Defence Force (Furlough) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 3541, an interim determination under the Defence Amendment Act 1979, was enacted by the Minister of State for Defence, D. J. Killen, on 27 November 1980. This legislative instrument was introduced to address the need for amending the Defence Force (Furlough) Regulations concerning the salary of a member. The regulation specifically targets the omission and substitution of certain paragraphs within Regulation 10, sub-regulation (3), to align with updated financial regulations and determinations across the Navy, Air Force, and Military forces. This amendment reflects a commitment to ensuring that the financial provisions governing the Defence Force are current and comprehensive. The enacting body for this interim determination is the Minister of State for Defence, operating under the authority granted by section 12 of the Defence Amendment Act 1979. The policy objective, as inferred from the context, is to maintain and update the financial regulations of the Defence Force to reflect contemporary standards and allowances, thereby ensuring that Defence personnel are compensated appropriately and in line with current policies.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies specifically to members of the Australian Defence Force, including the Australian Army, Royal Australian Navy, and Royal Australian Air Force. It amends the Defence Force (Furlough) Regulations to adjust the salary provisions for these members during furlough periods. The regulation adjustments pertain to various financial regulations and determinations, including the Naval Financial Regulations, Air Force Regulations, Military Financial Regulations, and specific allowances such as District Allowance, Antarctic Allowance, and Post Allowance, which are made under section 58B of the Defence Act 1903. This legislative instrument has a Commonwealth reach, affecting all members of the Australian Defence Force across the country. There are no stated exclusions, exemptions, or thresholds within the scope of this Interim Determination. The application of this legislation may be further extended or restricted through subordinate instruments, as authorised by the Defence Amendment Act 1979.

Key Provisions

The main operative sections of this Interim Determination pertain to the amendment of Regulation 10 of the Defence Force (Furlough) Regulations, specifically altering the subparagraphs under sub-regulation (3)(c). This amendment modifies the regulations regarding the salary of a member by omitting the previous subparagraph and substituting it with a new one that includes references to various regulations and determinations. The changes explicitly list the Naval Financial Regulations, Air Force Regulations, Military Financial Regulations, and several determinations made under the Defence Act 1903 (paragraph 10(3)(c)). The obligations and requirements imposed by this Interim Determination are primarily concerned with the financial management of Defence Force members on furlough. By amending Regulation 10, the Determination ensures that the furlough salary calculations now include specific financial regulations and allowances as outlined. This means that any salary adjustments or allowances pertaining to members on furlough must now consider these newly referenced regulations and determinations, ensuring a more comprehensive approach to their financial management during furlough. In terms of the consequences for breach or non-compliance, this legislation does not explicitly state any specific offences, penalties, or civil or criminal consequences. However, given the nature of Defence-related regulations, non-compliance could potentially lead to disciplinary actions against the Defence Force members or administrative penalties for the authorities overseeing the furlough process. While the exact penalties are not detailed in this particular Determination, they would likely be addressed within the broader Defence Force regulations or other relevant legislation. This Interim Determination, issued under section 12 of the Defence Amendment Act 1979, aims to provide a clear and immediate update to the Defence Force (Furlough) Regulations to ensure that furloughed members' salaries are calculated accurately and in compliance with the specified financial regulations and allowances. The changes are effective from the date of notification in the Commonwealth of Australia Gazette on 8 December 1980, and they build upon the existing statutory rules and amendments, as referenced in the notes provided.