STATUTORY RULES.
1964. No. 114.
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1963.
WHEREAS it is provided by sub-section (4.) of section four a of the Defence Forces Retirement Benefits Act 1948-1963 that, in that section, “the prescribed amount” means the amount of Two thousand six hundred pounds or such other amount, being a multiple of Sixty-five pounds, as is specified in the regulations for the purposes of that section:
And whereas it is provided by sub-section (5.) of that section 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 rates of annual pay of members that have occurred:
And whereas it is provided by section sixteen a of the Acts Interpretation Act 1901-1964 that where, in an Act, the Governor-General is referred to, the reference shall, unless the contrary intention appears, be deemed to include the person for the time being administering the Government of the Commonwealth and shall, unless the contrary intention appears, be read as referring to a person so deemed to be included in the reference acting with the advice of the Federal Executive Council:
Now therefore I, the Administrator of the Government of 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 1948-1963.
Dated this twenty seventh day of August, 1964.
E.W. WOODWARD
Administrator.
By His Excellency’s Command,
Treasurer.
Amendment of the Defence Forces Retirement Benefits Regulations.†
Commencement
1. These Regulations shall be deemed to have come into operation on the twenty-sixth day of June, One thousand nine hundred and sixty-four.
2. After regulation 7 of the Defence Forces Retirement Benefits Regulations the following regulation is inserted:—
Amount specified for purposes of section 4a.
“7a. The amount of Two thousand six hundred and sixty-five pounds is specified for the purposes of section 4a of the Act.”.
* Notified in the Commonwealth Gazette on 28th August, 1964.
† 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; and 1959, No. 104; and 1964, No. 84.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
9/1.7.1964.
Overview
The Statutory Rules 1964 No. 114, titled "Regulations Under the Defence Forces Retirement Benefits Act 1948-1963," was enacted in 1964 to address the need for updated financial specifications in the Defence Forces Retirement Benefits Act 1948-1963. This legislative instrument was issued by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in response to general variations in the rates of annual pay of members as required by the primary Act. The Regulations specifically inserted a new regulation to specify an updated amount for the purposes of section 4a of the Defence Forces Retirement Benefits Act, ensuring that the financial provisions remain relevant and aligned with current economic conditions.
The policy objective, as reflected in the legislative instrument, is to maintain the integrity and relevance of the retirement benefits system for defence force members by regularly updating the financial parameters specified in the Act. This ensures that the benefits remain commensurate with changes in the rates of annual pay, thereby supporting the well-being of retired defence force personnel. The Regulations were designed to facilitate this objective by providing a precise and updated financial figure that aligns with the current economic context.
Scope and Application
The Regulations under the Defence Forces Retirement Benefits Act 1948-1963 apply to members of the defence forces who are entitled to retirement benefits as stipulated by the Act. The Regulations specify an amount of Two thousand six hundred and sixty-five pounds for the purposes of section 4a of the Act, reflecting the prescribed amount for determining retirement benefits. These Regulations have a Commonwealth reach and are issued under the authority of the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The Regulations do not specify any exclusions or exemptions but are designed to ensure that the benefits paid out align with general variations in the rates of annual pay of members. The application and enforcement of these Regulations can be further extended or restricted through subordinate instruments, as deemed necessary by the relevant authorities.
Key Provisions
The main operative sections of these Regulations, specifically Regulation 7a, introduce a new regulation that specifies the amount of Two thousand six hundred and sixty-five pounds (2665 pounds) for the purposes of section 4a of the Defence Forces Retirement Benefits Act 1948-1963. This regulation is inserted after Regulation 7 of the existing Defence Forces Retirement Benefits Regulations. It is intended to update and clarify the financial threshold that applies to the benefits provided under the Act.
The Act and these Regulations impose certain obligations on the parties involved, primarily focusing on the correct application and understanding of the financial thresholds related to retirement benefits. For example, the specified amount of 2665 pounds must be used in calculations and determinations regarding the retirement benefits of members of the Defence Forces. This ensures consistency and fairness in the application of benefits across the Defence Forces community.
In terms of penalties and consequences for breaches, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it is understood that breaches of the Defence Forces Retirement Benefits Act 1948-1963, as amended by these Regulations, could result in legal consequences under the general provisions of the Act. These may include administrative actions, financial penalties, or other enforcement measures as deemed appropriate by the relevant authorities. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions within the broader legislative framework of the Defence Forces Retirement Benefits Act.