Defence Force (Salaries) Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 314

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this seventeenth day of October 1980.

D. J. KILLEN

Minister of State for Defence

AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2

Interpretation

 1. Regulation 4 of the Defence Force (Salaries) Regulations is amended —

• (a)

  by omitting from the definition of “category M member”, “male”;

• (b)

  by omitting from the definition (first occurring) of “category MS member”, “male”;

• (c)

  by omitting the definition of “child” and substituting the following definition:

“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

• (a)

  the member;

• (b)

  the spouse or the de facto spouse of the member; or

• (c)

  a person who was formerly the spouse or the de facto spouse of the member,

who—

• (d)

  is less than 21 years of age and is wholly or substantially dependent on the member; or

• (e)

  is 21 years of age or over and is through illness or infirmity, wholly or substantially dependent on the member;”;

• (d)

  by omitting the definition of “de facto wife”, and substituting the following definition:

“ ‘de facto spouse’, in relation to a member, means a person who, although not legally married to a member, lives with that member on a permanent and bona fide domestic basis as a spouse and de facto relationship has a corresponding meaning;”;

• (e)

  by omitting from the definition of “dependant”, “wife” (wherever occurring) and substituting “spouse”;

• (f)

  by omitting from sub-regulation (2), “wife” (wherever occurring) and substituting “spouse”;

• (g)

  by inserting after sub-regulation (2) the following sub-regulations:

  • “(2A)

    In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.

  • “(2B)

    In these Regulations, a reference to a member married to another member includes a member living with another member in a de facto relationship.”; and

• (h)

  by omitting from sub-regulation (3) “sub-regulations (1) and (2)” and substituting “sub-regulations (1), (2), (2A) and (2B)”.

Living out allowance

 2. Regulation 11 of the Defence Force (Salaries) Regulations is amended by omitting sub‑regulation (11).

Rental allowance—members marrying during posting exceeding 6 months

 3. Regulation 12A of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) “This regulation” and substituting “Subject to regulations 12B, 12C, 12D, 12E, 12F and 12G of this regulation”.

 4. The Defence Force (Salaries) Regulations are amended by inserting after regulation 12A the following regulations:

Members of different ranks jointly maintaining a home

• “12B.

  Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to both members, regulation 12A shall not apply to the member who holds the lower rank.

Members of like rank jointly maintaining a home

• “12C.

  Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to both members, regulation 12A shall not apply to the member with the lower seniority in that rank.

Entitlement to rental allowance under other provisions

• “12D.

  Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to one of those members (hereinafter called the first mentioned member) and the other member (hereinafter called the second mentioned member) has an entitlement to an allowance in respect of rental assistance for that home under regulation 128 of the Military Financial Regulations or regulation 608 of the Air Force Regulations, regulation 12A shall not apply to the first mentioned member where that first mentioned member holds a lower rank than the second mentioned member.

• “12E.

  Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to one of the members (hereinafter called the first mentioned member) and the other member (hereinafter called the second mentioned member) has an entitlement to an allowance in respect of rental assistance for that home under regulation 128 of the Military Financial Regulations or regulation 608 of the Air Force Regulations, regulation 12A shall not apply to the first mentioned member where that first mentioned member has seniority in that rank which is lower than that of the second mentioned member.

• “12F.

  For the purposes of regulations 12B, 12C, 12D and 12E, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.

• “12G.

  Where the members referred to in regulation 12F do not nominate the home to be considered as the home jointly maintained by them for their dependants, regulation 12A shall not apply to either member.”.

Salary and Allowances Payable to the Chief of Defence Force Staff

 5. Part VII of the Defence Force (Salaries) Regulations is repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 1980.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also