STATUTORY RULES.
1950. No. .
REGULATIONS UNDER THE DEFENCE FORCES
RETIREMENT BENEFITS ACT 1948-1949.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1949.
Dated this
day of , 1950.
Governor-General
By His Excellency's Command,
Treasurer.
Amendments of the Defence Forces Retirement Benefits Regulations.†
Approved authorities.
1. Regulation 10 of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—
“ 10. The following authorities shall be approved authorities for the purposes of the Act:—
Name of Authority. | Law under which constituted. |
Australian Aluminium Production Commission | Aluminium Industry Act 1944. |
Australian Broadcasting Commission | Australian Broadcasting Act 1942-1948. |
Australian Canned Fruits Board.......... | Canned Fruits export Control Act 19261938. |
Australian Dairy Produce Board | Dairy Produce Export Control Act 1924-1947. |
Australian Egg Board................. | Egg Export Control Act .1947-1948. |
Australian Meat Board................ | Meat Export Control Act 1935-1946. |
Australian National Airlines Commission | Australian National Airlines Act 1945-1947. |
Australian National University........... | Australian National University Act 1946-1947. |
Australian Wine Board................ | Wine Overseas Marketing Act 1929-1945. |
Australian Wool Board................ | Wool Use Promotion Act 1945. |
* Notified in the Commonwealth Gazette on 1950.
† Statutory Rules 1949, No. 60.
554.—Price 3d. 9/27.2.1950.
Name of Authority. | Law under which constituted. |
Australian Wool Realization Commission | Wool Realization Act 1945-1946. |
Canberra Community Hospital Board | Canberra Community Hospital Ordinance 1938-1947 |
Commonwealth Scientific and Industrial Research Organization | Science and Industry Research Act 1949. |
Council of the Canberra University College | Canberra University College Ordinance 1929-1940. |
Dried Fruits Control Board............. | Dried Fruits Export Control Act 1924-1938. |
Overseas Telecommunications Commission (Australia) | Overseas Telecommunications Act 1946. |
Snowy Mountains Hydro-electric Authority | Snowy Mountains Hydro-electric Power Act 1949. |
Trustees of the Services Canteens Trust Fund | Services Trust Funds Act 1947." |
2. After regulation 18 of the Defence Forces Retirement Benefits Regulations the following regulation is inserted:
Pay allowances to be included in daily pay.
“ 19. For the purposes of sub-section (2.) of section 28 of the Act, the daily pay of a member shall include the following pay allowances :—
(a) Good Conduct Pay—For each Good Conduct Badge not exceeding three, payable under regulation 48 of the Naval Financial Regulations; and
(b) Flying Pay, payable under paragraph (b) of sub-regulation (31.) of regulation 45 of the Naval Financial Regulations.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Defence Forces Retirement Benefits Regulations 1950 were enacted under the Defence Forces Retirement Benefits Act 1948-1949, addressing the need to define and regulate retirement benefits for members of the Australian Defence Force. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and published in the Commonwealth Gazette in 1950. The objective of these regulations is to establish and approve authorities responsible for administering retirement benefits and to clarify the inclusion of specific allowances, such as Good Conduct Pay and Flying Pay, in the calculation of daily pay for members of the Defence Force.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1950, made under the Defence Forces Retirement Benefits Act 1948-1949, apply to specified authorities listed within the regulations, which are constituted under various Acts including the Aluminium Industry Act 1944, the Australian Broadcasting Act 1942-1948, and the Snowy Mountains Hydro-electric Power Act 1949 among others. These regulations are designed to determine which authorities are approved for the purposes of the Defence Forces Retirement Benefits Act, thereby extending its application to the employees of these authorities. The regulations also specify that certain allowances, such as Good Conduct Pay and Flying Pay, are to be included in the daily pay of a member for the purposes of sub-section (2.) of section 28 of the Act. This legislative instrument operates on a national level, as it is a Commonwealth regulation, thereby affecting entities and personnel across all states and territories of Australia. The regulations do not explicitly state exclusions or exemptions, but by nature of their specificity, they apply only to the authorities and allowances listed within the text.
Key Provisions
The Defence Forces Retirement Benefits Regulations 1948-1949, under section 10, designate certain authorities as approved authorities for the purposes of the Defence Forces Retirement Benefits Act 1948-1949. These authorities, listed in the regulations, include bodies such as the Australian Aluminium Production Commission, the Australian Broadcasting Commission, and the Snowy Mountains Hydro-electric Authority, among others. Each authority is identified alongside the specific law under which it was constituted. The listing is extensive, covering numerous boards and commissions involved in various industries and services, from agricultural produce to telecommunications.
Under the same legislation, section 19 mandates that certain pay allowances must be included in the daily pay of a member for the purposes of sub-section (2) of section 28 of the Act. Specifically, the regulation states that the daily pay of a member should include Good Conduct Pay, up to a maximum of three badges, and Flying Pay. These allowances are to be paid in accordance with the Naval Financial Regulations, with Good Conduct Pay governed by regulation 48 and Flying Pay governed by sub-regulation (31.b) of regulation 45.
The obligations imposed by these regulations on the entities listed as approved authorities are primarily administrative. These authorities must ensure that the specified pay allowances are accurately calculated and included in the daily pay of eligible members as per the provisions of the Defence Forces Retirement Benefits Act. Failure to comply with these requirements could result in discrepancies in retirement benefits, which would need to be rectified to ensure fairness and adherence to the law.
There are no explicit offences, penalties, or consequences outlined in the provided excerpt of the Defence Forces Retirement Benefits Regulations. However, non-compliance with the regulations could potentially lead to disputes or claims regarding retirement benefits, which might necessitate legal intervention. The absence of specific penalties in the excerpt suggests that enforcement would likely rely on the general legal framework governing compliance with statutory regulations in Australia.