DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161, 1977
DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 1. Short title.
DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 An Act to amend the Defence Forces Retirement Benefits Act 1948 and the Defence Force Retirement and Death Benefits Act 1973 and for related purposes. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY Short title 1. This Act may be cited as the Defence Force (Retirement and Death Benefits Amendments) Act (No. 2) 1977.*1* DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 2. Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.*1* (2) The amendments made by sections 5, 11, 12, 13, 14, 15, 16, 17, 24 and 26, sub-sections 27 (2) and 28 (2), section 34, sub-section 35 (1) and sections 36, 38, 39, 40, 41, 42, 46 and 48 shall be deemed to have come into operation on 1 October 1972. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 3. Principal Act
PART II-AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 3. In this Part, the Defence Forces Retirement Benefits Act 1948*2* is referred to as the Principal Act. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 4.
4. After section 12 of the Principal Act the following section is inserted: Delegation ''12A. (1) The Authority may, by resolution, either generally or as otherwise provided in the instrument of delegation, delegate to a member or to a deputy member, or to any other person, all or any of its powers under this Act, other than this power of delegation. ''(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Authority. ''(3) A delegation of a power under this section- (a) may be revoked by resolution of the Authority (whether or not constituted by the persons constituting the Authority at the time the power was delegated); (b) does not prevent the exercise of the power by the Authority; and (c) continues in force notwithstanding a change in the membership of the Authority. ''(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Authority were a person. ''(5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. ''(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 5. Payments to other ranks after 3 years and 6 years service for pension
5. Section 42A of the Principal Act is amended by omitting from sub-section (13) ''having been retired on the ground of invalidity or of physical or mental incapacity to perform his duties'' and substituting ''his having become entitled to invalidity benefit under the Defence Force Retirement and Death Benefits Act 1973''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 6. Power to require invalid pensioners to be medically examined and to furnish information as to employment
6. Section 53B of the Principal Act is amended-
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(a) by inserting in sub-section (4) ''such later day as is determined by the Authority, not being a day later than '' after ''ends on''; and (b) by inserting after sub-section (6A) the following sub-section: ''(6B) Where a person whose pension has been suspended under this section, dies before the pension again becomes payable, he shall, for the purpose of section 57, be deemed to have been entitled to pension immediately before his death and, for the purposes of that section, the pension shall be deemed to have been payable at the rate at which it would have been payable to him if it had not been suspended.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 7. Pension on death of member
7. (1) Section 55 of the Principal Act is amended- (a) by omitting ''of her remarriage'' (wherever occurring) and substituting ''born after the death of the member unless the child is also the child of the member''; and (b) by omitting sub-section (3). (2) Where a widow ceased, upon her remarriage before the date upon which this Act received the Royal Assent, by virtue of sub-section 65 (3) of the Defence Forces Retirement Benefits Act 1948, to be entitled to receive pension under paragraph 55 (1) (a) of that Act, then, for the purpose of ascertaining, at any time, the rate of any additional pension payable in respect of a child under paragraph 55 (1) (b), or sub-section 55 (2), of that Act, the whole of the first-mentioned pension shall be deemed never to have ceased to be payable to her. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 8. Pension on death of pensioner
8. (1) Section 57 of the Principal Act is amended- (a) by omitting ''of her remarriage'' (wherever occurring) and substituting ''born after the death of the pensioner unless the child is also the child of the pensioner''; and (b) by omitting sub-section (5). (2) Where a widow ceased, upon her remarriage before the date upon which this Act receives the Royal Assent, by virtue of sub-section 65 (3) of the Defence Forces Retirement Benefits Act 1948, to be entitled to receive a pension under paragraph 57 (1) (a) of that Act, then, for the purpose of ascertaining, at any time, the rate of any additional pension payable in respect of a child under paragraph 57 (1) (b), or sub-section 57 (4), of that Act the whole of the first-mentioned pension shall be deemed never to have ceased to be payable to her. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 9.
9. After section 63 of the Principal Act the following section is inserted: Special grant of pension ''64. (1) If, at any time after the date of commencement of this section (in this section referred to as the 'commencing date'), a pension is not payable under section 57 of this Act to a person to whom a pension benefit would be payable at that time under Division 1 of Part VI of the Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before a deceased pensioner (including a pensioner who died before the commencing date) ceased to be a member and were the deceased pensioner to have been, at the time of his death, a recipient member under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines. ''(2) If, at any time after the commencing date, a pension is not payable under section 55 or section 57 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 42 of the Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed, and such matters as it considers relevant, determines.
