Defence Force (Furlough) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 951, Defence Force (Furlough) Regulations (Amendment), was enacted in 1981 to address the need for amendments to the Defence Force (Furlough) Regulations concerning the salary of members. The Interim Determination was made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The primary objective of this legislative instrument was to modify the existing regulations to accommodate changes in allowances for senior chaplains in the Defence Force. This amendment ensures that the furlough regulations are aligned with the updated allowances for senior chaplains, as determined under section 58b of the Defence Act 1903. The Interim Determination came into effect on the day Determination 0112, Senior Chaplain’s Allowance was made under the Defence Act 1903.

Scope and Application

The Defence Force (Furlough) Regulations 1981 (Amendment) Interim Determination, made under section 12 of the Defence Amendment Act 1979, applies specifically to the salary of a member of the Defence Force and adjusts certain provisions within the Defence Force (Furlough) Regulations to incorporate the Senior Chaplain’s Allowance. This interim measure is set to take effect upon the issuance of Determination 0112, Senior Chaplain’s Allowance under section 58b of the Defence Act 1903. The amendment modifies sub-regulation (2) of regulation 10 by omitting certain references and adding a new reference to the Senior Chaplain’s Allowance. It also adjusts sub-regulation (3) to reflect these changes, ensuring that the new allowance is included in the considerations for salary deductions during furlough. The scope of this legislation is limited to Defence Force personnel, particularly those affected by the new allowance, and its application is confined to the Commonwealth jurisdiction. The Interim Determination extends or restricts the application of existing regulations through subordinate instruments, ensuring that the Defence Force (Furlough) Regulations are updated to accommodate the new allowance without the need for further legislative amendments.

Key Provisions

The main operative sections of this Interim Determination concern amendments to Regulation 10 of the Defence Force (Furlough) Regulations (1). This regulation pertains to the salary of a member and is modified in several ways. Specifically, it removes references to certain sub-regulations and regulations, and adds a reference to Determination 0112, Senior Chaplain’s Allowance made under section 58b of the Defence Act 1903 (1(a)-(d)). These changes are intended to ensure that the furlough regulations are aligned with the new allowance for Senior Chaplains. The Interim Determination imposes certain obligations on the relevant parties. It mandates that the changes to Regulation 10 take effect on the same day that Determination 0112, Senior Chaplain’s Allowance is made under section 58b of the Defence Act 1903 (2). This ensures that the regulations governing the salary of a member and the furlough provisions are updated simultaneously, avoiding any discrepancies or confusion. There are no explicit offences, penalties, or consequences for breach mentioned in this Interim Determination. However, it is reasonable to infer that any failure to comply with the updated furlough regulations could lead to administrative or legal repercussions, depending on the specific circumstances and the applicable laws. The primary focus of this legislation is to ensure that the furlough provisions are accurately aligned with the new allowance for Senior Chaplains, rather than to impose penalties for non-compliance. This Interim Determination is part of a broader legislative framework that includes the Defence Amendment Act 1979 and the Defence Act 1903. It is made under section 12 of the Defence Amendment Act 1979 and comes into effect on the same day as Determination 0112, Senior Chaplain’s Allowance (2). The legislation is designed to ensure that the furlough regulations are consistent with the new allowance for Senior Chaplains, and to avoid any potential confusion or inconsistency in the application of these provisions.