Defence Force Amendment Regulations 2000 (No. 1) 2000 No. 82
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 82
Issued by the Authority of the Minister for Veterans' Affairs
Defence Act 1903
Defence Force Amendment Regulations 2000 (No. 1)
Subsection 124(1) of the Defence Act 1903 (the Act) provides that the Governor-General may make Regulations prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the Defence Force or for the carrying out or giving effect to the Act.
The Defence Force Regulations 1952 (the Principal Regulations) provide for, among other things, such matters as the declaration of defence areas, attachment of members of the Defence Force and conditions and allowances of members. Part 13 of the Principal Regulations provides for the suspension and forfeiture of certain salary and allowances of members. Regulation 68 of the Principal Regulations provides that where a member is detained under service law, he or she forfeits salary (except recruit salary) and any allowances that accrue to the member during the period of detention, other than the allowance provided for under a Defence Determination made pursuant to section 58B of the Act.
This Statutory Rule amends paragraph 68(1)(b) of the Principal Regulations to remove the reference to Defence Determination 0805 and replace it with a reference to Defence Determination 2000/1. This Determination is a consolidation of all Defence Determinations. The allowance previously paid under Determination 0805 continues pursuant to the new Determination.
The Statutory Rule also makes minor amendments consequential on the Public Service Act 1999, by replacing references to public service classifications and employment groups with current terminology.
The Statutory Rule commenced on gazettal.
Overview
The Defence Force Amendment Regulations 2000 (No. 1), issued under the authority of the Minister for Veterans' Affairs, aim to align the Defence Force Regulations 1952 with current terminology and practices, particularly in relation to allowances and salary forfeitures for detained members of the Defence Force. This Statutory Rule was introduced to address the need for regulatory updates in light of changes in public service classifications and employment groups, as required by the Public Service Act 1999. The primary objective is to ensure the good governance of the Defence Force and to streamline the administration of allowances and conditions for Defence Force members, as mandated by section 124(1) of the Defence Act 1903. The changes were designed to reflect the consolidation of Defence Determinations into a single Determination, specifically Defence Determination 2000/1, thereby improving clarity and efficiency in the application of the regulations.
Scope and Application
The Defence Force Amendment Regulations 2000 (No. 1) pertain to the members of the Australian Defence Force and are governed under the Defence Act 1903. These Regulations specifically affect the conditions and allowances of Defence Force members, with a particular focus on the suspension and forfeiture of salary and allowances when a member is detained under service law. The Regulations are crafted to maintain the good governance of the Defence Force and ensure the effective implementation of the Defence Act. They apply across the Commonwealth, as they are statutory instruments made under the authority of the Governor-General, who acts on behalf of the Commonwealth of Australia. The Regulations amend the Defence Force Regulations 1952 to update references to Defence Determinations and public service classifications, ensuring consistency with the current legislative terminology under the Public Service Act 1999. These changes streamline administrative processes and reflect the evolving nature of public service classifications and employment groups. The Regulations commenced upon their gazettal, ensuring immediate application to the relevant Defence Force members and their entitlements.
Key Provisions
The main operative sections of the Defence Force Amendment Regulations 2000 (No. 1) involve amendments to the Defence Force Regulations 1952, particularly focusing on the suspension and forfeiture of salary and allowances for members of the Defence Force (subsection 124(1) of the Defence Act 1903). Specifically, the Regulations amend paragraph 68(1)(b) of the Principal Regulations to update the reference from Defence Determination 0805 to Defence Determination 2000/1. This amendment ensures that the allowance previously granted under Determination 0805 is continued under the new consolidated Determination. Additionally, the Regulations make minor amendments to align references with the terminology used in the Public Service Act 1999.
The Defence Force Amendment Regulations impose several obligations and requirements on the members of the Defence Force. Firstly, if a member is detained under service law, they forfeit their salary and any allowances accruing during the period of detention, except for recruit salary and any allowances specified under the relevant Defence Determination (Regulation 68 of the Principal Regulations). The Regulations also require that the Defence Force adheres to the updated Defence Determination 2000/1 for the continued payment of allowances previously covered by Determination 0805. Furthermore, the Regulations mandate that references to public service classifications and employment groups within the Principal Regulations be updated to reflect the current terminology as per the Public Service Act 1999.
The Regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, any breach of the Defence Act 1903 or the Defence Force Regulations 1952 could potentially lead to disciplinary action under service law, which may include administrative penalties, demotion, or even discharge from the Defence Force. The severity of the consequences would depend on the nature and gravity of the breach, as well as the specific provisions of the Defence Act and the service regulations that are contravened.