Defence Forces Retirement Benefits Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B01515 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1968 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 nineteenth day of July, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Treasurer.

 

Amendments of the Defence Forces Retirement Benefits Regulations†

Commencement.

1. These Regulations shall come into operation on the day on which section 6 of the Defence Forces Retirement Benefits Act 1968 comes into operation.

2. After regulation 2 of the Defence Forces Retirement Benefits Regulations the following regulation is inserted:—

Short service commission.

“2a. For the purpose of the definition of ‘short service commission’ in subsection (1.) of section 4 of the Act, ‘short service commission’ means—

(a) an appointment as an officer of the Permanent Naval Forces, being an appointment that is expressed, in accordance with cither paragraph (a) or paragraph (b) of sub-section (1.) of section 9 of the Naval Defence Act 1910-1968, to be for a specified period of service in that part of the Naval Forces;

(b) an appointment as an officer of the part of the Permanent Military Forces known as the Australian Regular Army, being an appointment that is expressed, in accordance with either paragraph (a) or paragraph (b) of sub-section (1.) of section 10a of the Defence Act 1903-1966, to be for a specified period of service in that part of the Military Forces; and

(c) an appointment as an officer of the Permanent Air Force, being an appointment that is expressed to be for a specified period of service in a part of the Permanent Air Force to be followed by a specified period of service in the Air Force Reserve.”.

 

* Notified in the Commonwealth Gazette on    1968.

† 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; and 1967, No. 26

17535/68—Price 5c 10/27.6.68


Retiring ages and pensions for certain classes of members.

3. Regulation 21 of the Defence Forces Retirement Benefits Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) For the purposes of the definition of ‘retiring age for the rank held’ in sub-section (1.) of section 4 of the Act, the age for the compulsory retirement of a member is—

(a) in the case of a member who is a member of a branch or service, or a member of the Permanent Military Forces whose name is included on a list, specified in column 1 of the Third Schedule to these Regulations and who holds a rank specified or referred to opposite to that branch, service or list in column 2 of that Schedule—the age specified opposite to that rank in column 3 of that Schedule; and

(b) in the case of a member, not being a member referred to in the last preceding paragraph—the age for compulsory retirement of a member of the rank, branch and group of the member as prescribed, at the date of his retirement—

(i) in the case of the Naval Forces—under section 17 of the Naval Defence Act 1910-1968;

(ii) in the case of the Military Forces—under section 27 of the Defence Act 1903-1966; and

(iii) in the case of the Air Force—under section 9 of the Air Force Act 1923-1965.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Defence Forces Retirement Benefits Regulations 1968, made under the Defence Forces Retirement Benefits Act 1948-1968, were introduced by the Australian Parliament to provide clarity and specific guidelines regarding the retirement benefits of defence force members. The regulations were enacted to address the need for precise definitions and criteria for retirement ages and benefits, ensuring that members receive appropriate entitlements based on their service and rank. The policy objective of these regulations is to provide a structured and fair system for the retirement benefits of defence personnel, ensuring that their service is recognised and rewarded adequately.

Scope and Application

The Defence Forces Retirement Benefits Regulations 1968, made under the Defence Forces Retirement Benefits Act 1948-1968, apply to members of the Australian Defence Force, including officers of the Permanent Naval Forces, Australian Regular Army, and Permanent Air Force. These Regulations set out the conditions for retirement benefits, including the compulsory retirement ages and pensions for certain classes of members. The scope of the Regulations extends nationally as they pertain to the Commonwealth of Australia and its defence force members. These Regulations amend existing provisions by inserting a new definition for "short service commission" and modifying retiring ages and pensions. Notably, these Regulations do not explicitly state any exclusions or thresholds, and their application is not extended or restricted by subordinate instruments as per the given text. The Regulations come into operation on the same day that section 6 of the Defence Forces Retirement Benefits Act 1968 comes into effect.

Key Provisions

The main operative sections of the Defence Forces Retirement Benefits Regulations include the definition of a 'short service commission' (regulation 2a) and the retirement ages and pensions for certain classes of members (regulation 21). Regulation 2a defines 'short service commission' to include appointments in the Permanent Naval Forces, the Australian Regular Army, and the Permanent Air Force, each for a specified period of service. Regulation 21 outlines the compulsory retirement ages for members of the Naval Forces, Military Forces, and Air Force, depending on their rank and service, with specific ages detailed in the Third Schedule to these Regulations. These Regulations impose several obligations on the parties or entities they govern. For example, they require that officers with a 'short service commission' must serve for a specified period before transitioning to other service components. Additionally, they mandate that members of the Naval Forces, Military Forces, and Air Force must retire at ages specified in the Third Schedule, or at the ages prescribed under relevant sections of other Acts (Naval Defence Act 1910-1968, Defence Act 1903-1966, and Air Force Act 1923-1965) if they do not fall under the Third Schedule. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of these Regulations. However, it is likely that non-compliance with the compulsory retirement ages and conditions of service may result in legal consequences under the Defence Forces Retirement Benefits Act 1948-1968 or other relevant Acts. Enforcement and potential penalties would need to be determined within the broader legislative framework and judicial interpretations.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.