EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 235
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (“the Regulations”), made under the Defence Act 1903 (“the Act”), prescribe various matters relating to the administration of the Defence Force.
Background
Section 120B of the Act, (which was inserted by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985), provides a new scheme for the attachment of a Defence Force member’s salary to satisfy a judgment order against that member, subject to various controls for the protection of the member’s interests. Sub-section 120B(4) provides that judgment creditors are to be charged a fee, at the prescribed rate, for each deduction made from a member’s salary under section 120B.
Sub-section 2(15) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 provides that section 120B of the Defence Act 1903 shall come into operation on a day to be fixed by proclamation. Proclamation of section 120B has been deferred pending the introduction of a new regulation prescribing an administration fee, payable by the judgment creditor, for the making of deductions under that section.
Amendments of the Defence Force Regulations
This Statutory Rule amends the Regulations by prescribing, for the purposes of sub-section 120B(4) of the Act, an administration fee for each deduction made under section 120B.
Regulation 1 of the Statutory Rule provides that the amendments shall come into operation on 1 October 1985.
Regulation 2 of the Statutory Rule inserts Part XVI into the Regulations, comprising regulation 83.
Regulation 83 prescribes an administration fee for amounts deducted from a member’s salary, payable by the judgment creditor, at the rate of 2½% of each amount deducted.
Commencement
The amendments come into operation on 1 October 1985.