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''(3) If, at any time after the commencing date, a pension is not payable under section 55, 57 or 58 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 43 of the Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines. ''(4) A date specified by the Authority under sub-section (1), (2) or (3) in relation to the granting of an entitlement to pension shall not, unless the Authority is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date upon which the grant is made, and shall not, in any event, be a date earlier than the commencing date. ''(5) A determination by the Authority for the purpose of sub- section (1), (2) or (3) shall be in writing. ''(6) Where, at any time before the commencing date, a pension has been paid to a person under section 57 as the widow of a deceased pensioner, the Authority shall not, under sub-section (1) of this section, grant a pension to any other person in respect of that deceased pensioner. ''(7) The Authority shall not, under sub-section (1), grant a pension to a person unless the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, is satisfied that the person is in necessitous circumstances or that the grant of the pension is otherwise warranted. ''(8) The Authority shall not, under sub-section (1), grant a pension to a female person in relation to a deceased male pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date to the person under this Act had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner. ''(9) The Authority shall not, under sub-section (1), grant a pension to a male person in relation to a deceased female pensioner from a specified date at a rate that exceeds the rate at which a pension would have been payable from that specified date to the person under this Act had the deceased pensioner been a male pensioner and had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner. ''(10) The Authority shall not, under sub-section (2), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child. ''(11) The Authority shall not, under sub-section (3), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act, had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child and had the person become, at the time when he would, in the circumstances set out in sub-section (3) have first become entitled, as an eligible orphan, to pension benefit in section 43 of the Defence Force Retirement and Death Benefits Act 1973, entitled to pension under sub-section (2) of section 55, sub-section (4) of section 57, or sub-section (1) of section 58, of this Act. ''(12) Where a pensioner dies on or after the commencing date and a pension is paid to a person, under section 57, as a widow of the pensioner, then, during the period that the pension continues to be paid, for the purpose of calculating the maximum rate of pension payable under sub-section (1) to another person but not for the purpose of calculating the maximum rate of pension payable under sub-section (2) or (3) to another person, this Act has
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effect as if the reference in paragraph (a) of sub-section (1) of section 57 to five-eighths were a reference to three-eighths. ''(13) The grant by the Authority, under this section, of a pension to a person does not effect the entitlement of any other person under this Act to a pension that is payable otherwise than by virtue of a grant of a pension under this section or the rate of such a pension.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 10. General provisions as to pensions
10. (1) Section 65 of the Principal Act is amended by omitting sub-section (3). (2) Where- (a) a person's entitlement to pension under paragraph 55 (1) (a), or 57 (1) (a), of the Defence Forces Retirement Benefits Act 1948 has ceased, before the date on which this Act receives the Royal Assent, upon the person's remarriage; and (b) the person makes application to the Authority for the resto- ration of that pension and the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, is satisfied that the person is in necessitous circumstances or that the restoration of the pension is otherwise warranted, the Authority may direct that the person's entitlement to that pension be restored with effect from such date as the Authority specifies, and, upon such a direction being given, the person again becomes entitled to that pension from that date at a rate determined by the Authority (being a rate that does not exceed the rate at which the pension would have been payable if the entitlement had not ceased). (3) The date specified by the Authority under sub-section (2) in relation to the restoring of a person's entitlement to pension shall not, unless the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than the date on which this Act receives the Royal Assent. (4) A direction by the Authority under sub-section (2) shall be in writing. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 11. Rights of members who elect to pay transfer value to Board
11. Section 82R of the Principal Act is amended by adding at the end thereof the following sub-sections: ''(11) Upon the transfer of the moneys of the Fund, by virtue of section 21A, to the Commonwealth, this section has effect as if- (a) the requirement in sub-section (3) of this section that an amount be paid to the Fund were a requirement that that amount be paid to the Commonwealth and not to the Fund; and (b) sub-section (6) of this section were amended- (i) by omitting from paragraph (c) 'to the Fund and to the Commonwealth'; (ii) by omitting from paragraph (e) 'withdrawal from the Fund' and substituting 'resignation upon which no benefit other than a refund of contributions is payable'; and (iii) by omitting from paragraph (f) 'will be earned by the assets of the Fund' and substituting 'would have been earned by the assets of the Fund if the moneys of the Fund had not been transferred to the Commonwealth and had included any amounts paid to the Commonwealth in pursuance of paragraph (a) of this sub-section'. ''(12) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 12. Transfer value
12. Section 82X of the Principal Act is amended by adding at the end thereof the following sub-section: ''(4) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 13. Deferred benefits
13. Section 82Y of the Principal Act is amended by adding at the end thereof
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the following sub-section: ''(5) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 14. Election that Division apply
14. Section 82Z of the Principal Act is amended by adding at the end thereof the following sub-section: ''(11) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 15. Person who is entitled to rights under this Division not entitled to other retirement benefits
15. Section 82ZC of the Principal Act is amended by adding at the end thereof the following sub-sections: ''(5) Upon the transfer of the moneys of the Fund, by virtue of section 21A, to the Commonwealth, this section has effect as if- (a) the requirement in sub-section (2) that an amount be paid to the Fund were a requirement that that amount be paid to the Commonwealth and not to the Fund; and (b) sub-section (3) were omitted. ''(6) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 16. Certain former contributors not entitled to benefits under this Division
16. Section 82ZD of the Principal Act is amended by adding at the end thereof the following sub-section: ''(3) In this section, a reference to the Board shall be read as including a reference to the Authority.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 17.
