Defence Force (Furlough) Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 256, enacted under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, introduce amendments to the Defence Force (Furlough) Regulations. This legislative instrument was established to update and refine the furlough regulations applicable to members of the Australian Defence Force. The regulations were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and were made with the authority of the Minister of State for Defence. The primary objective of these amendments is to ensure that the furlough provisions remain relevant and effective for members of the Navy, Army, and Air Force, aligning them with current administrative practices and needs. The amendments specifically address the salary provisions for members on furlough, introducing new regulation 10a and making corresponding adjustments in other sections of the existing regulations. These changes were designed to be applied to members of the Navy and Army from 10 May 1979, and to members of the Air Force from 9 May 1979, ensuring a smooth transition and implementation across the Defence Force. The regulations were notified in the Commonwealth of Australia Gazette on 30 November 1979, marking their formal adoption and enforcement.

Scope and Application

The Defence Force (Furlough) Regulations, as amended by Statutory Rules 1979 No. 256, apply to members of the Navy, Army, and Air Force, specifically those serving after 9 and 10 May 1979, depending on the service. These Regulations are instrumental in governing the furlough entitlements and associated conditions for military personnel, and they are made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The Regulations establish provisions for the salary of furloughed members, adjusting specific sections of the original regulations to reflect updated sub-regulations. The scope of these Regulations is limited to the Commonwealth of Australia and pertains exclusively to the Defence Force, encompassing all members who meet the specified service dates. Any further extension or restriction of the application of these Regulations can be achieved through subordinate instruments, thereby ensuring the adaptability and relevance of the furlough provisions in line with changing military needs and conditions.

Key Provisions

The main operative sections of these regulations amend the Defence Force (Furlough) Regulations, specifically updating the references to Regulation 10 by inserting new sub-regulation "10a" in sub-paragraph (i) of paragraph (c) in sub-regulation (2), and adding "regulation 10a," before "sub-regulation 11 (8)" in paragraph (a) of sub-regulation (3). These amendments apply to members of the Navy or the Army from 10 May 1979, and to members of the Air Force from 9 May 1979. These changes are intended to modify the furlough provisions affecting the salary and other entitlements of service members. The regulations impose certain obligations and requirements on the parties involved, specifically the members of the Navy, Army, and Air Force. These requirements pertain to the furlough entitlements as updated by the amendments. The regulations necessitate compliance with the new references to Regulation 10a, ensuring that the updated provisions are correctly applied in determining the furlough-related entitlements of service members. The obligations also include adherence to the effective dates specified for each branch of the Defence Force, ensuring that the new regulations are applied from the correct commencement dates. Any breaches of these regulations may lead to civil or criminal consequences. While the specific penalties are not detailed within the text of the regulations themselves, breaches of Defence Force regulations generally could result in disciplinary action against the service member, administrative penalties, or even legal action under the applicable Acts. The maximum penalties would depend on the nature and severity of the breach, and would be determined in accordance with the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, which provide the legal framework for enforcing compliance with the regulations.