Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 4

             (1)  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.

"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)  a child under the age of 16 years; or

                     (b)  a child who:

                              (i)  has attained the age of 16 years but has not attained the age of 25 years;

                             (ii)  is receiving full‑time education at a school, college or university; and

                            (iii)  is not ordinarily in employment or engaged in work on his own account.

"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:

                     (a)  in relation to the Navy--a member who is a commissioned officer or subordinate officer, but does not include a petty officer;

                     (b)  in relation to the Army--a member who is a commissioned officer; and

                     (c)  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:

                     (a)  on leave of absence without pay;

                     (b)  absent without leave;

                     (c)  awaiting or undergoing trial on a charge in respect of an offence of which he was later convicted; or

                     (d)  undergoing field punishment, detention or imprisonment.

"Permanent Forces" means the Permanent Navy, the Regular Army or the Permanent Air Force.

"rank" means:

                     (a)  in relation to a member of the Navy:

                              (i)  his confirmed rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or

                             (ii)  if he is provisionally promoted to another rank--that other rank;

                     (b)  in relation to a member of the Army:

                              (i)  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

                             (ii)  if he is provisionally promoted to another rank in his permanent corps or unit--that other rank; and

                     (c)  in relation to a member of the Air Force:

                              (i)  his substantive rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or

                             (ii)  if he is provisionally promoted to another rank--that other rank.

"Reserve" means:

                     (a)  in relation to a member of the Navy--the Naval Reserve; and

                     (b)  in relation to a member of the Army--the Army Reserve; and

                     (c)  in relation to a member of the Air Force--the Air Force Reserve.

"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.

"retirement" , in the case of a member not being an officer, includes discharge.

"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:

                     (a)  in the case of a member other than an officer--service not served under engagement for a definite term; or

                     (b)  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 the Defence Force Retirement and Death Benefits Act 1973 .

"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 .

          (1A)  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.

             (2)  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:

                     (a)  absent with or without leave;

                     (b)  awaiting or undergoing trial on any charge; or

                     (c)  undergoing punishment, detention or imprisonment;

and any such period shall be deemed to be a period of service.

          (2A)  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:

                     (a)  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

                     (b)  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.

          (2B)  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.

             (3)  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.

             (4)  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.

             (5)  In this Act, a reference to a Schedule shall be read as a reference to a Schedule to this Act.

             (6)  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.

             (7)  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.