Document ID: chunk:federal_register_of_legislation:C2004A00007:section:4:p1
Version: federal_register_of_legislation:C2004A00007
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 1330–4101

4  Interpretation

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

Defence Forces Retirement Benefits Act means the Defence Forces Retirement Benefits Act 1948‑1973, and includes any other Act relating to retirement benefits for members of the Defence Force that came into operation before 1st October, 1972, and that modifies or affects the provisions of the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time.

pension means a pension payable under the Defence Forces Retirement Benefits Act immediately before 1st July, 1973, in respect of the retirement or death of a contributor on or before 30th September, 1972.

 (2) For the purposes of this Act, the prescribed percentage is whichever is the lower of:
 (a) 1.4 times the percentage ascertained in accordance with the formula
           ; or
 (b) the percentage ascertained in accordance with the formula
           ,
where:

A is the all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the March quarter of the year 1973;

B is the all groups consumer price index number for the weighted average of the six State capital cities published by the Commonwealth Statistician in respect of the June quarter of the year 1971;

C is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the March quarter of the year 1973; and

D is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia published by the Commonwealth Statistician in respect of the June quarter of the year 1971.

 (3) If, at any time, whether before or after the commencement of this Act, the Commonwealth Statistician has published in respect of the March quarter of the year 1973 or the June quarter of the year 1971, an all groups consumer price index number for the weighted average of the six State capital cities or an estimate of the seasonally adjusted average weekly earnings per employed male unit throughout Australia in substitution for an index number or estimate previously published by him in respect of that quarter, the publication of the later index number or estimate shall be disregarded for the purposes of this Act.

 (4) If the prescribed percentage for the purposes of this Act is or includes a fraction of one‑tenth of one per centum:
 (a) if that fraction is less than one‑half of one‑tenth—that fraction shall be disregarded; and
 (b) if that fraction is not less than one‑half of one‑tenth—that fraction shall be treated as one‑tenth.

 (5) Where a contributor has died after his retirement, a pension