STATUTORY RULES
1971 No.
REGULATION UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Forces Retirement Benefits Act 1948-1971.
Dated this sixth day of September, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendments of the Defence Forces Retirement Benefits Regulations†
Presented number applicable to contributors.
Regulation 8c of the Defence Forces Retirement Benefits Regulations is amended—
(a) by omitting the words “or cease”;
(b) by adding after the figures “1969”the words “; and before the eleventh day of September, 1970.”; and
(c) by adding at the end thereof the following sub-regulations:—
“(2.) For the purposes of sub-section (2.) of section 58a of the Act the number twenty is specified as the number applicable to male members who ceased to be members on or after the eleventh day of September, 1970, and before the first day of January, 1971.
“(3.) For the purposes of sub-section (2.) of section 58a of the Act—
(a) the number twenty-one is specified as the number applicable to male members; and
(b) the number eighteen is specified as the number applicable to female members,
who ceased or cease to be members on or after the first day of January, 1971.”.
* Notified in the Commonwealth Gazette on 1971.
† 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; 1961, Nos. 84, 114 and 162; 1965, Nos. 6, 37 and 161; 1966, Nos. 39, 97 and 134; 1967, No. 26; 1968, No. 80; 1969, Nos. 8, 48 and 130; and 1970, Nos. 55 and 161.
Printed by Authority by the Government printer of the Commonwealth of Australia
26542/70—Price 5c 10/9.6.1971
Overview
The Defence Forces Retirement Benefits Regulations 1971, made under the Defence Forces Retirement Benefits Act 1948-1971, were enacted to address the need for specific regulations governing retirement benefits for members of the Australian Defence Force. The Regulations were established by the Governor-General in accordance with advice from the Federal Executive Council, as per the legislative framework of the Commonwealth of Australia. These Regulations aim to provide a structured framework for the calculation and administration of retirement benefits for Defence Force personnel. They include amendments and clarifications to existing regulations, specifying applicable numbers and conditions for different categories of members based on their cessation dates from service, thereby ensuring the benefits are accurately and fairly distributed.
Scope and Application
The Statutory Rules 1971 No. REGULATION UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971 amends the Defence Forces Retirement Benefits Regulations, which govern the retirement benefits for members of the Australian Defence Force who have served under the Defence Forces Retirement Benefits Act 1948-1971. This legislation applies to the persons who are or were members of the Defence Forces and who are entitled to retirement benefits under the Act. The changes in regulation focus on the adjustment of the applicable numbers that determine the benefit entitlement for different categories of members based on their cessation dates from the service. The regulation is national in scope, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions in the regulation, and the amendment does not introduce any new thresholds but rather specifies numbers for different cessation periods. The regulation extends the application of the Defence Forces Retirement Benefits Act by modifying the Regulations, thus ensuring that the benefits are accurately calculated based on the cessation dates of the service members.
Key Provisions
The Defence Forces Retirement Benefits Regulations 1971 (Regulation 8c) detail specific changes to the applicable numbers for male and female members who cease to be members under the Defence Forces Retirement Benefits Act 1948-1971. Regulation 8c(2) specifies that the number twenty applies to male members who ceased to be members between September 11, 1970, and January 1, 1971. Furthermore, Regulation 8c(3) establishes that the number twenty-one applies to male members and the number eighteen applies to female members who cease to be members on or after January 1, 1971.
The Defence Forces Retirement Benefits Regulations 1971 impose specific obligations on male and female members who cease to be members. These obligations include the application of different numerical values (twenty, twenty-one, and eighteen) based on the cessation date of their membership. These values are crucial for determining benefits under the Act, as they correspond to specific pension-related calculations.
Failure to comply with the Defence Forces Retirement Benefits Regulations 1971 could result in penalties under the Defence Forces Retirement Benefits Act 1948-1971. Although the specific penalties are not detailed in the statutory rules provided, breaches of regulations concerning retirement benefits often carry significant consequences. These can include financial penalties or legal action to enforce compliance. The exact penalties would be defined within the broader framework of the Defence Forces Retirement Benefits Act 1948-1971, but they typically aim to ensure that members receive the correct benefits to which they are entitled.