Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 5

5. (1) In this Part, unless the contrary intention appears-

'' Defence Forces Retirement Benefits Act'' means the Defence Forces 
Retirement Benefits Act 1948 , and includes any other Act relating to
retirement benefits for members of the Defence Force that came into operation
before 1 October 1972 and that modifies or affects the provisions of the
Defence Forces Retirement Benefits Act 1948;

'' Defence Forces Retirement Benefits Act 1948'' means the Defence Forces 
Retirement Benefits Act 1948 or that Act as amended and in force from time to
time;

''pension'' means a pension payable under the Defence Forces Retirement 
Benefits Act ;

''prescribed year'' means the year commencing on 1 July 1974 or the year
commencing on 1 July 1975.

(2) Subject to sub-section (3), if, at any time, whether before or after the
commencement of this section, the Statistician has published in respect of a
particular March quarter or June quarter an all groups consumer price index
number for the weighted average of the 6 State capital cities or an estimate
of the seasonally adjusted average weekly earnings per employed male unit
throughout the Commonwealth in substitution for an index number or estimate
previously published by him in respect of that quarter, the publication of the
later index number or estimate shall be disregarded for the purposes of this
Part.

(3) Notwithstanding sub-section (2), if, at any time after the commencement of
this section the Statistician changes the reference base for the Consumer
Price Index, then, for the purposes of the application of this Part after the
change takes place, regard shall be had only to index numbers published in
terms of the new reference base.

(4) If the prescribed percentage for the purposes of section 6 or 7 is or
includes a fraction of one-tenth of 1 per centum-

   (a)  if that fraction is less than one-half of one-tenth-that fraction
        shall be disregarded; and

   (b)  if that fraction is not less than one-half of one-tenth-that fraction
        shall be treated as one-tenth.