STATUTORY RULES
1967 No. 26
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1966.*
WHEREAS it is provided by sub-section (4.) of section 4a of the Defence Forces Retirement Benefits Act 1948-1966 that in that section “the prescribed amount” means the amount of Five thousand four hundred and sixty dollars or such other amount, being a multiple of One hundred and thirty dollars, as is specified in the regulations for the purposes of that section;
And whereas by sub-section (5.) of that section it is provided 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 rate 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 1948-1966.
Dated this ninth day of March, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
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 Regulation 7a of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—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 Six thousand five hundred 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 third day of February, 1967.
* Notified in the Commonwealth Gazette on , 1967.
† 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.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
2427/67—Price 5c 10/20.1.1967
Overview
The Defence Forces Retirement Benefits Act 1948-1966, enacted by the Parliament of Australia, was designed to provide retirement benefits to members of the Australian Defence Force. This Act was introduced to address the need for financial security for defence personnel upon their retirement from service. The Defence Forces Retirement Benefits Regulations 1967, made under the authority of this Act, were created to further specify and regulate the details of the benefits provided. In these regulations, the Governor-General, acting on the advice of the Federal Executive Council, adjusted the prescribed amount for the purposes of section 4a of the Act, taking into account general variations in the rate of annual pay of members. The policy objective behind these amendments is to ensure that the retirement benefits are adjusted appropriately to reflect changes in the economic conditions and the cost of living, thereby maintaining the adequacy of the retirement benefits for defence personnel.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1967, made under the Defence Forces Retirement Benefits Act 1948-1966, apply to individuals who are members of the Australian Defence Force and are eligible for retirement benefits as specified in the Act. These Regulations amend the amount specified for the purposes of section 4a of the Act, establishing a new prescribed amount of Six thousand five hundred dollars, effective from the third day of February, 1967. The regulations are applicable throughout the Commonwealth of Australia, and they extend to all members of the Defence Force, including serving members, reservists, and those who have retired. This legislative instrument does not explicitly outline exclusions or exemptions but implies that the prescribed amount applies uniformly across the Defence Force, subject to the variations in the rate of annual pay as noted by the Governor-General. The application of these regulations is comprehensive within the Defence Force, and any further specification or restriction of their application is to be found in subordinate instruments or subsequent amendments to the regulations.
Key Provisions
The legislative instrument, Statutory Rules 1967 No. 26, amends the Defence Forces Retirement Benefits Regulations, establishing a new prescribed amount for the purposes of section 4a of the Defence Forces Retirement Benefits Act 1948-1966. Specifically, regulation 7a is repealed and replaced with a new regulation (Regulation 7a) specifying that the prescribed amount is Six thousand five hundred dollars (section 1). This amendment came into effect from and including the third day of February, 1967 (section 2).
Under the new regulation, the parties governed by the Defence Forces Retirement Benefits Act 1948-1966 are required to adhere to the specified amount of Six thousand five hundred dollars for the purposes outlined in section 4a. This amount replaces the previous figure of Five thousand four hundred and sixty dollars and any other multiple of One hundred and thirty dollars previously specified in the regulations. The obligation to comply with this updated amount is critical for ensuring that the benefits and entitlements under the Act are accurately calculated and administered.
Failure to comply with the provisions of the Defence Forces Retirement Benefits Act 1948-1966 and its regulations, including the updated prescribed amount, could potentially result in legal consequences. While the specific offences, penalties, or civil and criminal consequences for breach are not detailed within this legislative instrument, it is reasonable to infer that non-compliance with such statutory requirements could lead to enforcement actions, penalties, or other legal repercussions as outlined in the principal Act or relevant laws. The precise penalties would depend on the nature and severity of the breach, and may include fines or other sanctions as provided by law.