STATUTORY RULES
1972 No. 34
REGULATION UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Forces Retirement Benefits Act 1948-1971.
Dated this ninth day of March, 1972.
Governor-General.
By His Excellency’s Command,
B. M. SNEDDEN
Treasurer.
Amendments of the Defence Forces Retirement Benefits Regulations†
Prescribed number applicable to contributor
Regulation 8C of the Defence Forces Retirement Benefits Regulations is amended—
(a) by omitting from sub-regulation (3.) the words “or cease to be members on or after the first day of January, 1971” and inserting in their stead the words “to be members on or after the first day of January, 1971, and before the twenty-seventh day of August, 1971”; and
(b) by adding at the end thereof the following sub-regulations:—
“(4.) For the purposes of sub-section (2.) of section 58a of the Act—
(a) the number twenty-two is specified as the number applicable to male members; and
(b) the number nineteen is specified as the number applicable to female members,
who ceased to be members on or after the twenty-seventh day of August, 1971, and before the first day of January, 1972.
“(5.) For the purposes of sub-section (2.) of section 58a of the Act, the number twenty-two is specified as the number applicable to male or female members who ceased or cease to be members on or after the first day of January, 1972.”.
* Notified in the Commonwealth Gazette on 1972.
† 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; 1968, No. 80; 1969, Nos. 8, 48 and 130; 1970, Nos. 55 and 161; and 1971, Nos. 66, 71, 74 and 127.
Printed by Authority by the Government Printer of the Commonwealth of Australia
10185/72—Price 5c 10/1.2.1972
Overview
The Defence Forces Retirement Benefits Regulations 1972 were enacted to amend the Defence Forces Retirement Benefits Regulations under the Defence Forces Retirement Benefits Act 1948-1971. These regulations were introduced by the Parliament of Australia to address the need for updating the prescribed numbers relevant to the calculation of retirement benefits for members of the Defence Forces who ceased to be members within specific timeframes. The objective was to ensure that the regulations reflect the most current requirements and provide clarity for those affected by these changes. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, thereby formalising the amendments to the existing legislative framework.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1972, made under the Defence Forces Retirement Benefits Act 1948-1971, applies to members of the Defence Force who ceased to be members on or after the first day of January, 1971, and before the first day of January, 1972. These regulations specify the prescribed number applicable to the contributor for the purpose of calculating retirement benefits, with distinct numbers designated for male and female members based on their cessation dates. The Regulations are applicable across the Commonwealth of Australia, and they aim to ensure that retirement benefits are calculated accurately and fairly for Defence Force members who meet the specified criteria. The application of these Regulations may be further extended or restricted through subordinate instruments, as authorised by the Defence Forces Retirement Benefits Act.
Key Provisions
The key operative sections of the Defence Forces Retirement Benefits Regulations, as amended, pertain to the prescribed number of years of service required for the calculation of retirement benefits under section 58a of the Defence Forces Retirement Benefits Act 1948-1971. Regulation 8C has been specifically amended to adjust the number of years applicable to different categories of service members, as referenced in sub-regulations (4) and (5). These changes detail the applicable number of years for male and female members who ceased to be members within specific time frames. For instance, sub-regulation (4) specifies twenty-two years for male members and nineteen years for female members who ceased to be members between 27 August 1971 and 1 January 1972, while sub-regulation (5) specifies twenty-two years for members who ceased to be members on or after 1 January 1972.
The obligations imposed by these regulations on the parties and entities governed by the Defence Forces Retirement Benefits Act include precise calculations of retirement benefits based on the revised number of years specified in the amended regulations. Service members, and potentially their employers or administrators of the retirement benefits, must ensure that the correct number of years is applied according to the stipulated sub-regulations. This requirement ensures that the benefits are fairly and accurately calculated in accordance with the updated legislative framework.
In terms of offences and penalties for breaches of these regulations, the statutory instrument does not explicitly state the penalties for non-compliance. However, breaches of regulations made under the Defence Forces Retirement Benefits Act could potentially lead to civil or administrative consequences. These could include the need to recalculate and potentially repay or adjust retirement benefits, as well as any associated interest or penalties for delayed payments. The exact penalties would depend on the nature and severity of the breach, and could be enforced through the relevant administrative or judicial processes available under Australian law.