Federal Register of Legislation - Australian Government

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Act No. 128 of 1976 as amended, taking into account amendments up to Act No. 8 of 2005
An Act to provide for the Distribution amongst certain Defence Force Pensioners of certain of the moneys paid out of the Defence Forces Retirement Benefits Fund to the Commonwealth
Administered by: Defence
Registered 03 Mar 2005
Start Date 22 Feb 2005
End Date 23 Mar 2006
Date of repeal 23 Mar 2006
Repealed by Statute Law Revision Act 2006

Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976

Act No. 128 of 1976 as amended

[Note: This Act was repealed by Act No. 9 of 2006 on 23 March 2006]

This compilation was prepared on 2 March 2005
taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra

  

  

  


Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation...................................................................................... 1

4............ Object of Act...................................................................................... 2

5............ Allocation of amount to be distributed............................................... 3

6............ Payments of amounts in respect of individual pensioners................. 3

7............ Assignment and attachment of amounts payable under this Act....... 3

8............ Appropriation.................................................................................... 4

Notes                                                                                                                                              5


An Act to provide for the Distribution amongst certain Defence Force Pensioners of certain of the moneys paid out of the Defence Forces Retirement Benefits Fund to the Commonwealth

1  Short title [see Note 1]

                   This Act may be cited as the Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

Actuary means the Australian Government Actuary.

Board means the Defence Forces Retirement Benefits Board constituted by the Defence Forces Retirement Benefits Act 1948 as amended and in force before the commencement of section 91 of the Defence Legislation Amendment Act 1984.

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.

distribution date means a date fixed by the Minister by notice published in the Gazette as the distribution date for the purposes of this Act.

eligible pensioner means a person, or a deceased person, to or in respect of whom, at any time during the relevant period, pension, other than a non-contributory pension, was, by reason of the person’s having been a contributor to the Fund, payable under the Defence Forces Retirement Benefits Act or would, but for the pension’s having been suspended, have been so payable, but does not include such a person, or such a deceased person, who was not:

                     (a)  in the case of a person who died during the relevant period—immediately before his death; or

                     (b)  in any other case—immediately before the expiration of the relevant period;

entitled to a pension by reason of his having been reclassified as Class C under section 53 of the Defence Forces Retirement Benefits Act 1948.

Fund means the Defence Forces Retirement Benefits Fund established under the Defence Forces Retirement Benefits Act 1948.

relevant period means the period that commenced on 1 July 1964 and ended on 30 September 1972.

             (2)  Where, on 30 September 1972, deferred benefits were applicable under section 82ZB of the Defence Forces Retirement Benefits Act 1948 in respect of a person who was, at some time, whether during the relevant period or not, a contributor to the Fund, but had not become payable to or in respect of the person on or before that date, the person shall be deemed to be an eligible pensioner within the meaning of this Act.

             (3)  Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948-1975 have, in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

4  Object of Act

                   The object of this Act is to make provision for and in relation to the distribution to or in respect of eligible pensioners of the amount of $6,337,000, being the amount which the Board, in the report of the Board relating to the assets and liabilities of the Fund at 30 September 1972 that was laid before the House of Representatives on 28 April 1976, recommended be distributed to pensioners.

5  Allocation of amount to be distributed

             (1)  The Authority shall allocate among eligible pensioners, in such manner as the Minister, after receiving advice from the Actuary, determines, the amount nearest to the amount referred to in section 4 that it is practicable to allocate in that manner among those pensioners.

             (2)  In furnishing advice to the Minister for the purposes of subsection (1), the Actuary shall have regard to actuarial principles and practice and shall take into account all matters relevant to ensure that the amount to be distributed will be allocated among eligible pensioners on a fair and reasonable basis.

6  Payments of amounts in respect of individual pensioners

                   As soon as practicable after the making of the determination under section 5, there shall be paid:

                     (a)  to each eligible pensioner; or

                     (b)  if he has died—to such person as the Authority considers proper having regard to all the circumstances of the case;

an amount equal to the sum of:

                     (c)  the amount allocated to the pensioner under section 5; and

                     (d)  the amount that, if compound interest were payable on the amount referred to in paragraph (c), calculated at the rate of $6.583 per centum per annum, in respect of the period commencing on 1 October 1972 and ending on the distribution date, would be the amount of that interest.

7  Assignment and attachment of amounts payable under this Act

                   Sections 85 and 85A of the Defence Forces Retirement Benefits Act 1948 apply in relation to any amount payable under this Act as if the amount were benefit payable under that Act.

8  Appropriation

                   Payments in accordance with this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.


Notes to the Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976

Note 1

The Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976 as shown in this compilation comprises Act No. 128, 1976 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976

128, 1976

24 Nov 1976

24 Nov 1976

 

Defence Legislation Amendment Act 1984

164, 1984

25 Oct 1984

Part IX
(ss. 99–102): 22 Nov 1984 (a)

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

S. 4 and Schedule 1 (items 134, 496): Royal Assent

S. 4 and Sch. 1 (item 496)


(a)     The Defence Forces Retirement Benefits Fund (Distribution of Surplus to Pensioners) Act 1976 was amended by Part IX (sections 99-102) only of the Defence Legislation Amendment Act 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title......................................

am. No. 8, 2005

S. 3......................................

am. No. 164, 1984

Ss. 5, 6................................

am. No. 164, 1984


Table A

Application, saving or transitional provisions

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4  Saving of matters in Part 2 of Schedule 1

             (1)  If:

                     (a)  a decision or action is taken or another thing is made, given or done; and

                     (b)  the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

             (2)  In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

496  Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.