Whole Act
104 provisions in continuous reading order
Loading the complete Act…
This Act may be cited as the Defence Forces Retirement Benefits Act 1948.
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
annual pay, in relation to a member, means the product of his daily rate of pay and 365, less any cents included in that product.
children includes children adopted by a member and dependent on him at the time of his death.
contributor means a member who is or has been contributing under this Act to the Fund.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
daily rate of pay, in relation to a member, means his maximum daily rate of active pay as ascertained in accordance with the regulations.
eligible child means:
a child under the age of 16 years; or
a child who:
has attained the age of 16 years but has not attained the age of 25 years;
is receiving full‑time education at a school, college or university; and
is not ordinarily in employment or engaged in work on his own account.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
initial engagement means an engagement as a member which did not commence immediately upon the termination of a prior engagement as a member.
invalidity benefit means benefit to which a member is entitled by virtue of subsection 51(1) and includes a deferred benefit that is applicable in respect of a person under Division 3 of Part VIC and is payable by virtue of paragraph 82ZB(2)(a).
member means a member of the Defence Force on continuous full time service, but does not include an indigenous inhabitant of Papua New Guinea who, at the time he engaged to serve, or was appointed, as such a member was a resident of Papua New Guinea.
officer means:
in relation to the Navy—a member who is a commissioned officer or subordinate officer, but does not include a petty officer;
in relation to the Army—a member who is a commissioned officer; and
in relation to the Air Force—a member who is a commissioned officer;
and includes a cadet enrolled at the Royal Australian Naval College or at the Royal Military College or a member enlisted in the Permanent Air Force as an air cadet.
period of non‑effective service, in relation to a member, means, subject to subsection 4AA(5), any period of service of the member exceeding 21 consecutive days during which the member was:
on leave of absence without pay;
absent without leave;
awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted; or
undergoing field punishment, detention or imprisonment.
Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force.
rank means:
in relation to a member of the Navy:
his confirmed rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or
if he is provisionally promoted to another rank—that other rank;
in relation to a member of the Army:
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
if he is provisionally promoted to another rank in his permanent corps or unit—that other rank; and
in relation to a member of the Air Force:
his substantive rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or
if he is provisionally promoted to another rank—that other rank.
Reserve means:
in relation to a member of the Navy—the Naval Reserve; and
in relation to a member of the Army—the Army Reserve; and
in relation to a member of the Air Force—the Air Force Reserve.
retirement, in the case of a member not being an officer, includes discharge.
retiring age for the rank held, in relation to a member, means the age for compulsory retirement of a member of the rank, branch and group of the member as prescribed, for the purposes of this Act, by regulations under this Act in force at the date of his retirement.
service means service as a member.
service for pension means continuous full time service as a member after attaining the age of 20 years other than:
in the case of a member other than an officer—service not served under engagement for a definite term; or
subject to subsection (3), service in respect of which a member is not permitted or required to contribute to the Fund.
the appointed date means the date of commencement of this Act.
the Authority means the Defence Force Retirement and Death Benefits Authority established by section 8 of the Defence Force Retirement and Death Benefits Act 1973, as in force before its repeal by item 44 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
the Service means the Navy, the Army or the Air Force as the case requires.
the Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1922‑1948.
For the purposes of this Act, a person shall be deemed to have served as a member during any period (whether before or after the commencement of this subsection) if he served during that period as a member as defined by this section as in force during that period.
For the purposes of this Act, but subject to subsection 4AA(4), a member of the Defence Force 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:
absent with or without leave;
awaiting or undergoing trial on any charge; or
undergoing punishment, detention or imprisonment;
and any such period shall be deemed to be a period of service.
Where a member of the Defence Force not on continuous full time service commences continuous full time service, then, for the purposes of this Act:
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
if he is a member other than an officer on the day on which he so commences—he shall be deemed to have engaged to serve as a member of the Defence Force on that day for the period for which he is to be on continuous full time service.
Where a member of the Defence Force on continuous full time service ceases to be on continuous full time service but continues to be a member of the Defence Force, 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.
In subsections 52(6) and (7), paragraph 52(8)(b) and sections 56A and 72, service for pension includes service in respect of which, by virtue of section 36, a member is not permitted or required to contribute to the Fund.
In determining the service for pension of a member for the purposes of a provision of this Act (other than subsections 52(6) and (7), paragraph 52(8)(b) and section 56A), service of the member immediately before a period in respect of which the member 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.
In this Act, a reference to a Schedule shall be read as a reference to a Schedule to this Act.
Where, by virtue of an election made by a member in pursuance of the Air Force Regulations within a period of 4 months after the commencement of this subsection, the age for compulsory retirement of the member is an age other than the retiring age for the rank held by him, this Act shall apply to and in relation to the member as if the retiring age for the rank held by him were the age for compulsory retirement of the member.
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.
In this section, national serviceman means a member who is a national serviceman or a national service officer for the purposes of the National Service Act 1951‑1968.
Where a national serviceman has been absent on leave of absence without pay for a continuous period that exceeds 30 days, he is not permitted, and shall not be required, to contribute to the Fund in respect of such part of the period during which he is so absent as extends beyond 30 days.
Where a national serviceman dies or is discharged during any period in respect of which, by virtue of subsection (2), he is not permitted or required to contribute to the Fund, pension under this Act, or gratuity under section 52, is not payable to or in respect of him.
