Defence Force (Furlough) Regulations (Repeal)

Overview

The Defence Force (Furlough) Regulations Repeal Statutory Rules 1981 No. 3311, enacted on 11 November 1981, serves to repeal various prior regulations concerning furloughs in the defence force. This legislative instrument was introduced by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, aiming to streamline and modernise the regulations surrounding defence force furloughs. The repeal of previous regulations, including those from 1979, 1980, and 1981, is intended to align with the updated provisions that will be established under the forthcoming Determination 2701 regarding long service leave, as outlined under section 58b of the Defence Act 1903. The policy objective is to ensure that the regulations governing furloughs within the defence force are coherent, up-to-date, and effectively administered.

Scope and Application

The Defence Force (Furlough) Regulations 2 (Repeal) Interim Determination, made under section 12 of the Defence Amendment Act 1979, applies to the repeal of several statutory rules concerning furlough for members of the Australian Defence Force. Specifically, it repeals Statutory Rules from 1979 to 1981 that had previously governed aspects of furlough, marking a significant change in the legislative framework surrounding these provisions. This interim measure comes into effect on the date Determination 2701, concerning Long Service Leave, is made under section 58b of the Defence Act 1903. The repeal encompasses various regulations that had previously been in place, thereby altering the current legal standards and practices for members of the Defence Force on furlough. The interim nature of this determination suggests it is a temporary measure until further legislative action is taken to provide a comprehensive replacement framework.

Key Provisions

The main operative sections of this Interim Determination involve the repeal of specific statutory rules related to the Defence Force (Furlough) Regulations. Specifically, Statutory Rules 1979 Nos. 21, 256, and 260, as well as Statutory Rules 1980 Nos. 93, 147, 303, and 354, and Statutory Rules 1981 Nos. 18, 46, 95, 122, and 221 are repealed (sections 1 and 2). This repeal will come into effect on the day that Determination 2701, concerning Long Service Leave, is made under section 58b of the Defence Act 1903 (section 2). Essentially, this legislation serves to update and streamline the regulatory framework by removing outdated or superseded rules concerning Defence Force furlough. The obligations imposed by this Interim Determination are primarily procedural and administrative. The Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, is responsible for making this Interim Determination under section 12 of the Defence Amendment Act 1979 (section 1). The repeal of the specified statutory rules means that any existing provisions or regulations within those rules are no longer in force and must be disregarded. This ensures that the regulatory framework governing Defence Force furlough is kept current and compliant with any legislative updates or changes. Any breaches of the requirements set out in this Interim Determination could lead to legal consequences. However, the specific nature of these consequences is not detailed within the text of the Interim Determination itself. Generally, failure to comply with legislative instruments of this kind could result in administrative penalties or other legal repercussions, depending on the context and the specific regulations that were being breached. The maximum penalties, if any, would be determined by the relevant legislation governing the Defence Force furlough and Long Service Leave. It is important to note that this Interim Determination was notified in the Commonwealth of Australia Gazette on 20 November 1981 (NOTE 1), and further amendments or references to previous amendments can be found in the specified statutory rules and notes (NOTE 2). The repeal of these rules signifies an effort to maintain an up-to-date and efficient regulatory environment for Defence Force furlough policies and procedures.