Commonwealth legislation

Defence Force Retirement and Death Benefits Regulations (Amendment)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

324 of 1985

Collection

legislative instrument

Plain English Summary

2/10 complexity

This amendment makes two technical fixes to military superannuation rules: it clarifies that references to "Determination 0101" mean the current, updated Defence Force pay scales, and it corrects the basic salary reference for a Private so calculations use the updated pay-level definition. It affects current and former ADF members whose retirement or death benefits rely on Private’s basic pay.

It matters because it ensures benefits are calculated from up-to-date pay rates and removes a technical inconsistency that could cause incorrect payments.

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Current sections

Direct links to the current provisions in Defence Force Retirement and Death Benefits Regulations (Amendment).

Defence Force Retirement and Death Benefits Regulations (Amendment)

Commonwealth Coat of Arms of Australia

Statutory Rules 1985 No. 3241

Defence Force Retirement and Death

Benefits Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Force Retirement and Death Benefits Act 1973.

Dated 28 November 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Brown

Minister of State for Sport, Recreation and Tourism

for and on behalf of the

Minister of State for Defence

Commencement

1. (1) Regulation 3 shall be deemed to have come into operation on 31 December 1984.

(2) Regulation 2 shall be deemed to have come into operation on 5 September 1985.

Interpretation

Regulation 3 of the Defence Force Retirement and Death Benefits Regulations is amended by adding “, as in force from time to time as modified from time to time by determinations made under section 58h of that Act” at the end of the definition of “Determination 0101”.

Prescribed basic annual rate of pay

Regulation 4 of the Defence Force Retirement and Death Benefits Regulations is amended—

(a) by adding at the end of sub-paragraph (a) (iv) “as the rate of salary at pay level 1 in relation to the rank of Private”; and

(S.R. 295/85)—Cat. No. 11/16.10.1985

(b) by omitting from sub-paragraph (b) (iv) “specified in Schedule 5 to Determination 0101” and substituting “referred to in sub-paragraph (a) (iv)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 December 1985.

2. Statutory Rules 1973 No. 260 as amended by 1974 No. 220; 1976 No. 63; 1979 No. 91; 1984 Nos. 186 and 395.

Printed by Authority by the Commonwealth Government Printer

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Defence Force Retirement and Death Benefits Regulations (Amendment)