EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 218
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
SCIENCE AND PERSONNEL
DEFENCE FORCE DISCIPLINE REGULATIONS
(AMENDMENT)
The Defence Force Discipline Regulations (“the Regulations”) made under the Defence Force Discipline Act 1982 (“the Act”) prescribe various matters relating to convicted members, including the calculation of a convicted member’s daily rate of pay.
A convicted member’s daily rate of pay is relevant in establishing such matters as the maximum amount of a fine or reparation order that should apply to the member. Paragraph 3(9)(a) of the Act provides that this daily rate of pay should be ascertained in accordance with the Regulations. Subsection 3(10) of the Act, as amended by the Defence Legislation Amendment Act (No. 2) 1988, enables regulations made for the purposes of paragraph 3(9)(a) to provide that a convicted member’s daily rate of pay may be ascertained by reference to determinations made under sections 58B and 58H of the Defence Act 1903. (Section 58B empowers the Minister for Defence to make determinations on Defence Force conditions of service, and section 58H empowers the Defence Force Remuneration Tribunal to make such determinations.)
Regulation 31 of the Regulations provided that a convicted member’s daily rate of pay was to be taken as the rate of pay applicable to the member in the relevant determination made under section 58B of the Defence Act 1903.
The Statutory Rule amends regulation 31 so that determinations made under both section 58B and section 58H of the Defence Act can be taken into account in calculating the daily rate of pay.
The Statutory Rule comes into operation on the date of gazettal.