Commonwealth Numbered Regulations - Explanatory Statements

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MILITARY SUPERANNUATION AND BENEFITS REGULATIONS 1992 NO. 334

STATUTORY RULES 1992 No. 334

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

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS REGULATIONS

The Military Superannuation and Benefits Act 1991 (the Act) establishes a new superannuation scheme for members of the Defence Force, and provides for the payment of a retention benefit to certain members of the new scheme who have completed 15 years of continuous eligible service.

Section 40 of the Act specifies the circumstances where a member of the new scheme is liable to repay part of the benefit. Paragraphs 40(1)(a) and (b) provide that a member is liable to repay an amount of the benefit where the member ceases to be eligible to receive the benefit, or where an officer resigns or an enlisted member is discharged on request. In addition, paragraph 40(1) (c) provides that a member is liable to repay an amount of the benefit where the member's service is terminated for a prescribed reason.

Section 52 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The Statutory Rule makes new Military Superannuation and Benefits Regulations which prescribe the reasons for termination that apply for the purpose of paragraph 40(1)(c) of the Act.

The reasons that are prescribed by the Statutory Rule for the purpose of paragraph 40(1)(c) are the dismissal of a member by a service tribunal for an offence under the Defence Force discipline Act 1982, and the discharge of an enlisted member under the Air Force Regulations, Australian Military Regulations or Naval Forces Regulations because he or she has been absent without leave for a period exceeding three months. (The provision in the Australian Military Regulations that is prescribed also covers the discharge of an enlisted member who has had frequent absent without leave convictions. However, this element will be proposed for omission as part of a general review of the Australian Military Regulations.)

The Statutory Rule came into operation on the date of gazettal.