Defence Force (Furlough) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 1221, titled "Defence Force (Furlough) Regulations (Amendment)," was enacted to amend the Defence Force (Furlough) Regulations. This legislative instrument was introduced to address the need for updating the furlough allowances within the Defence Force, particularly concerning the Special Action Forces Allowance. The Interim Determination was made by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, under section 12 of the Defence Amendment Act 1979. The policy objective, while not explicitly stated, appears to be ensuring that the allowances for members of the Defence Force are kept current and reflective of specific operational needs, such as those for Special Action Forces. The Interim Determination specifically modifies Regulation 10 to include the Special Action Forces Allowance and will take effect upon the issuance of Determination 0118 under section 58b of the Defence Act 1903.

Scope and Application

The Defence Force (Furlough) Regulations 1981 (Amendment) Interim Determination pertains specifically to the salary of a member of the Australian Defence Force, incorporating the Special Action Forces Allowance into the existing furlough regulations. This amendment applies to members of the Defence Force who are eligible for such allowances, thereby expanding the scope of the original regulations to include this particular allowance. The jurisdictional reach of this legislation is federal, as it is an amendment made under the Defence Amendment Act 1979, reflecting the Commonwealth's legislative authority over the Defence Force. The amendment takes effect from the date on which the Special Action Forces Allowance is formally determined under section 58b of the Defence Act 1903, ensuring a synchronised implementation of the allowance within the Defence Force remuneration structure. This interim determination does not explicitly mention any exclusions, exemptions, or thresholds, nor does it extend or restrict application through subordinate instruments beyond the outlined amendment.

Key Provisions

The main operative sections of the Defence Force (Furlough) Regulations (Amendment) 1981 (Statutory Rules 1981 No. 1221) focus on modifying the existing Defence Force (Furlough) Regulations to include a new allowance. Specifically, Regulation 10(3)(b) is amended to incorporate "Determination 0118, Special Action Forces Allowance" alongside other allowances such as the "Married Trainee’s Allowance" (Regulation 1). This amendment ensures that the Special Action Forces Allowance is recognised within the furlough salary provisions for Defence Force members. Under these regulations, the Defence Force (Furlough) Regulations as amended are set to take effect on the date that Determination 0118, Special Action Forces Allowance, is officially made under section 58b of the Defence Act 1903 (Regulation 2). This alignment ensures that the new allowance is integrated into the furlough salary structure at the same time it is legally established, maintaining consistency in the implementation of new allowances. The Act imposes specific obligations on the Defence Force members and the relevant authorities. Defence Force members are entitled to include the Special Action Forces Allowance in their furlough salary calculations once the allowance is officially determined and incorporated into the regulations. The authorities responsible for implementing these changes must ensure that the new allowance is accurately reflected in the regulations and that all members are appropriately informed and compensated. Failure to comply with the provisions of these regulations could result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text, breaches of regulations related to allowances and compensation typically attract penalties as prescribed under the Defence Force Discipline Act 1982 or other relevant legislation. These penalties may include fines, disciplinary actions, or other forms of redress as determined by the applicable laws.