of retirement benefits for members of the Australian Defence Force. These regulations govern the financial entitlements of service members upon retirement, including the specific amounts and conditions applicable to their retirement benefits. The application of these regulations extends to all members of the Defence Force who are eligible for retirement benefits under the Act. The regulations cover the entire Commonwealth of Australia and are applicable to both current and former service members of the Defence Force. Notably, the regulations were amended to include the Administrative and Technical Officers List of a Corps as a prescribed service, thereby expanding the scope of those eligible for certain benefits. The regulations also adjust the retirement ages for certain ranks within this list. While the primary application of these regulations is to the Defence Force, the specific provisions detailed within the regulations, such as the financial amounts specified for particular benefits, may be further elaborated or restricted by subordinate instruments as necessary.
Key Provisions
The key operative sections of the Statutory Rules 1969 No. 1518 amend the Defence Forces Retirement Benefits Regulations by inserting a new regulation 7a (1), which specifies an amount for the purposes of section 4a of the Defence Forces Retirement Benefits Act 1948–1968. This amount is set at seven thousand two hundred and eighty dollars. Additionally, regulation 10a (2) is amended to include the Administrative and Technical Officers List of a Corps as a prescribed service for the purposes of paragraph (b) of the definition of ‘special duties officer’ in subsection (3) of section 30 of the Act. The Third Schedule is also amended to include retirement ages for various ranks within the Administrative and Technical Officers List of a Corps.
These regulations impose specific obligations on the parties governed by them. They define the amount that should be considered for certain benefits under the Act and clarify which services are eligible for special duties officer status. The inclusion of the Administrative and Technical Officers List in the prescribed services means that members of this list can now be considered for these duties, thereby altering their entitlements and obligations under the Act.
The regulations do not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with these regulations could potentially lead to disputes over the correct application of benefits or eligibility for special duties, which might need to be resolved through administrative or legal processes. The maximum penalties for such breaches would likely be determined by the Defence Forces Retirement Benefits Act 1948–1968 or other relevant legislation, and could include fines or other sanctions as provided by law.