Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS REGULATIONS (AMENDMENT) 1995 NO. 50

STATUTORY RULES 1995 No. 50

Issued by the authority of the Minister for Defence Science and Personnel

Defence Force Retirement and Death Benefits Act 1973

Defence Force Retirement and Death Benefits Regulations (Amendment)

Background

Section 60 of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act) provides for the basic (ie. minimum) annual rate of pay applicable to a member for certain benefits to be prescribed.

The Defence Force Retirement and Death Benefits Regulations (the Principal Regulations) prescribe various matters for the purposes of the DFRDB Act. Regulation 4 prescribes the basic annual rate of pay for the purposes of section 60.

The Regulations amend the Principal Regulations, to correct references to a salary determination which has now been superseded.

Regulation 4 of the Principal Regulations prescribed the basic (ie. minimum) annual rates of pay by reference to "the rate specified in Schedule 5 to Determination 0101 as the rate of salary at pay level 1 in relation to the rank of Private". "Determination 010111 is defined by regulation 3 of the Principal Regulations to mean "Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903, as in force from time to time as modified from time to time by determinations made under section 58H of that Act".

Determination 0101 has not dealt with rates of salary since 4 June 1992 when a Defence Force Remuneration Tribunal determination (Determination No. 6 of 1992), made under section 58H of the Defence Act .1903, took over coverage of this matter. on that date the provisions dealing with the rates of salary were omitted from Determination 0101 by a determination made under section 58B of the Defence Act 1903 (Determination No. 21 of 1992).

In order to identify correctly the source of salary for the regulations in question, the references to Determination 0101 needed to be replaced by references to Determination No. 6 of 1992. The amendment needed to be retrospective so that the references to Determination No. 6 of 1992 had effect from 4 June 1992, when that Determination replaced Determination 0101.

The amendment to regulation 4 of the Principal Regulations could only operate beneficially to increase payments and is therefore not prevented by the Acts Interpretation Act 1901. That Act prohibits retrospective regulations which affect rights disadvantageously or impose liabilities. However, the correction of the wrong reference in regulation 4 is merely a "tidying-up" exercise and does not substantively affect rights.

Changes

The Regulations amend the incorrect references retrospectively, to apply Determination No. 6 of 1992 with effect from 4 June 1992. This is achieved by replacing the references to Determination 0101 in the Principal Regulations with references to Determination No. 6 of 1992.

The effect of the amendment is to correct, with effect from 4 June 1992, the references that establish a minimum rate for benefits payable under the Defence Force Retirement and Death Benefits Scheme.

Commencement

The Regulations are taken to have commenced on 4 June 1992.