Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS (AMENDMENT) 1992 NO. 93

STATUTORY RULES 1992 No. 93

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS (AMENDMENT)

The Defence Forces Retirement Benefits Regulations ("the Regulations"), made under the Defence Forces Retirement Benefits Act 1948 ("the Act"), prescribe various matters for carrying out or giving effect to the Act.

The Act provides for the payment of retirement benefits to former members of the Defence Force who ceased service before 1 October 1972 (the date the scheme under the Defence Force Retirement and Death Benefits Act 1973 came into effect), and to the widows and dependants of those former members. (Serving members of the Defence Force who were covered by the Defence Forces Retirement Benefits ("DFRB") scheme were transferred to the Defence Force Retirement and Death Benefits scheme on 1 October 1972, and there have been no new contributors to the DFRB scheme since that date.)

The Regulations contained provisions that were linked to sections of the Act that no longer exist, and provisions (including some relating to contributions under the DFRB scheme) that were no longer operative.

The Regulations also contained an unnecessary definition, and a provision dealing with the payment of pensions that was adequately covered by the Act itself.

The Statutory Rule removes these obsolete and unnecessary provisions, and also makes minor drafting amendments.

The Attachment contains details of the provisions that have been removed, as well as details of the minor drafting amendments.

The Statutory Rule comes into operation on the day of gazettal.

ATTACHMENT

AMENDMENTS REMOVING OBSOLETE AND UNNECESSARY PROVISIONS AND MAKING MINOR DRAFTING AMENDMENTS

Regulation 2 of the Regulations, which is an interpretation provision, has been replaced by a new provision which makes a drafting change to the citation of the Act. (A provision in regulation 2 which extended the meaning of Air Marshal to include Air Chief Marshal was not remade, as that provision no longer applied to any person.)

Regulations 3 and 4 of the Regulations, which dealt with certain aspects of contributions under the DFRB scheme, were obsolete as no contributions have been required under the DFRB scheme since 1 October 1972.

Regulation 5 of the Regulations, which deals with payments under the DFRB scheme, contained obsolete references to gratuities and the refund of contributions. These matters have not been covered by the scheme since 1 October 1972. Regulation 5 also contained a reference to the Treasury Regulations which no longer exist, and a provision dealing with the fortnightly payment of pensions which was adequately covered by section 66 of the Act. The amendment therefore replaces regulation 5 with a provision that is not tied to these unnecessary and obsolete references.

Regulation 6 of the Regulations, which dealt with payments by the Commonwealth to the DFRB Fund, was obsolete as the Fund has been wound up, and benefits under the Act are now paid from Consolidated Revenue.

Regulation 7 of the Regulations contained an obsolete provision (paragraph 7(b)), which dealt with the furnishing of evidence that a person in receipt of a widow's pension had not re-married. This provision had not had any effect since 1977 when an associated Act provision (which provided that a widow's pension ceased on re-marriage) was repealed.

Regulation 8 of the Regulations, which prescribed the rate of interest for the purposes of accounts under subsection 17(5) of the Act, was obsolete as section 17 has been repealed.

Regulation 8A of the Regulations was obsolete as it prescribed the rate of interest in respect of benefits for the purposes of various sections of the Act which have been repealed.

Regulation 8B of the Regulations, which prescribed the rate of interest for the purposes of subsections 75(2) and (3) of the Act, was obsolete as section 75 (which dealt with assurance policies) has been repealed.

Regulation 9 of the Regulations, which specified the periods for elections required to be made by members under various provisions of the Act, was obsolete as elections are no longer made under the Act.

Regulation 10 of the Regulations, which prescribed Commonwealth authorities for the purposes of the Act, no longer served any purpose.

Regulation 10A of the Regulations, which prescribed corps and services for the purposes of contribution rates under subsection 30(3) of the Act, was obsolete as no contributions have been made under the DFRB scheme since 1 October 1972.

Regulations 11, 12 and 13 of the Regulations, which dealt with deferred pay and interest for the purposes of section 78 of the Act, were obsolete as section 78 has been repealed.

Regulation 15A of the Regulations, which dealt with rates of pay before retirement for the purposes of section 53A of the Act, was obsolete as section 53A has been repealed.

Regulation 24 of the Regulations, which dealt with the liability of certain officers to contribute, was obsolete as no contributions have been made since 1 October 1972.