Statutory Rules
1973 No. 272
REGULATIONS UNDER THE DEFENCE ACT 1903-1970, THE NAVAL DEFENCE ACT 1910-1971 AND THE AIR FORCE ACT 1923-1965.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965.
Dated this eighteenth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LANCE BARNARD
Minister of State for Defence.
Amendments of the Defence Force (Bounties and Gratuities) Regulations†
Commencement.
1. These Regulations shall come into operation on 31 December 1973.
Payment of re-engagement bounty to members who have completed prescribed period of service before commencement of Regulations.
2. Regulation 4 of the Defence Force (Bounties and Gratuities) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) the words “ after that date ” and substituting the words “ in the period that commenced on that date and ended on 31st December, 1973 ”;
(b) by inserting in paragraph (b) of sub-regulation (2) after the word “ becomes ” the words “ , in the period that commenced on the date of commencement of these Regulations and ended on 31st December, 1973, ”; and
(c) by adding at the end thereof the following sub-regulation:—
“ (6) For the purposes of sub-regulations (1) and (2), a member who—
(a) applies to be re-engaged to serve as a member before 28th February, 1974; and
(b) becomes bound, as the result of the application referred to in paragraph (a), to serve for a period that will expire on or after 6th December, 1975,
shall be deemed to have become bound to serve for that period on a date before 31st December, 1973.”.
* Notified in the Australian Government Gazette on 19 December 1973.
† Statutory Rules 1973, No. 110, as amended by Statutory Rules 1973, No. 169.
Overview
The Statutory Rules 1973 No. 272, Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971, and the Air Force Act 1923-1965, were enacted to amend the Defence Force (Bounties and Gratuities) Regulations. These regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and came into effect on 31 December 1973. The intent behind these amendments was to address specific issues related to the timing of the payment of re-engagement bounties and gratuities to Defence Force members who had completed prescribed periods of service before the regulations' commencement date. The policy objective was to ensure clarity and fairness in the payment of these benefits, aligning them with the members' service periods and the regulatory changes introduced by these amendments.
Scope and Application
The Statutory Rules 1973 No. 272 amends the Defence Force (Bounties and Gratuities) Regulations under the Defence Act 1903-1970, the Naval Defence Act 1910-1971, and the Air Force Act 1923-1965. These regulations apply to members of the Australian Defence Force who are eligible for re-engagement bounties and gratuities, and specifically to those who complete a prescribed period of service before the commencement of these Regulations. The changes are intended to ensure that certain members who apply to be re-engaged before a specified date and who agree to serve for a period that will expire after a particular date are deemed to have committed to their service prior to the effective date of the Regulations. The scope of these Regulations is limited to the amendment of existing rules concerning the payment of re-engagement bounty, and they do not extend to other areas of military service or benefits. The Regulations came into operation on 31 December 1973, and they apply nationally, affecting all members of the Australian Defence Force across the Commonwealth of Australia.
Key Provisions
The Statutory Rules 1973 No. 272, made under the Defence Act 1903-1970, the Naval Defence Act 1910-1971 and the Air Force Act 1923-1965, are significant in modifying the Defence Force (Bounties and Gratuities) Regulations. These Regulations are set to come into effect on 31 December 1973, as indicated in section 1. Section 2 provides specific amendments to Regulation 4 of the Defence Force (Bounties and Gratuities) Regulations. These amendments include adjustments to the service period eligibility criteria for the payment of re-engagement bounty to members of the defence forces. For example, sub-regulation (1)(a) alters the time frame for which the bounty is payable, and sub-regulation (1)(b) modifies the eligibility conditions for members who apply for re-engagement. Additionally, a new sub-regulation (6) is introduced, specifying that members who apply to be re-engaged before 28 February 1974 and commit to serving until after 6 December 1975 will be considered as having committed to serve before 31 December 1973.
The Regulations impose obligations on the defence force members and the Defence Force administration. Members who wish to be re-engaged must apply before the specified deadlines and commit to serving the stipulated periods. The Defence Force administration must ensure that these amendments are properly implemented and that eligible members are identified and their bounties are processed according to the new criteria. The Regulations require clear record-keeping and communication to ensure that all affected members are aware of the changes and can plan their re-engagement accordingly.
Failure to comply with these Regulations could result in significant consequences for both the members and the Defence Force administration. While the specific offences and penalties are not detailed in the provided excerpt, breaches of statutory regulations generally attract penalties under the relevant Acts. Such penalties can include fines and other administrative sanctions for non-compliance. The seriousness of the breach will determine the exact nature and extent of the penalties imposed. The overarching aim of these Regulations is to ensure clarity and fairness in the administration of re-engagement bounties within the defence forces.