In determining the period of service for pension of a national serviceman for the purposes of this Act, any period in respect of which, by virtue of subsection (2), the national serviceman was not permitted or required to contribute to the Fund shall not be treated as a period of service, but service of the national serviceman immediately before such a period and service of the national serviceman immediately after that period shall be deemed to be continuous.
In the application of this Act to or in respect of a national serviceman, period of non‑effective service does not include a period during which the national serviceman is absent on leave of absence without pay.
For the purposes of this Act in its operation before 1 October 1972, members are divided into categories according to their respective rates of annual pay, and each member has a category number ascertained in accordance with subsection (2).
The category number of a member is:
if the annual pay of the member is less than the prescribed amount—the number ascertained in accordance with the formula , where A is the number of dollars in his annual pay or, if the number of dollars in his annual pay is not a multiple of 130, the next lower number that is such a multiple; and
in any other case—the number ascertained in accordance with the formula , where:
B is the number of dollars in the prescribed amount; and
C is the number by which the number of dollars in the member’s annual pay exceeds the number of dollars in the prescribed amount or, if the number so ascertained is not a multiple of 163, the next lower number that is such a multiple.
A reference in this Act to a change in the category of a member shall be read as a reference to a change in his category number.
Where, after the expiration of a period of 2 years after a member has attained the retiring age for the rank held by him, his category changes, the change in category shall be disregarded for the purposes of this Act.
Where the category of a member changes and, as a result of the change, the amount of contribution to be paid fortnightly by him to the Fund would, if he did not make an election under this subsection, become less, he may, by notice in writing given to the Board within 4 months after the change, elect to have that change in category disregarded, and, if he so elects, that change in category shall be disregarded for the purposes of this Act.
In this section, the prescribed amount means such amount, being a multiple of $130, as is specified in the regulations for the purposes of this section.
In making a regulation for the purposes of subsection (4), the Governor‑General shall have regard to any general variations in the rates of annual pay of members that have occurred.
A regulation for the purposes of subsection (4) may be expressed to have taken effect from a date earlier than the date on which the regulation is made, being a date not earlier than 6 months before the date on which the regulation is made.
The cost of the administration of this Act shall be paid out of moneys appropriated from time to time by the Parliament for the purpose.
Any instalment of pension or any other benefit that became or becomes payable under this Act on or after 1 October 1972 must be paid by the Commonwealth and the Consolidated Revenue Fund is appropriated accordingly.
Subject to subsection (2), a member who retires ceases to be a member, for the purposes of this Act, on the day following the date of his retirement.
Where a contributor retires and, without a break in the continuity of his service, again becomes a member, he shall, for the purposes of this Act, be deemed not to have ceased to be a member by reason of that retirement.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This section applies to an officer who:
is a contributor;
has completed 20 years’ service for pension; and
is not entitled to invalidity benefit.
An officer to whom this section applies is entitled, on his retirement on or after attaining the retiring age for the rank held by him, to pension in accordance with the succeeding provisions of this section.
Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.
Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.
Where an officer has completed more than 2 years’ service after attaining the retiring age for the rank held by him, the pension payable to him under this section shall be the pension that would have been so payable if he had retired upon completing 2 years’ service after attaining that retiring age.
This section does not apply to a person who retires on or after 1 October 1972.
This section applies to an officer who:
is a contributor; and
is not entitled on retirement to a pension under section 38 or to invalidity benefit.
Where:
an officer to whom this section applies:
retires on or after attaining the retiring age for the rank held by him; and
had, not later than 2 years after attaining the retiring age for the rank held by him, completed 15 years’ service for pension;
an officer to whom this section applies:
has completed 20 years’ service for pension; and
retires before attaining the retiring age for the rank held by him;
and the Board is satisfied that the purpose of his retirement is to meet the needs of the Service; or
an officer to whom this section applies:
has completed a period of service for pension not less than the period specified in the Fourth Schedule in relation to his rank at the date of his retirement; and
retires with the approval of the Service Board before, but within 3 years of, attaining the retiring age for the rank held by him, being a rank the retiring age for which is an age not greater than 55 years;
and the Board is satisfied that the purpose of the retirement is to enable him to establish himself in civil employment and approves payment of pension under this section to him;
the officer is entitled, on his retirement, to a pension in accordance with the succeeding provisions of this section.
Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.
Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.
In the application of subsections (3) and (3A) to an officer referred to in paragraph (2)(a), the age of that officer at the date of his retirement shall be deemed to be his actual age on that date reduced by:
a period equal to the difference between 20 years and the number of years of service for pension completed by him; and
the number of years of service, if any, completed by him after the expiration of 2 years after he attained the retiring age for the rank held by him.
This section does not apply to a person who retires on or after 1 October 1972.
This section applies to a member, not being an officer, who:
is a contributor;
has completed 20 years’ service for pension; and
is not entitled to invalidity benefit.
A member to whom this section applies is entitled to a pension on his retirement after completion of his engagement or, if he has had successive and continuous engagements, after completion of the last of those engagements.
Subject to this Act, the rate at which pension is payable to a member under this section is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement and, except where he has completed 40 years’ service for pension, multiplying the result by the factor set out in the third column of the Second Schedule opposite to the number of years set out in the second column of that Schedule that is the number of years of service for pension completed by him.
This section does not apply to a person who retires on or after 1 October 1972.