National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1944, No. 127, made under the National Security Act 1939-1943, aim to address the superannuation rights of airmen transitioning between the Citizen Air Force and the Permanent Air Force during wartime. Enacted by the Governor-General in Council, these regulations ensure that airmen who were previously contributors under the Superannuation Act 1922-1943 while serving in the Permanent Air Force maintain their superannuation rights upon joining the Citizen Air Force. The regulations also allow for the continuation of superannuation contributions for those who were already enlisted in the Citizen Air Force before the regulation's commencement, providing a choice to either remain under the previous contribution scheme or adjust to the new circumstances. The policy objective is to secure the financial future of service personnel by maintaining their superannuation benefits despite transitions in military service.

Scope and Application

The regulation made under the National Security Act 1939-1943 applies to individuals who were enlisted in or appointed to the Citizen Air Force and were previously employees under the Superannuation Act 1922-1943 as members of the Permanent Air Force. The regulation ensures that these individuals continue to be considered employees within the meaning of section 60a of the Superannuation Act 1922-1943, thereby maintaining their superannuation rights despite transitioning from the Permanent Air Force to the Citizen Air Force. This regulation applies to those who were enlisted or appointed to the Citizen Air Force after the commencement of the regulation, and also provides a mechanism for those who transitioned prior to the regulation's commencement to elect to continue their superannuation contributions. The regulation is applicable on a Commonwealth level, extending its reach to all individuals who meet the specified criteria within the Australian jurisdiction.

Key Provisions

The main operative sections of this statutory rule (sub-regulation 128) amend the National Security (Supplementary) Regulations to provide for the superannuation rights of certain airmen. Specifically, sub-regulation (1) states that airmen who were members of the Permanent Air Force and contributors under the Superannuation Act 1922-1943 immediately prior to enlisting in or being appointed to the Citizen Air Force, shall continue to be considered employees under the Act while they remain in the Citizen Air Force, and the Act's provisions will apply to them. Sub-regulation (2) allows airmen who enlisted before the commencement of this regulation to elect, within six months of the regulation's commencement, to either continue their contributions under the Superannuation Act as if they had remained in the Permanent Air Force, or to contribute as if they had become an employee under the Act upon making that election. Sub-regulation (3) mandates that those who elect to continue their contributions must repay any refunds of their contributions upon their discharge from the Permanent Air Force and contribute the amount that would have been payable if they had remained in the Permanent Air Force up to the date of their election. Sub-regulation (4) provides that if an airman who would have been eligible to make an election under sub-regulation (2) had died while a member of the Citizen Air Force, their legal personal representative or widow may, within six months of the regulation's commencement, pay or undertake to pay the Superannuation Board the amount of any refund of contributions made to the deceased upon their discharge from the Permanent Air Force and the contributions that would have been payable by the deceased if they had remained an employee under the Act up to the date of their death. In such a case, the deceased will be deemed to have continued to be an employee under the Act from the date of their discharge from the Permanent Air Force until the date of their death, and the Act's provisions will apply to and in relation to them. The obligations and requirements imposed by this statutory rule primarily concern airmen who were members of the Permanent Air Force and contributors under the Superannuation Act 1922-1943 prior to enlisting in or being appointed to the Citizen Air Force. These airmen must notify the Superannuation Board in writing if they wish to continue their contributions under the Act as if they had remained in the Permanent Air Force or to contribute as if they had become an employee under the Act upon making that election, within six months of the regulation's commencement. If they elect to continue their contributions, they must repay any refunds of their contributions upon their discharge from the Permanent Air Force and contribute the amount that would have been payable if they had remained in the Permanent Air Force up to the date of their election. Additionally, if an airman who would have been eligible to make an election under sub-regulation (2) had died while a member of the Citizen Air Force, their legal personal representative or widow must notify the Superannuation Board in writing and pay or undertake to pay the amount of any refund of contributions made to the deceased upon their discharge from the Permanent Air Force and the contributions that would have been payable by the deceased if they had remained an employee under the Act up to the date of their death, within six months of the regulation's commencement. Failure to comply with the obligations and requirements imposed by this statutory rule may result in civil consequences for the affected airmen and their representatives. However, the statutory rule does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. It is likely that any failure to comply with the rule would be addressed under the relevant sections of the Superannuation Act 1922-1943 or other applicable legislation. The maximum penalties for such breaches would depend on the specific provisions of the Superannuation Act or other relevant laws.