Defence (Superannuation Interim Arrangement) Amendment Act 1988

Overview

The Defence (Superannuation Interim Arrangement) Amendment Act 1988 was enacted to address the need for an interim superannuation benefit for members of the Defence Force serving on and after 1 January 1988. This Act, assented to on 15 June 1988, empowers the Minister for Defence to establish these interim benefits. It was introduced in response to the identified gap in superannuation arrangements for Defence Force members, particularly those in the Permanent Forces, Reserve Forces, and Emergency Forces. The policy objective of the Act is to ensure that Defence Force members receive appropriate interim superannuation benefits that align with wage fixing principles and the broader terms and conditions of service within the Defence Force. The Defence (Superannuation Interim Arrangement) Amendment Act 1988 was enacted by the Parliament of Australia, consisting of the Queen and both the Senate and the House of Representatives. The Act amends the Defence Act 1903 by inserting a new Part IIIaa that outlines the provisions for the interim superannuation benefit. This legislative amendment ensures that the benefits are consistent with existing Acts such as the Naval Defence Act 1910 and the Air Force Act 1923, and it incorporates principles from the wage fixing decisions of the Conciliation and Arbitration Commission. The Act also aligns with the Superannuation Benefit (Interim Arrangement) Act 1988 and considers the administrative arrangements for the Defence Force.

Scope and Application

The Defence (Superannuation Interim Arrangement) Amendment Act 1988 is an Australian legislative act that specifically targets members of the Defence Force, including those in the Permanent Forces, Reserve Forces, and Emergency Forces, who have provided service on and after 1 January 1988. This Act extends its jurisdiction to encompass both naval, military, and air force services. It provides the Minister for Defence with the authority to establish an interim superannuation benefit for these members, ensuring that such benefits are provided in a manner consistent with the wage fixing principles adopted by the Conciliation and Arbitration Commission and the Superannuation Benefit (Interim Arrangement) Act 1988. The Act came into effect on the day it received Royal Assent and is governed by the Defence Act 1903. Determinations made under this Act are disallowable instruments, subject to specific parliamentary procedures, and must adhere to the stipulations outlined within the Act and related legislation.

Key Provisions

The Defence (Superannuation Interim Arrangement) Amendment Act 1988 (sections 52(1) and (2)) empowers the Minister for Defence to make written determinations for the purpose of providing an interim superannuation benefit to members of the Defence Force. This applies to service provided on or after 1 January 1988 by members of the Permanent Forces, as well as continuous full-time naval, military, or air force service on or after that date by members of the Reserve Forces and the Emergency Forces. These determinations must not conflict with the Act, the Naval Defence Act 1910, or the Air Force Act 1923, and they cannot be expressed to take effect before 1 January 1988 (section 52(2)). The Minister must consider certain principles and provisions when making these determinations. Specifically, they must take into account principle 3 of the wage fixing principles adopted by the Conciliation and Arbitration Commission in its national wage case decision of 23 September 1983, as modified by its national wage case decision of 26 June 1986 (section 52(3)(a)). The Minister must also consider the provisions of the Superannuation Benefit (Interim Arrangement) Act 1988, as well as matters relating to the terms and conditions of service of members of the Defence Force and the arrangements for the administration of the Defence Force (section 52(3)(b) and (c)). These determinations are considered disallowable instruments under section 46a of the Acts Interpretation Act 1901, with a specific substitution made for subparagraph 46a (1) (b) (ii) (section 52(4)). Under the Defence (Superannuation Interim Arrangement) Amendment Act 1988, the Minister for Defence is responsible for making written determinations regarding the provision of interim superannuation benefits for Defence Force members. These determinations must be consistent with the Act and other specified legislation and must not be retroactive. The Minister must consider specific wage fixing principles, provisions of another Act, and other relevant matters when making these determinations. The Act also includes a specific provision regarding the disallowance of these instruments. The Defence (Superannuation Interim Arrangement) Amendment Act 1988 does not explicitly outline offences, penalties, or civil or criminal consequences for breaches of its provisions. However, given that the determinations made under this Act are considered disallowable instruments under section 46a of the Acts Interpretation Act 1901, it is likely that any failure to comply with the requirements of this Act could result in the disallowance of the relevant determinations. The potential penalties or consequences for such disallowance would depend on the specific circumstances and the applicable provisions of the Acts Interpretation Act 1901.