STATUTORY RULES
1970 No. 55
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1969.*
WHEREAS it is provided by sub-section (4.) of section 4a of the Defence Forces Retirement Benefits Act 1948-1969 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 it is provided by sub-section (5.) of that section 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 1948-1969.
Dated this sixteenth day of April, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Immigration acting for and on behalf of the 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 Regulation 7a of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—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 Seven thousand five hundred and forty 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 nineteenth day of December, 1969.
* Notified in the Commonwealth Gazette on 1970.
† 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; and 1969, Nos. 8, 48 and 130.
Printed by Authority by the Government Printer of the Commonwealth of Australia
12188/70—Price 5c 10/2.4.1970
Overview
The Defence Forces Retirement Benefits Regulations 1970, established under the Defence Forces Retirement Benefits Act 1948-1969, were enacted to address the need for updating the prescribed amount for retirement benefits in response to general variations in the rates of annual pay for members of the defence forces. The regulations were issued by the Governor-General, acting with the advice of the Federal Executive Council, to ensure that the retirement benefits remained aligned with current economic conditions and the changing cost of living. This legislative instrument reflects a commitment to maintaining fair and adequate retirement provisions for defence force personnel, taking into account inflation and other economic factors that could affect the value of their retirement benefits.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1970, made under the Defence Forces Retirement Benefits Act 1948-1969, apply to members of the defence forces who are eligible for retirement benefits. These regulations are of a Commonwealth nature, thereby extending across all states and territories within Australia. The primary focus of these regulations is to specify the prescribed amount for the purposes of section 4a of the Act, which has been amended to set this amount at Seven thousand five hundred and forty dollars. The regulations are effective from and including the nineteenth day of December, 1969, and any prior regulations concerning the specified amount are repealed with this amendment. While the regulations primarily target members of the defence forces, their implementation and the consequential adjustments to retirement benefits are managed within the framework of the overarching Act. The Act itself and its subordinate regulations do not explicitly state any exclusions, exemptions, or thresholds beyond what is specified within the regulations themselves.
Key Provisions
The Defence Forces Retirement Benefits Regulations 1970, under the Defence Forces Retirement Benefits Act 1948-1969, specify a prescribed amount for the purposes of section 4a of the Act (section 1). This prescribed amount is set at seven thousand five hundred and forty dollars (section 1(7a)). This regulation has been amended to reflect recent variations in the rates of annual pay of members (section 1). The amendment has retroactive effect, deemed to have taken effect from December 19, 1969 (section 2).
These regulations impose an obligation on the relevant authorities to ensure that the specified amount aligns with the general variations in the rates of annual pay of members (section 1). They require the Governor-General to consider these variations when making regulations under section 4a of the Act (section 1). The regulation provides clarity and consistency in the calculation of benefits for members retiring from the defence forces.
Failure to comply with these regulations may result in consequences under the Defence Forces Retirement Benefits Act 1948-1969. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed within this particular statutory instrument. For comprehensive understanding of the penalties, it would be necessary to refer to the main Act or other relevant provisions.