Defence Force (Bounties and Gratuities) Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 367, issued under the authority of the Minister for Defence, serve to amend the Defence Force (Bounties and Gratuities) Regulations by repealing Parts I and II. This amendment follows the provisions of section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations. These interim determinations are considered Statutory Rules. The primary objective of these rules is to align with Determination 0701, Re-engagement Bounty, which was made under section 58B of the Defence Act 1903, effectively replacing the previous regulations concerning the payment of "Re-engagement Bounty" to members of the Defence Force. The changes take effect from the date Determination 0701 is made.

Scope and Application

The Statutory Rules 1984 No. 367, issued under the authority of the Minister for Defence, involve the amendment of the Defence Force (Bounties and Gratuities) Regulations by repealing Parts I and II, which previously dealt with the payment of “Re-engagement Bounty” to members of the Defence Force. This amendment is a result of the interim determinations allowed under Section 12 of the Defence Amendment Act 1979. The interim determinations, which are deemed to be Statutory Rules, have replaced the repealed regulations with Determination 0701, which was made under Section 58B of the Defence Act 1903. The changes apply to the members of the Defence Force, and the geographic and jurisdictional reach of these amendments is aligned with the Commonwealth’s legislative authority. The rules take effect from the date Determination 0701 is made, and no exclusions, exemptions, or specific thresholds are mentioned in the provided text. The scope of the application of this legislation is confined to the modifications of the bounty and gratuity regulations for Defence Force members, with any further extensions or restrictions potentially addressed in subordinate instruments.

Key Provisions

The key operative sections of this Statutory Rule (Statutory Rules 1984 No. 367) involve the repeal of Parts I and II of the Defence Force (Bounties and Gratuities) Regulations, which pertained to the payment of "Re-engagement Bounty" to members of the Defence Force (section 3). This repeal is a direct consequence of Determination 0701, Re-engagement Bounty, made under section 58B of the Defence Act 1903 (section 4). The changes take effect on the date that Determination 0701 is made (section 5). Under this Act, the primary obligations fall on the Minister for Defence, who is authorised by section 12 of the Defence Amendment Act 1979 to make interim determinations that amend or repeal existing regulations. The Minister must ensure that the interim determinations, in this case Determination 0701, are consistent with the provisions of the Defence Act 1903 and serve to update or replace the existing regulations effectively. Additionally, the Act mandates that these interim determinations are to be treated as Statutory Rules, thereby ensuring their legal validity and enforceability. Failure to comply with the provisions of the Statutory Rules could lead to significant consequences. Although the specific offences, penalties, or consequences are not detailed in the text, breaches of statutory rules in Australia typically attract penalties under the relevant legislation. For instance, if the Minister fails to issue the required determinations or if the determinations are not aligned with the Defence Act 1903, it could result in civil or criminal penalties. The exact nature and severity of these penalties would depend on the specific breach and the applicable laws, but they could include fines or other legal sanctions. The Statutory Rules themselves, however, do not explicitly state the penalties for non-compliance.