Defence Forces Retirement Benefits Regulations (Amendment)

Overview

The Defence Forces Retirement Benefits Regulations (Amendment) 1992 No. 93 were enacted to update and streamline the Defence Forces Retirement Benefits Regulations, which are made under the Defence Forces Retirement Benefits Act 1948. The objective of this amendment was to remove outdated and unnecessary provisions within the Regulations that were no longer applicable or redundant, given that the Defence Forces Retirement Benefits scheme ceased accepting new contributors on 1 October 1972. The Regulations have been amended to reflect the legislative changes and to eliminate obsolete references and provisions that were either superseded by subsequent Acts or rendered inoperative by the cessation of the Defence Forces Retirement Benefits scheme. The amendment was authorised by the Minister for Defence Science and Personnel and aims to ensure the Regulations are current and effectively support the payment of retirement benefits to former Defence Force members who ceased service before the specified date and to their widows and dependants. The Statutory Rule took effect on the day of its gazettal, ensuring immediate application of the changes.

Scope and Application

The Defence Forces Retirement Benefits Regulations (Amendment) 1992 applies to former members of the Defence Force who ceased service before 1 October 1972 and their widows and dependants. This regulation was made under the Defence Forces Retirement Benefits Act 1948 and is intended to ensure the payment of retirement benefits to these individuals. The regulation applies nationally and serves to streamline the existing provisions by removing obsolete and unnecessary regulations and making minor drafting amendments. The amendments remove provisions that were linked to sections of the Act that no longer exist, such as those relating to contributions under the Defence Forces Retirement Benefits scheme which ceased to operate on 1 October 1972, and provisions that were merely redundant, such as the definition of Air Marshal which was no longer applicable to anyone. The amendment also removes references to the Treasury Regulations which no longer exist and provisions dealing with matters already adequately covered by the Act itself. The regulation is effective from the date of its gazettal and applies to all existing cases without any further action required from the affected individuals.

Key Provisions

The Defence Forces Retirement Benefits Regulations (Amendment) 1992 No. 93 removes several obsolete and unnecessary provisions from the Defence Forces Retirement Benefits Regulations, and makes minor drafting amendments. The key sections of this Statutory Rule include the replacement of Regulation 2 with a new interpretation provision that makes a drafting change to the citation of the Defence Forces Retirement Benefits Act 1948 (the Act). This amendment ensures that the Regulations are consistent with the current citation of the Act. Regulations 3 and 4, which dealt with contributions under the Defence Forces Retirement Benefits (DFRB) scheme, have been removed as no contributions have been required under the DFRB scheme since 1 October 1972. Regulation 5, which dealt with payments under the DFRB scheme, has been replaced with a new provision that removes obsolete references to gratuities, the refund of contributions, and Treasury Regulations that no longer exist. The amendment also removes a provision dealing with the fortnightly payment of pensions, which is adequately covered by section 66 of the Act. Regulation 6, which dealt with payments by the Commonwealth to the DFRB Fund, has been removed as the Fund has been wound up, and benefits under the Act are now paid from Consolidated Revenue. Regulation 7 has been amended to remove an obsolete provision (paragraph 7(b)) which dealt with the furnishing of evidence that a person in receipt of a widow's pension had not re-married. This provision had not had any effect since 1977 when an associated Act provision (which provided that a widow's pension ceased on re-marriage) was repealed. The Regulations impose obligations and requirements on the parties or entities they govern. Regulation 2 provides an interpretation of the terms used in the Regulations, and ensures that the Regulations are consistent with the current citation of the Act. Regulation 5 ensures that payments under the DFRB scheme are made in accordance with the Act and the Regulations, and removes obsolete references to gratuities, the refund of contributions, and Treasury Regulations that no longer exist. Regulation 7 ensures that evidence of a person's marital status is not required for the purposes of a widow's pension, as this provision has not had any effect since 1977. Regulation 8A ensures that the rate of interest for the purposes of benefits under the Act is prescribed in the Regulations, and Regulation 8B ensures that the rate of interest for the purposes of subsections 75(2) and (3) of the Act is prescribed in the Regulations. Regulation 9 ensures that the periods for elections required to be made by members under various provisions of the Act are specified in the Regulations, and Regulation 10 prescribes Commonwealth authorities for the purposes of the Act. The Regulations do not impose any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the Regulations may result in benefits not being paid in accordance with the Act. The maximum penalties for offences under the Act are not specified in the Explanatory Statement. The Statutory Rule comes into operation on the day of gazettal, and the Attachment contains details of the provisions that have been removed, as well as details of the minor drafting amendments.