17. Section 82ZG of the Principal Act is repealed and the following section substituted: Person entitled to deferred benefits again becoming a member ''82ZG. (1) Subject to sub-section (2), where a person to whom section 82ZB applies again becomes a member, the deferred benefits applicable in respect of him shall not become, or be, payable while he is a member. ''(2) Where a person to whom section 82ZB applies- (a) having again become a member before 1 October 1972, has not ceased to be a member at any time before that day; or (b) has again become a member on or after that day, the deferred benefits applicable in respect of him cease to be so applicable.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 18. Adjustment of increases in case of certain pensions
18. Section 84B of the Principal Act is amended by omitting sub- sections (1), (2) and (3) and substituting the following sub-sections: ''(1) Where a person in receipt of a pension payable in accordance with section 82ZB would, but for this section, be entitled to an increase in the rate at which the pension was payable to the person immediately before the commencement of the prescribed year and- (a) if the pension became payable to the person otherwise than as a widow-the pension became payable to the person during the year (in this section referred to as the 'preceding year') immediately preceding that prescribed year; (b) if the pension became payable to the person as the widow of another person and pension in accordance with that section was not payable to that other person immediately before his death-the pension became payable to the widow during the preceding year; or (c) if the pension became payable to the person as the widow of another person and pension in accordance with that section was payable to that other person immediately before his death-pension became payable to that other person during that preceding year,
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the following provisions of this section have effect in relation to the first- mentioned pension. ''(2) If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1) (c) applies, to another person in relation to whom the person is a widow, became so payable after 16 June in the preceding year, the person is not entitled to an increase. ''(3) If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1) (c) applies, to another person in relation to whom a person is a widow, became so payable on or before 16 June in the preceding year, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to the last-mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension became payable, and ended on 30 June in the preceding year bears to 12.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 19.
19. Section 84C of the Principal Act is repealed and the following section substituted: Increases in children's pensions ''84C. Section 84 does not apply to a pension payable to or in respect of an eligible child, but, for the purposes of paragraph (b) of sub-section (1) of section 55, sub-section (2) of section 55, paragraph (b) of sub- section (1) of section 57, sub-section (4) of section 57 and sub-section (1) of section 58, regard shall be had to any increase in the rate of a pension payable under paragraph (a) of sub-section (1) of section 55, under paragraph (a) of sub-section (1) of section 57 or under sub-section (3) of section 57 to which, by virtue of this Act, a widow is, or, but for her death or divorce, would be, entitled.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 20. Principal Act
PART III-AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 20. In this Part the Defence Force Retirement and Death Benefits Act 1973*3* is referred to as the Principal Act. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 21. Interpretation
21. (1) Section 3 of the Principal Act is amended- (a) by omitting from sub-section (1) the definition of ''dependent female''; (b) by omitting from sub-section (1) the definition of ''widow'' and substituting the following definition: '' 'widow', in relation to a male person who has died and was, at the time of his death, a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable means- (a) a person who was legally married to the deceased person at the time of the deceased person's death and who, at that time, was living with the deceased person on a permanent and bona fide domestic basis; (b) a person who was legally married to the deceased person at the time of the deceased person's death but who was not living with the deceased person on a permanent and bona fide domestic basis at that time, and who, in the opinion of the Authority, was wholly or substantially dependent upon the deceased person at that time; (c) a person who was not legally married to the deceased person at the time of the deceased person's death but who, for a continuous period of not less than 3 years immediately preceding the deceased person's death, had ordinarily lived with the deceased person as the spouse of the deceased person on a permanent and bona fide domestic basis; and (d) a person who was not legally married to the deceased person at the time of the deceased person's death but who, for a continuous period of less than 3 years immediately preceding the person's death, had ordinarily lived with the deceased person as the spouse of the deceased person, on a permanent and bona fide domestic basis, and who, in the opinion of the Authority was wholly or substantially dependent upon the deceased person at the time of the deceased person's death, but, where the deceased person was, at the time of his death, a recipient member, does not include-
