Defence Force (Bounties and Gratuities) Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 365, issued under the authority of the Minister for Defence, amend the Defence Force (Bounties and Gratuitities) Regulations. Enacted to address the need for updated regulations governing the payment of gratuities to serving members of the Defence Force who are ineligible for pensions or invalidity benefits, these rules align with the provisions set out in Determination 0705, Gratuities, made under section 58B of the Defence Act 1903. This legislative amendment ensures that the regulations remain current and reflective of the Defence Force's evolving requirements, facilitating the appropriate administration of gratuities to eligible members.

Scope and Application

The Defence Force (Bounties and Gratuitties) Regulations Amendment (Statutory Rules) 1984, issued under the authority of the Minister for Defence, pertains to the modification of existing regulations concerning the payment of gratuities to serving members within the Australian Defence Force who are not eligible for pensions or invalidity benefits as outlined in the Defence Force Retirement and Death Benefits legislation. These Statutory Rules primarily affect serving members of the Defence Force who would otherwise be entitled to gratuities under the repealed provisions of Part III and regulation 2A of the Defence Force (Bounties and Gratuities) Regulations. The application of these amendments is governed by the Defence Amendment Act 1979, which empowers the Minister to make interim determinations, effectively amending or repealing regulations. The scope of these regulations is national, as they apply across all states and territories of Australia, and they are integral to the Commonwealth's legislative framework. The application of these rules is superseded by Determination 0705, which takes effect from the date it is made, thereby rendering Part III and regulation 2A of the original regulation obsolete. This amendment highlights the dynamic nature of military legislation, where regulations can be swiftly updated to reflect changes in policy or administrative practices.

Key Provisions

The Defence Force (Bounties and Gratuities) Regulations, as amended by these Statutory Rules, primarily affect the payment of gratuities to serving members who do not qualify for pensions or invalidity benefits under the Defence Force Retirement and Death Benefits legislation (Part III and regulation 2A). Section 12 of the Defence Amendment Act 1979 empowers the Minister to issue interim determinations that amend or repeal regulations, which are then considered Statutory Rules. These amendments repeal the existing provisions concerning gratuities and replace them with Determination 0705, Gratuities, issued under section 58B of the Defence Act 1903. The amendments take effect from the date Determination 0705 is made. The obligations and requirements imposed by these Statutory Rules primarily involve the cessation of the former payment structures and procedures for gratuities. Specifically, the repeal of Part III and regulation 2A means that any processes and entitlements previously outlined in these sections are no longer applicable. Instead, parties must refer to Determination 0705 for the new guidelines on the payment of gratuities. This determination likely includes new criteria, processes, and perhaps new rates or conditions for the payment of these gratuities. The affected parties, including serving members and administrative bodies within the defence force, need to align their practices with the new determination to ensure compliance. The Statutory Rules do not explicitly mention any offences, penalties, or consequences for non-compliance within the provided text. However, it is reasonable to infer that failure to adhere to the new provisions set out in Determination 0705 could result in administrative or legal repercussions. Typically, non-compliance with statutory requirements in the defence context can lead to disciplinary actions against service members or administrative penalties for the relevant authorities. Given the nature of the Defence Force, significant breaches might also attract criminal penalties if they involve fraud, misuse of funds, or other serious misconduct. The exact penalties would depend on the specific breach and the Defence Force Regulations or other relevant legislation.