Statutory Rules
1980 No. 3
REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this eleventh day of January 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE (BOUNTIES AND GRATUITIES) REGULATIONS2
Amendments relating to female members
The Defence Force (Bounties and Gratuities) Regulations are amended as set out in the Schedule.
SCHEDULE
AMENDMENTS RELATING TO FEMALE MEMBERS
Provision amended | Amendment |
Sub-regulation 11 (3) | Omit “if the officer is a male, or $120 if the officer is a female,”. |
Paragraph 11 (4) (a) | Omit “if the officer is a male, or $50 per annum if the officer is a female,”. |
Paragraph 11 (4) (b) | Omit “if the officer is a male, or $120 per annum if the officer is a female,”. |
SCHEDULE—continued
Provision amended | Amendment |
Sub-regulation 14 (3) | Omit “if the officer is a male, or $50 if the officer is a female,”. |
Paragraph 14 (4) (a) | Omit from the table the headings “Male member” and “Female member” and the column under the heading “Female member”. |
Paragraph 14 (4) (b) | Omit “if the officer is a male, or $50 per annum if the officer is a female,”. |
Sub-regulation 15 (2) | Omit from the table the headings “Male member” and “Female member” and the column under the heading “Female member”. |
Sub-regulation 15 (3) | Omit “if the member is a male, or $50 if the member is a female,”. |
Sub-regulation 16 (2) | Omit “if the person is a male, or $75 if the person is a female,”. |
Paragraph 16 (3) (a) | Omit “if the person is a male, or $50 per annum if the person is a female,”. |
Paragraph 16 (3) (b) | Omit “if the person is a male, or $75 per annum if the person is a female,”. |
Sub-regulation 16 (4) | Omit all words and figures from and including “gratuity” (second occurring), substitute “gratuity, of an amount calculated at the rate of $100 for each year of eligible service completed by that person.”. |
Paragraph 23 (a) | Omit from the table “Male member”, substitute “Amount of gratuity”. |
| Omit from the table the heading “Female member” and the column under that heading. |
Paragraph 23 (b) | Omit “male”. |
Paragraph 23 (c) | Omit. |
Paragraph 24 (1) (a) | Omit “in the case of a male member and $50 per annum in the case of a female member”. |
Paragraph 24 (1) (b) | Omit “in the case of a male member, and $30 per annum in the case of a female member,”. Omit “in the case of a male member, and $50 per annum in case of a female member,”. |
Paragraph 24 (1) (c) | Omit “in the case of a male member and $75 per annum in the case of a female member”. |
Paragraph 24 (1) (d) | Omit “in the case of a male member and $50 per annum in the case of a female member”. |
1. Notified in the Commonwealth of Australia Gazette on 23 January 1980.
2. Statutory Rules 1973 No. 110 as amended by Statutory Rules 1973 Nos. 169 and 272; 1974 Nos. 1 and 40; 1975 No. 82; 1976 Nos. 40, 161 and 230; 1978 No. 176.
Overview
Statutory Rules 1980 No. 3, 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, specifically addressing discrepancies in the financial benefits provided to female members of the Australian Defence Force. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council. The primary policy objective was to eliminate gender-based disparities in financial entitlements, ensuring equitable treatment for all members of the Defence Force, irrespective of gender. By omitting gender-specific references and standardising the rates, the regulation aimed to promote equality and fairness within the Defence Force.
Scope and Application
The Defence Force (Bounties and Gratuities) Regulations, amended by Statutory Rules 1980 No. 3, apply to members of the Australian Defence Force, specifically addressing the bounties and gratuities payable to both male and female members upon various events such as retirement, discharge, or death. The amendments made in these Regulations remove gender-based distinctions in the amounts payable for bounties and gratuities, thereby ensuring uniform treatment for all members regardless of gender. These Regulations are made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, and therefore apply across the Commonwealth of Australia. They extend to all members of the Australian Defence Force, including the Army, Navy, and Air Force, and cover conduct and transactions related to the payment of bounties and gratuities. While the Regulations themselves do not specify exclusions or thresholds, they are implemented through subordinate instruments which may further define the application and eligibility criteria.
Key Provisions
The main operative sections of this legislative instrument pertain to amendments of the Defence Force (Bounties and Gratuities) Regulations (sub-regulations 11(3), 11(4)(a), 11(4)(b), 14(3), 14(4)(a), 14(4)(b), 15(2), 15(3), 16(2), 16(3)(a), 16(3)(b), 16(4), 23(a), 23(b), 23(c), 24(1)(a), 24(1)(b), 24(1)(c), and 24(1)(d)) as listed in the Schedule. These amendments primarily involve the removal of gender-specific references and adjustments to the monetary amounts of bounties and gratuities for Defence Force members. The changes aim to eliminate gender-based distinctions in the calculation and payment of these benefits.
The Act imposes several obligations and requirements on the relevant parties. It mandates that any bounties and gratuities payable under the Defence Force (Bounties and Gratuities) Regulations must now be calculated uniformly, without regard to the gender of the Defence Force member. This means that all members, regardless of gender, will receive the same amount for each category of bounty or gratuity. Additionally, the Act requires the removal of all gender-specific headings and columns from relevant tables within the Regulations, ensuring that the documentation reflects the new gender-neutral approach.
Breaches of the provisions in this legislative instrument may result in various civil or criminal consequences. While the specific penalties are not detailed within the text, breaches of Defence-related regulations generally carry significant penalties, including fines and potential imprisonment. The precise penalties would depend on the nature and severity of the breach, as well as any relevant Defence Force regulations or common law principles that may apply.