Defence Force (Bounties and Gratuities) Regulations (Amendment)

Overview

Statutory Rules 1976 No. 230, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, was enacted to amend the Defence Force (Bounties and Gratuities) Regulations. This regulation was introduced to address the specific issue of advances to other ranks after periods of 3 years’ and 6 years’ eligible service. The enacting body was the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind this amendment was to ensure that the regulations concerning financial support for service members were accurately reflecting the intended eligibility periods, thereby providing clarity and fairness in the administration of bounties and gratuities for the Defence Force.

Scope and Application

This legislation, Statutory Rules 1976 No. 230, is a regulation made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, and applies to all members of the Australian Defence Force (ADF), including the Australian Army, Royal Australian Navy, and Royal Australian Air Force. It specifically amends the Defence Force (Bounties and Gratuities) Regulations concerning the eligibility criteria for advances to other ranks after 3 years' and 6 years' service, clarifying that these advances apply during periods of non-effective service. The regulation is of national reach, governing conduct and entitlements across all states and territories in Australia. It does not specify any exclusions, exemptions, or thresholds beyond the outlined amendments to service eligibility for bounty and gratuity advances. The application of the regulation may be further extended or restricted through additional subordinate instruments as necessary, ensuring compliance with overarching defence legislation.

Key Provisions

The Statutory Rules 1976 No. 230 made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, primarily amend the Defence Force (Bounties and Gratuities) Regulations, specifically Regulation 19, concerning advances to other ranks after certain periods of service. According to Regulation 19(3), the amendment clarifies the period of non-effective service for which advances are provided to other ranks. The original sub-regulation (3) had unspecified wording following the word "which," which is now omitted and replaced with "is a period of non-effective service" (Regulation 19(3)). These amendments impose certain obligations on the parties involved, particularly on the Defence Force personnel and the Defence administration. The Defence Force personnel must adhere to the new definition of non-effective service periods for which they are eligible to receive advances. The Defence administration, on the other hand, is required to ensure that the payment of such advances is conducted in accordance with the amended regulations. This includes verifying the eligibility of personnel based on the newly defined criteria and processing the payments accordingly. Breach of these regulations could lead to various consequences. While the specific offences and penalties are not detailed in the text, general provisions under the Defence Acts could apply. Offences under these Acts can result in criminal charges, and penalties could include fines or imprisonment. For civil consequences, non-compliance with the terms of service or financial regulations could lead to disciplinary actions against Defence Force members, including dismissal. However, the exact penalties for breaches of these specific regulations are not explicitly stated in the provided text.