Defence Forces Retirement Benefits Regulations (Amendment)

Overview

The Statutory Rules 1971 No. 190, titled "Regulations Under the Defence Forces Retirement Benefits Act 1948-1971," were enacted to amend the existing regulations regarding the retirement benefits for members of the Australian Defence Force. This legislative instrument was issued by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council, and was subsequently notified in the Commonwealth Gazette on the tenth of June, 1971. The primary objective of these regulations is to ensure that the financial provisions for retired Defence Force personnel are kept up to date with economic changes, thus maintaining the integrity and sustainability of the retirement benefits system. These regulations specifically address the need to adjust the specified amount for the purposes of section 4a of the Defence Forces Retirement Benefits Act 1948-1971, reflecting an update from the previous regulations. The changes outlined in the Statutory Rules are set to take effect from the first day of January, 1971, ensuring that any financial adjustments are implemented promptly and effectively to support retired members of the Defence Forces.

Scope and Application

The Statutory Rules 1971 No. 152, made under the Defence Forces Retirement Benefits Act 1948-1971, specifically amend the Defence Forces Retirement Benefits Regulations to alter the specified amount for the purposes of section 4a of the Act. This legislative instrument applies to persons who are beneficiaries of the Defence Forces Retirement Benefits Act, primarily those who have served in the Australian Defence Force and are entitled to retirement benefits. The changes made by these regulations extend across the Commonwealth of Australia, meaning they apply nationally. There are no stated exclusions, exemptions, or specific thresholds in this particular regulation, but the overarching Act may contain provisions addressing these matters. The regulations are effective from 1 January 1971, ensuring that the updated amount is applicable from the commencement date. This amendment is a part of a series of regulatory adjustments under the Act, reflecting changes in economic conditions or policy decisions over the years.

Key Provisions

The main operative sections of the Statutory Rules 1971 No. 134, under the Defence Forces Retirement Benefits Act 1948-1971, pertain to the amendment of Regulation 7a. Regulation 7a, which specifies the amount for the purposes of section 4a of the Act, is repealed and replaced with a new regulation stating the amount specified is Eight thousand eight hundred and forty dollars (Regulation 7a). This amendment has retrospective effect from 1 January 1971, meaning it is deemed to have taken effect from that date despite its promulgation in 1971 (Regulation 2). These Regulations impose specific obligations on the entities governed by them, primarily ensuring that the specified amount for the purposes of section 4a is updated accurately and consistently. The amendment to Regulation 7a requires that the new amount of Eight thousand eight hundred and forty dollars is adhered to in all relevant calculations and payments under the Defence Forces Retirement Benefits Act. This ensures that beneficiaries and administrators are operating under the correct financial parameters as stipulated by the Act. The consequences of failing to comply with these Regulations can include both civil and criminal penalties. While the specific penalties are not detailed in the text, breaches of regulations under the Defence Forces Retirement Benefits Act could potentially result in financial penalties, legal action, or other consequences as determined by the relevant authorities. The precise penalties would be governed by the broader legislative framework of the Defence Forces Retirement Benefits Act and other applicable laws. It is crucial for those subject to these Regulations to ensure strict compliance to avoid any adverse outcomes.