Civilian Staff Regulations (Amendment)

Legislation au C1931L00048 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 48.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1927, to come into operation as from 16th April, 1931.

Dated this sixth day of May, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY,

Minister of State for Defence.

 

Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63.

(Statutory Rules 1926, No. 209, as amended to date.)

Amendments.

1. Regulation 117 b is amended—

(a) by deleting from paragraph (iii) of sub-regulation (1.) the words and figures “receiving salary not exceeding £600 per annum”.

(b) by deleting from sub-regulation (1.) the words and figures—

“Provided that no increase shall be granted under this sub-regulation which would raise the salary of any officer to an amount exceeding £600 per annum”.

(c) by repealing sub-regulations (3.) and (4.).

2. After Regulation 117 b the following Regulations are inserted:—

“117c. Notwithstanding anything contained in Regulations 116 to 117 b (inclusive) of these Regulations, salaries payable in pursuance of the provisions of those Regulations shall, subject to the next succeeding Regulation, be varied in the following manner on and from the sixteenth day of April, 1931, up to and including the thirtieth day of June, 1931—

(i) In the case of officers under 21 years of age—by decrease at the rate of £9 per annum;

(ii) In the case of adult female officers—by decrease at the rate of £12 per annum; and

(iii) In the case of adult male officers—by decrease at the rate of £18 per annum.

Provided that in the case of officers in receipt of salary in excess of the maximum salary at which the office occupied by the officer is classified under these Regulations reduction shall be at the rate of £6

1139.—Price 3d.


in respect of adult male officers, plus in each case the actual amount of increase granted the officer subsequent to 21st September, 1924, under Regulation 117b:

And provided further that this Regulation shall not apply to Foremen.”

“117 d. Where any periodical payment of the Salary of an officer would, if no decrease in pursuance of Regulations 117b or 117c of these Regulations were effected, be of such amount as would be subject, under the Income Tax (Salaries) Assessment Act 1930 and the Income Tax (Salaries) Act 1930 or under any Acts amending or in substitution for those Acts, to a deduction by way of income tax—

(a) of not less than ten per centum of that payment—no decrease in respect of that payment shall be made under either of those Regulations; and

(b) of less than ten per centum of that payment—no decrease shall be made under either of those Regulations in respect of that payment except—

(i) such amount as would, together with the deduction which would be so made by way of income tax, reduce the payment by ten per centum; or

(ii) the amount by which the payment would, except for this Regulation, have been decreased, whichever is the less.”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Statutory Rules 1931 No. 48, Regulations Under the Defence Act 1903-1927, were enacted to make amendments to the Defence Act, specifically addressing the remuneration of civilian staff within the defence sector. These regulations were introduced to respond to the economic conditions of the time, particularly the need to adjust salaries to align with the economic downturn, while also considering the impact on income tax deductions. The regulations were made by the Governor-General in Council, under the authority of the Defence Act, to come into effect from April 16, 1931. The policy objective behind these amendments was to adjust the salaries of civilian staff in a manner that balanced financial constraints with the need to maintain a fair income for employees, particularly in light of income tax implications.

Scope and Application

The Statutory Rules 1931, No. 48, made under the Defence Act 1903-1927, concern regulations for civilian staff within the defence sector, excluding government factories. These regulations are specifically aimed at modifying the salary structures of civilian employees within the defence sector, effective from April 16, 1931. The scope of these regulations applies to civilian staff who are not employed in government factories, and they cover the alteration of salary amounts based on the age and gender of the officers. Notably, these regulations also stipulate that reductions in salary should not result in the officer’s income being subject to a tax deduction of at least ten percent under the relevant income tax acts. The regulations do not apply to foremen and certain salary reductions are contingent on the officer's existing salary and the specific tax implications of the salary adjustment. This legislative instrument extends its application across the Commonwealth, impacting civilian staff within the defence sector nationally.

Key Provisions

The Regulations under the Defence Act 1903-1927, specifically addressing civilian staff other than those working in government factories, include several key provisions. Firstly, Regulation 117b has been amended to remove the previous salary limit of £600 per annum for officers and to repeal sub-regulations (3) and (4) (Regulation 1). Secondly, new regulations have been introduced to adjust salaries between April 16 and June 30, 1931. Officers under 21 years of age face a salary decrease of £9 per annum, while adult female officers face a decrease of £12 per annum and adult male officers face a decrease of £18 per annum (Regulation 117c). These decreases do not apply to officers earning more than the maximum salary for their position, and also exclude foremen (Regulation 117c). Furthermore, the regulations specify that no salary decrease will be made if it would result in an income tax deduction of at least 10% on the officer's pay, except in specific cases where the decrease would be adjusted to ensure the total reduction, including the tax, equals 10% of the salary (Regulation 117d). These regulations impose obligations on civilian staff, particularly concerning salary adjustments. Officers must comply with the stipulated salary decreases unless they fall under specific exemptions such as being under 21 years of age, being a foreman, or having a salary that would incur a significant income tax deduction. The regulations are designed to ensure that salary adjustments are made uniformly across civilian staff, subject to certain conditions that mitigate the financial impact on affected officers. Employers, including the Defence Department, must ensure that these salary adjustments are implemented accurately and in compliance with the regulations. Breaches of these regulations could lead to civil consequences, although the specific penalties are not detailed in the text provided. The regulations do not explicitly outline criminal penalties, suggesting that breaches might be handled through administrative or civil measures. However, non-compliance with statutory requirements can lead to disputes and potential legal action by affected staff members. The regulations emphasise the importance of adhering to the specified salary adjustments to avoid financial penalties or disputes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.