Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT) 1995 NO. 49

STATUTORY RULES 1995 No. 49

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 (Annual Rates of Pay) Regulations (Amendment)

Background

Subsection 3 (1) of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act) provides for a member's "annual rate of pay" to be prescribed. Subsection 131(1) of the DFRDB Act provides that the Governor-General may make regulations prescribing matters for carrying out or giving effect to the Act.

The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (the Principal Regulations) prescribe the annual rates of pay, for the purposes of subsection 3(1) of the DFRDB Act. Contributions and benefits under the Defence Force Retirement and Death Benefits Scheme are calculated on the basis of the prescribed rates.

The Regulations amend the Principal Regulations, to correct references to a salary determination which has now been superseded.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 annual rates of pay by reference to "Determination 010111. "Determination 010111 was defined by subregulation 3(1) 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 of or 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 Attorney-General's Department has advised that the amendment to the Principal Regulations is not prevented by the Acts Interpretation Act 1901. That Act prohibits retrospective regulations which affect rights disadvantageously or impose liabilities. The Attorney-General's Department has concluded that the correction of the wrong crossreferences 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 provide the basis for the deduction of contributions and the payment of benefits under the Defence Force Retirement and Death Benefits Scheme.

Commencement

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