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(e) a person who was legally married to the deceased person at the time of the deceased person's death if the marriage took place after the deceased person had become a recipient member and after the deceased person had attained the age of 60 years unless- (i) the marriage took place not less than 5 years before the deceased persons's death; or (ii) the marriage took place less than 5 years before the deceased person's death but- (A) the person had, immediately preceding the marriage, for a continuous period that commenced while the deceased person was a recipient member and not later than 5 years before the deceased person's death, lived with the deceased person as the spouse of the deceased person on a permanent and bona fide domestic basis; (B) the person had, immediately preceding the marriage, for a continuous period that commenced while the deceased person was a contributing member and not later than 3 years before the deceased person's death, lived with the deceased person as the spouse of the deceased person on a permanent and bona fide domestic basis; or (C) The person had, immediately preceding the marriage, for a continuous period that commenced while the deceased person was a contributing member but later than 3 years before the deceased person's death, lived with the deceased person as the spouse of the deceased person on a permanent and bona fide domestic basis and was, in the opinion of the Authority, wholly or substantially dependent upon the deceased person at the time of the deceased person's death; or (f) a person who was not legally married to the deceased person at the time of the deceased person's death if the person commenced living with the deceased person as the spouse of the deceased person on a permanent and bona fide domestic basis after the deceased person had become a recipient member and after the deceased person had attained the age of 60 years unless the person had so lived with the deceased person for a continuous period of not less than 5 years immediately preceding the deceased person's death;''; and (c) by adding at the end thereof the following sub-section: ''(4) In this Act, a reference to a widower, in relation to a female person who has died shall be read as a reference to a male person who would, had that female person been a male and he a female, have been her widow.''. (2) Section 3 of the Principal Act is further amended by omitting from sub-section (1) the definition of ''fortnightly rate of pay'' and substituting the following definition: '' 'fortnightly rate of pay', in relation to a member of the Defence Force on a particular day, means an amount calculated in accordance with the formula- 14 x A --------, 365 where A is the annual rate of pay applicable to him on that day;''. (3) Notwithstanding the amendments effected by sub-section (1)- (a) a person who was not, for the purposes of the Principal Act, the widow or widower of another person who died before the date on which this Act receives the Royal Assent, shall not be taken, for the purposes of the Principal Act as amended and in force on, or at any time after, that date, to be such a widow or widower by virtue of those amendments; and (b) a person who, by reason of the death before that date of another person, was, for the purposes of the Principal Act, the widow or widower of that other person, shall not be taken, for the purposes of that Act as amended and in force on, or at any time after, that date, to have ceased to be such a widow or widower by virtue of those amendments. (4) Where, but for the operation of this sub-section, a person who was legally married to a recipient member at the time of death of the recipient member, being a recipient member- (a) whom the person had married before the date on which this Act receives the Royal Assent; (b) who had become such a recipient member before that date; and
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(c) who died on or after that date, would not, by virtue only of the amendments effected by sub-section (1), have been the widow or widower of the recipient member for the purposes of the Principal Act as amended and in force after the death of the recipient member, the person shall be taken, notwithstanding those amendments, to be the widow or widower of the recipient member for the purpose of that Act as so amended and in force. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 22. Deputies of members
22. Section 9 of the Principal Act is amended- (a) by omitting from sub-section (1) ''referred to in paragraph 8 (2) (b)''; (b) by omitting sub-section (2) and substituting the following sub-section: ''(2) The Deputy of the Chairman and the deputy of the Member nominated by the Minister shall each be appointed on the nomination of the Minister.''; and (c) by omitting sub-section (8) and substituting the following sub-section: ''(8) In the absence of a member from a meeting of the Authority, the deputy of the member may attend the meeting, and shall be deemed while so attending to have all the powers and functions of a member other than the Chairman or the Deputy Chairman.''. DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT. 23. Irregularities in nomination of members and deputy members