STATUTORY RULES
1972 No. 152
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948-1971.*
WHEREAS it is provided by sub-section (4.) of section 4a of the Defence Forces Retirement Benefits Act 1948-1971 that, in that section, “the prescribed amount” means such amount, being a multiple of One hundred and thirty dollars, 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:
NOW THEREFORE I, the Governor-General in and over 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 1948-1971.
Dated this thirty-first day of August, 1972.
Governor-General.
By His Excellency’s Command,
R. V. Garland
Minister of State for Supply for and on behalf of the Treasurer
Amendment of The Defence Forces Retirement Benefits Regulations†
1. Regulation 7a of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—
Amount specified for the purposes of section 4a.
“7a. The amount specified for the purposes of section 4a of the Act is Eight thousand nine hundred and seventy dollars.”.
Application.
2. The regulation inserted in the Defence Forces Retirement Benefits Regulations by the last preceding regulation has effect, and shall be deemed to have taken effect, from and including the nineteenth day of May, 1972.
* Notified in the Commonwealth Gazette on 1972.
† 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; 1970, Nos. 55 and 161; 1971, Nos. 66, 71, 74 and 127; and 1972, Nos. 34 and
Printed by Authority by the Government Printer of the Commonwealth of Australia
17955/72—Price 5c 10/10.9.1972
Overview
The Defence Forces Retirement Benefits Regulations 1972 were enacted to amend the existing regulations under the Defence Forces Retirement Benefits Act 1948-1971. The primary problem addressed by these regulations was the need to adjust the prescribed amount for retirement benefits in line with general variations in the rates of annual pay of members. Enacted by the Governor-General in and over the Commonwealth of Australia, with advice from the Federal Executive Council, these regulations reflect an effort to ensure that the retirement benefits provided to members of the defence forces are commensurate with changes in their remuneration. The policy objective behind this amendment was to maintain the adequacy and fairness of retirement benefits in response to fluctuations in the annual pay rates of defence force members.
Scope and Application
The Defence Forces Retirement Benefits Regulations 1948-1971, as amended by Statutory Rules 1972 No. 152, govern the retirement benefits for members of the Australian Defence Force, providing specific details on the prescribed amounts for retirement benefits as stipulated in section 4a of the Defence Forces Retirement Benefits Act 1948-1971. These regulations apply to all members of the Australian Defence Force, including the Army, Navy, and Air Force, and their dependents who are entitled to benefits under the Act. The regulation made in 1972 sets the prescribed amount for section 4a at Eight thousand nine hundred and seventy dollars, which has been deemed to have taken effect from May 19, 1972. This legislation operates on a national level within the Commonwealth of Australia and is implemented to ensure that retirement benefits are adjusted in line with variations in the rates of annual pay for members. The application of these regulations extends to all members of the Defence Force and their beneficiaries, with no exclusions or exemptions specified in the statutory rules provided.
Key Provisions
The key provisions of the Defence Forces Retirement Benefits Regulations, as amended in 1972, involve the specification of an amount for the purposes of section 4a of the Defence Forces Retirement Benefits Act 1948-1971 (referred to as "the Act"). Regulation 7a has been repealed and replaced with a new regulation (regulation 7a) that specifies an amount of Eight thousand nine hundred and seventy dollars (§1). This new regulation is effective from and including the nineteenth day of May, 1972 (§2). The Governor-General made these regulations with consideration of the general variations in the rates of annual pay of members, as required by the Act.
Under these Regulations, the specified amount of Eight thousand nine hundred and seventy dollars must be adhered to in accordance with section 4a of the Act. This amount is critical for determining the benefits that may be applicable to members of the defence forces under the provisions of the Act. The regulations impose an obligation on relevant parties, such as administrators of the Act, to apply this specified amount in their calculations and determinations related to retirement benefits.
The Regulations also establish that any breach or failure to comply with the specified amount could lead to inaccuracies in the calculation and distribution of benefits, potentially resulting in legal or administrative consequences. Although the text does not explicitly state penalties, non-compliance with statutory regulations can generally lead to various civil or criminal consequences, including fines or other legal actions, depending on the nature and severity of the breach. The maximum penalties, if applicable, would be determined in accordance with the specific laws and regulations governing such breaches.