Defence Force (Bounties and Gratuities) Regulations (Repeal)

Overview

The Defence Force (Bounties and Gratuities) Regulations (Repeal) Statutory Rules 1990 No. 11, issued by the authority of the Minister for Defence Science and Personnel, formally repeals the Defence Force (Bounties and Gratuities) Regulations which had previously governed the payment of bounties and gratuities to members of the Defence Force. This repeal was enacted to address the redundancy of the Regulations, as the authority for such matters is now provided by Determinations under the Defence Act 1903. While Parts I, II and III of the Regulations were repealed in 1984, leaving no provisions in effect, the Regulations had not been formally repealed until now. The repeal was recommended by the Attorney-General’s Department to ensure legal clarity and proper administrative practice. The Statutory Rule takes effect on the date of its gazettal.

Scope and Application

The Defence Force (Bounties and Gratuities) Regulations (Repeal) Statutory Rule 1990 No. 11, issued under the authority of the Minister for Defence Science and Personnel, serves to formally repeal the Defence Force (Bounties and Gratuities) Regulations which had previously governed the payment of bounties and gratuities to Defence Force members. These Regulations were no longer in effect since the relevant provisions were repealed in 1984, although they had not been formally repealed until now. The repeal was deemed necessary to align the legislative framework with current practices, where the authority for bounties and gratuities now derives from Determinations made under the Defence Act 1903. The repeal applies to all parts of the Regulations, ensuring that there is no remaining ambiguity or potential for confusion regarding the administration of such payments. This repeal has a Commonwealth reach, impacting all Defence Force members within Australia. The Statutory Rule comes into operation on the date of its gazettal, thereby ensuring that the Regulations are officially and formally removed from the legislative framework.

Key Provisions

The key operative sections of the Statutory Rule, which focuses on the repeal of the Defence Force (Bounties and Gratuities) Regulations, are encapsulated in the repeal itself. Specifically, the Regulations, which once provided for the payment of bounties and gratuities to members of the Defence Force, are formally repealed (Section 1). The authority for such matters is now governed by Determinations made under the Defence Act 1903. This means that any previous entitlements or processes outlined in the Regulations are no longer applicable. The repeal of the Regulations imposes a clear obligation on all parties involved, including Defence Force members and administrative entities, to align their practices with the new authority outlined in the Defence Act 1903. This shift in governance means that any entitlements, processes, or claims related to bounties and gratuities must now be pursued under the terms and conditions specified in Determinations made under the Defence Act. There is no further requirement under the repealed Regulations. There are no specific offences, penalties, or civil or criminal consequences detailed in the Statutory Rule itself for the breach of the repealed Regulations. The repeal primarily serves to clarify the legislative framework and ensure that there is no ambiguity or conflict with current Defence Force governance structures. However, any breaches or non-compliance with the new Determinations under the Defence Act 1903 would need to be addressed according to the provisions and penalties outlined in that Act. The repealed Regulations no longer hold any legal standing, and therefore, no penalties are applicable for their breach under this Statutory Rule.