Defence Force (Furlough) Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 260, Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address specific regulatory gaps within the existing Defence Force (Furlough) Regulations. These regulations were introduced to provide clarity and precision in the definition of the term "period of absence without leave" and to update the salary provisions for members on furlough. This legislative instrument aims to ensure that the regulations governing military furlough are comprehensive and reflect current needs and practices, thereby maintaining the integrity and efficiency of the Defence Force.

Scope and Application

The Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, issued in 1979, pertain to members of the Australian Defence Force, including personnel from the Army, Navy, and Air Force, who are subject to the provisions regarding furlough. These regulations specifically amend the Defence Force (Furlough) Regulations to redefine the term "period of absence without leave" and to adjust the salary of a member during furlough. The regulations apply to any period after 20 February 1979 and encompass all members of the Defence Force affected by these changes. The geographic reach of these regulations is nationwide, as they are issued under Commonwealth authority, applying uniformly across all states and territories of Australia. There are no stated exclusions or exemptions within the provided text, meaning the changes are applicable to all relevant Defence Force members. Any further extension or restriction of application would be conducted through subordinate instruments, which are not detailed in the excerpt.

Key Provisions

The primary sections of this legislative instrument pertain to amendments of the Defence Force (Furlough) Regulations, particularly in relation to the interpretation of certain terms and the salary of a member. Under regulation 2, the definition of "period of absence without leave" is expanded to include situations where a member is not entitled to receive their pay or allowances, or where they are required to forfeit part of their pay or allowances under provisions of section 119 of the Defence Act 1903 or regulations made under that section. Regulation 10 is amended to adjust the salary provisions for members on furlough, with specific references to sections 76, 553c, and 556f of the Defence Force (Furlough) Regulations. These amendments apply to periods after 20 February 1979. The obligations imposed by these regulations include adherence to the definitions and salary provisions as outlined. Members of the Defence Force who are on furlough must comply with the stipulations regarding their pay and allowances, including forfeiture in certain circumstances. The regulations also impose a duty on the relevant authorities to ensure that these provisions are correctly applied and enforced. In terms of consequences for breaches of these regulations, the legislation does not explicitly detail offences, penalties, or other consequences for non-compliance. However, it is reasonable to infer that failure to adhere to the outlined provisions could result in disciplinary action or other administrative penalties as prescribed under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The specific penalties would be determined in accordance with the overarching legislative frameworks that govern these defence acts.