Commonwealth Numbered Acts

DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973 No. 86 of 1973 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''actuarial member'', in relation to the Board, means the member of the Board
who is the Commonwealth Actuary or the member of the Board appointed under
sub-section 10 (2), as the case requires;

''actuary'' means a Fellow of the Institute of Actuaries (London), a Fellow of
the Faculty of Actuaries (Edinburgh) or any other person of whose actuarial
knowledge and experience the Governor-General approves;

''Administration'' has the same meaning as in the Papua New Guinea Act;

''Administrator'' has the same meaning as in the Papua New Guinea Act;

''benefit'' means benefit under this Act;

''Board'' means the Defence Force (Papua New Guinea) Retirement Benefits Board
established by this Act;

''child'' means a child who is under the age of sixteen years;

''contribution'' means a contribution under this Act to the Fund;

''contributor'' means a person who is required or permitted to contribute to
the Fund under this Act;

''daily rate of pay'', in relation to a member, in relation to a particular
time, means the daily rate of pay for his rank at that time as prescribed for
the purposes of this definition or, if it is not so prescribed, the sum of the
daily rate of pay for his rank, and the daily rate of living out allowance, at
that time, prescribed by or under the Defence Act or the Naval Defence Act,
whichever is applicable;

''Defence Act'' means the Defence Act 1903-1970;

''District Court'' means a District Court established by or under an Ordinance
of Papua New Guinea;

''enlisted member'' means a member other than an officer;

''Fund'' means the Defence Force (Papua New Guinea) Retirement Benefits Fund
established by this Act;

''gratuity'' means a gratuity under this Act;

''invalidity benefit'' means benefit to which a member is entitled by virtue
of section 43;

''marriage'' includes a native customary marriage that is valid and effectual
by virtue of an Ordinance of Papua New Guinea relating to marriage,
and ''married'' has a corresponding meaning;

''member'' means a person who-

   (a)  is an indigenous inhabitant of Papua New Guinea and a member of the
        Service; and

   (b)  at the time when he engaged to serve, or was appointed, as a member of
        the Service, was a resident of Papua New Guinea;

''Naval Defence Act'' means the Naval Defence Act 1910-1968;

''officer'' means-

   (a)  in relation to the Naval Forces-a member who is a commissioned officer
        or subordinate officer, but does not include a warrant officer, chief
        petty officer or petty officer; or

   (b)  in relation to the Military Forces-a member who is a commissioned
        officer,

and includes a cadet enrolled at an officer cadet school;

''Papua New Guinea Act'' means the Papua New Guinea Act 1949-1973;

''pension'' means pension under this Act, and ''pensioner'' has a
corresponding meaning;

''permanent officer'' means an officer serving under a commission other than a
short service commission;

''rank'' means-

   (a)  in relation to a member of the Naval Forces-

        (i)    his confirmed rank or, if he is appointed provisionally or on
               probation, the rank to which he is so appointed; or

        (ii)   if he is provisionally promoted to another rank-that other
               rank; or

   (b)  in relation to a member of the Military Forces-

        (i)    his substantive rank in his permanent corps or unit or, if he
               is appointed provisionally or on probation, the rank to which
               he is so appointed in his permanent corps or unit; or

        (ii)   if he is provisionally promoted to another rank in his
               permanent corps or unit-that other rank;

''retirement'', in relation to an enlisted member, includes discharge, and
''retired'' and ''retires'' have corresponding meanings;

''retiring age for the rank held'', in relation to a member, means the age for
compulsory retirement of a member of the rank and branch of the member as
prescribed;

''service'' means service as a member;

''service for pension'' means continuous full time service as a member, but
does not include-

   (a)  in the case of an enlisted member-service not served under engagement
        for a definite term; or

   (b)  subject to sub-section (6), service in respect of which a member is
        not permitted or required to contribute to the Fund;

''the Service'' means the Military Forces or the Naval Forces, as the case
requires;

''the Service Board'' means the Military Board or the Naval Board, as the case
requires.

(2) A reference in this Act to a statutory declaration includes a reference to
a declaration made by virtue of a law of Papua New Guinea relating to the
making of declarations.

(3) For the purposes of this Act, a member of the Service on continuous full
time service shall not be deemed to have ceased to be on continuous full time
service during any period when he is-

   (a)  absent with or without leave;

   (b)  awaiting or undergoing trial on any charge; or

   (c)  undergoing punishment, detention or imprisonment, and any such period
        shall be deemed to be a period of service.

(4) Where a member of the Service not on continuous full time service
commences continuous full time service, then, for the purposes of this Act-

   (a)  if he is an officer on the day on which he so commences-he shall be
        deemed to have been appointed as an officer on that day for the period
        for which he is to serve on continuous full time service; and

   (b)  if he is an enlisted member on the day on which he so commences-he
        shall be deemed to have engaged to serve as a member of the Service on
        that day for the period for which he is to be on continuous full time
        service.

(5) Where a member of the Service on continuous full time service ceases to be
on continuous full time service but continues to be a member of the Service,
he shall, for the purposes of this Act, be deemed to have retired on the day
on which he ceases to be on continuous full time service.

(6) For the purposes of sub-section 44 (4) and sections 41 and 57, service in
respect of which, by virtue of section 36, a member is not permitted or
required to contribute to the Fund shall be deemed to be service for pension.

(7) In determining the service for pension of a member for the purposes of a
provision of this Act (other than sub-section 44 (4) and section 41), service
of the member immediately before a period in respect of which he was not
permitted or required to contribute to the Fund by virtue of section 36 and
service of the member immediately after that period shall be deemed to be
continuous.

(8) For the purposes of this Act, an officer shall be deemed to be serving
under a short service commission if his appointment as an officer is for a
period specified in the appointment.

(9) For the purposes of this Act, an enlisted member shall not be taken to
have completed an engagement unless he has served under the engagement up to
the date on which the engagement was due to terminate.