Defence Forces Retirement Benefits Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B01506 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1964. No. 84.

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT

BENEFITS ACT 1948-1963.*

I, THE ADMINISTRATOR of the Government of 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 1948-1963.

Dated this second day of July, 1964.

 

Administrator.

By His Excellency’s Command,

Treasurer.

AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS.†

1. Regulation 10 of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation is inserted in its stead:—

Prescribed authorities of the Commonwealth.

“10. The following authorities are prescribed authorities of the Commonwealth for the purposes of the Act:—

Australian Atomic Energy Commission;

Australian Broadcasting Commission;

Australian Canned Fruits Board;

Australian Capital Territory Electricity Authority;

Australian Coastal Shipping Commission;

Australian Dairy Produce Board;

Australian Egg Board;

Australian Meat Board;

Australian National Airlines Commission;

Australian Stevedoring Industry Authority;

Australian Wheat Board;

Australian Wine Board;

Australian Wool Board;

Canberra Community Hospital Board;

Commonwealth Scientific and Industrial Research Organization;

Commonwealth Serum Laboratories Commission;

Dried Fruits Control Board;

Export Payments Insurance Corporation;

National Capital Development Commission;

* Notified in the Commonwealth Gazette on 9th July, 1964

† Statutory Rules 1949, No. 60, as amended be Statutory Rules 1950. No. 14; 1951, No. 111; 1954, Nos. 4 and 33; 1955, Nos. 14 and 45; 1956, No. 25; and 1959, No. 104.

6350/64.—-PRICE 6D. 9/18.6.1964.


Overseas Telecommunications Commission (Australia);

Snowy Mountains Hydro-electric Authority;

The Australian National University;

Trustees of the Services Canteens Trust Fund.”.

2. After regulation 15 of the Defence Forces Retirement Benefits Regulations the following regulation is inserted:—

Rate of pay before retirement.

“15A. For the purposes of section 53A of the Act, the rate of pay of a person is—

(a) in the case of a person who, immediately before his retirement, was paid at a consolidated rate of pay—a rate per day equal to that consolidated rate of pay per day;

(b) in the case of a person who, immediately before his retirement, was in receipt of marriage allowance—a rate per day equal to the sum of—

(i) the amount of pay or active pay payable to him in respect of the day on which he retired;

(ii) an amount equal to the rate at which marriage allowance was payable to him in respect of that day; and

(iii) amounts equal to the respective rates at which each of the following allowances, namely, separation allowance and uniform allowance, were payable to members of the Permanent Naval Forces in respect of that day; or

(c) in the case of a person who, immediately before his retirement, was not paid at a consolidated rate of pay and was not in receipt of marriage allowance—a rate per day equal to the sum of—

(i) the amount of pay or active pay payable to him in respect of the day on which he retired; and

(ii) amounts equal to the respective rates at which each of the following allowances, namely, living out allowance and uniform allowance, were payable to members of the Permanent Naval Forces in respect of that day.”.

Third Schedule.

3. The Third Schedule to the Defence Forces Retirement Benefits Regulations is amended by omitting the words—

“Permanent Military Forces—

 

 

 

Printing and Stationery Service.......

 

Colonel………………….

57 years

Lieutenant-Colonel……..

55 years

Major……………………

55 years

Captain………………….

55 years”

and inserting in their stead the words—

“Permanent Military Forces—

 

 

 

Staff Corps Special List............

 

 

Lieutenant-Colonel……

53 years

Major………………….

53 years

Captain………………..

53 years

Lieutenant…………….

53 years

 

Printing and Stationery Service.......

 

 

Colonel………………..

57 years

Lieutenant-Colonel……

55 years

Major………………….

55 years

Captain………………

55 years”.

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

Overview

The Defence Forces Retirement Benefits Regulations 1964, enacted under the Defence Forces Retirement Benefits Act 1948-1963, address the need for a structured retirement benefit scheme for members of the Australian Defence Forces. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure that the provisions of the Act are effectively implemented and managed. The policy objective is to provide comprehensive retirement benefits to members of the defence forces, ensuring they receive fair compensation upon retirement. This legislative instrument updates and refines the existing regulations to include new authorities, specify the calculation of retirement pay rates, and adjust the retirement ages for certain military ranks, thereby enhancing the clarity and applicability of the retirement benefits framework.

Scope and Application

The Defence Forces Retirement Benefits Regulations 1964, made under the Defence Forces Retirement Benefits Act 1948-1963, apply to various prescribed authorities within the Commonwealth, including entities such as the Australian Atomic Energy Commission, the Australian Broadcasting Commission, and the Snowy Mountains Hydro-electric Authority. These regulations govern the retirement benefits for individuals who have served in the defence forces, determining their eligibility and the calculation of their retirement pay. The regulations also specify the rate of pay before retirement, which varies depending on whether the individual was paid at a consolidated rate, in receipt of a marriage allowance, or neither. Notably, the regulations provide specific retirement age criteria for different ranks within the Permanent Military Forces, such as Staff Corps Special List and the Printing and Stationery Service. The regulations have a national reach, applying throughout the Commonwealth of Australia, and they are subject to amendments through subordinate instruments to adapt to changing circumstances or legislative updates.

Key Provisions

The main operative sections of these Regulations pertain to the prescribed authorities of the Commonwealth (Reg. 10), the rate of pay before retirement (Reg. 15A), and amendments to the Third Schedule (Third Sch.). Regulation 10 identifies the authorities within the Commonwealth that are prescribed for the purposes of the Defence Forces Retirement Benefits Act 1948-1963. Regulation 15A specifies the calculation of the rate of pay for a person before their retirement, depending on whether they were paid at a consolidated rate, in receipt of a marriage allowance, or neither. The Third Schedule has been amended to change the retirement ages for certain ranks within the Staff Corps Special List of the Permanent Military Forces, while retaining the ages for the Printing and Stationery Service. These Regulations impose specific obligations and requirements on the prescribed authorities of the Commonwealth, including those listed in Regulation 10, which must adhere to the provisions of the Defence Forces Retirement Benefits Act 1948-1963. For the calculation of the rate of pay before retirement, Regulation 15A imposes obligations on these authorities to accurately determine the applicable rate of pay based on the individual’s circumstances at the time of retirement. The amendments to the Third Schedule require the prescribed authorities to adjust their practices to reflect the new retirement ages for certain ranks within the Staff Corps Special List. There are no specific offences, penalties, or civil/criminal consequences outlined in these Regulations. However, failure to comply with the provisions of the Defence Forces Retirement Benefits Act 1948-1963, as implemented by these Regulations, could potentially lead to legal consequences under the Act itself. The Defence Forces Retirement Benefits Act 1948-1963 may include provisions for penalties or enforcement actions in cases of non-compliance.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

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.