Statutory Rules 1981 No. 2211
Defence Force (Furlough) Regulations2 (Amendment)
I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated 30 July 1981.
KEVIN NEWMAN
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
Payment in lieu of furlough
1. Regulation 7 of the Defence Force (Furlough) Regulations is amended—
(a) by omitting sub-regulations (2), (4), (5), (7), (8), (9) and (11); and
(b) by omitting sub-regulation (10) and substituting the following sub-regulation:
“(10) Where an amount is payable under these Regulations to a member who is under a legal disability, the Minister may, instead of authorizing payment of the amount to the member, authorize payment of the amount to such trustee or trustees as the Minister appoints, to be held by that trustee or those trustees upon such trusts for the benefit of the member as the Minister directs, and, when the amount is paid to that trustee or to those trustees accordingly, the amount shall, for the purposes of these Regulations, other than this regulation, be deemed to have been paid to the member.”.
Salary of a member
2. Regulation 10 of the Defence Force (Furlough) Regulations is amended by omitting paragraph (d) of sub-regulation (3) and substituting the following paragraph:
“(d) in respect of higher duties allowance—
(i) regulations 105 or 113 of the Naval Financial Regulations;
(ii) regulation 28 of the Military Financial Regulations;
(iii) regulations 556j or 633 of the Air Force Regulations; or
(iv) Determination 0104, Higher Duties Allowance—Service with the Papua New Guinea Defence Force, made under section 58b of the Defence Act 1903.”.
Application
3. The Defence Force (Furlough) Regulations as amended by clause 1 shall take effect on the day on which Determination 2699, Payments in Lieu of Recreation Leave, War Service Leave, Furlough and Recreation Leave Bonus, Consequent Upon the Death of a Member or Former Member, is made under section 58b of the Defence Act 1903.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 August 1981.
2. Statutory Rules 1979 No. 21 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 18 and see also Statutory Rules 1981 Nos. 18, 46, 95 and 122.
Overview
Statutory Rules 1981 No. 221, made under the Defence Amendment Act 1979, amend the Defence Force (Furlough) Regulations to address certain administrative issues related to the payment of furlough entitlements and allowances to Defence Force members. The Interim Determination, dated 30 July 1981 and made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, modifies the furlough regulations to streamline payment processes and clarify the handling of payments to members under a legal disability. These amendments aim to ensure that furlough entitlements are managed more efficiently and to provide clarity in the disbursement of benefits to Defence Force members, thereby enhancing administrative efficacy within the Defence Force framework.
Scope and Application
The Defence Force (Furlough) Regulations 1981 (Amendment) interim determination applies to members of the Australian Defence Force who are subject to the Defence Force (Furlough) Regulations. The amendments primarily concern the payment of furlough entitlements and the salary of members, particularly in relation to higher duties allowance. The determination outlines specific regulations and rules that apply to these payments, including provisions for members under a legal disability. This legislative instrument has a national reach, being applicable across the Commonwealth of Australia. The determination is effective from the date of the specified determination under the Defence Act 1903, and it amends existing regulations to clarify and update the payment procedures. The amendments are made under the authority of the Defence Amendment Act 1979 and the Defence Act 1903, extending the application of the furlough regulations to ensure compliance with current financial regulations and allowances.
Key Provisions
The primary operative sections of this legislative instrument involve amendments to the Defence Force (Furlough) Regulations. Specifically, Regulation 7 is amended to modify the circumstances under which payments in lieu of furlough are made. The amendment involves omitting several sub-regulations and substituting a new sub-regulation (10), which allows the Minister to direct payments to a trustee or trustees instead of the member if they are under a legal disability (Regulation 7(10)). Additionally, Regulation 10 is amended to update the references regarding the salary of a member in respect of higher duties allowance (Regulation 10(3)(d)).
These amendments impose certain obligations on the Minister of State for Administrative Services, who is acting on behalf of the Minister of State for Defence. The Minister must ensure that payments in lieu of furlough are managed appropriately, particularly in cases where the member is under a legal disability. The Minister is authorised to appoint trustees and direct how payments should be held and managed for the benefit of the member. This includes ensuring that the payments are deemed to have been made to the member for all regulatory purposes except those specifically related to the regulation itself.
The legislative instrument does not explicitly outline specific offences or penalties for non-compliance with the amendments. However, breaches of regulations under the Defence Force (Furlough) Regulations could potentially lead to civil or criminal consequences depending on the severity and nature of the breach. The Defence Act 1903 and related financial regulations provide the framework within which such breaches might be prosecuted, and penalties could vary widely depending on the specific circumstances and jurisdiction. For instance, breaches involving financial mismanagement or fraud could attract more severe penalties under both civil and criminal law.