EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 271
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations, made under the Defence Act, provide for matters of administration common to the three arms of the Defence Force.
Paragraph (1)(d) of regulation 3A provided for the Minister for Defence to delegate any of his powers or functions under the Regulations to a person holding an office in the First or Second Division of the Australian Public Service. This Statutory Rule amends paragraph (1)(d) to substitute “Australian Public Service the minimum rate of salary for which exceeds the maximum rate of salary for an office of Clerk, Class 11, in that Service” for “First or Second Division of the Australian Public Service”.
The purpose of the amendment is to remove reference to the divisional structure of the Australian Public Service.
The Statutory Rule has effect from the date of gazettal.
Overview
The Defence Force Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Defence, were enacted to amend the Defence Force Regulations made under the Defence Act. This amendment specifically targets the delegation of powers and functions by the Minister for Defence to individuals within the Australian Public Service (APS). Initially, the regulation permitted the delegation to individuals in the First or Second Division of the APS. The 1982 amendment seeks to streamline this process by removing the reference to the divisional structure and instead specifies that the delegation can be made to individuals whose minimum salary exceeds the maximum rate for a Clerk, Class 11, in the APS. This change aims to simplify and clarify the criteria for delegation, ensuring that the necessary qualifications are based on salary thresholds rather than divisional classifications. The amendment took effect from the date of its gazettal.
Scope and Application
The Defence Force Regulations, as amended by the Statutory Rules 1982 No. 271, govern administrative matters across the Australian Defence Force's three branches. Specifically, this amendment to regulation 3A modifies the criteria for the delegation of the Minister for Defence's powers and functions. It alters the qualification for the person to whom these powers can be delegated, specifying that they must hold an office in the Australian Public Service where the minimum salary rate exceeds that of a Clerk, Class 11. This change effectively removes the previous requirement that the person must hold a position in either the First or Second Division of the Australian Public Service, thus simplifying the eligibility criteria. The amendment aligns with the evolving structure of the Australian Public Service, ensuring the regulation remains relevant and effective. The Statutory Rule is effective from the date of its gazettal, providing immediate applicability to the Defence Force Regulations.
Key Provisions
The key operative sections of the Statutory Rule 1982 No 271, which amends the Defence Force Regulations, pertain primarily to the delegation of powers within the Australian Public Service. Specifically, regulation 3A(1)(d) is amended to redefine the eligibility criteria for the delegation of ministerial powers. Previously, the regulation allowed for delegation to officers in the First or Second Division of the Australian Public Service. The amendment changes this to any officer in the Australian Public Service whose minimum salary exceeds the maximum rate of salary for an office of Clerk, Class 11. This adjustment effectively broadens the scope of eligible officers for delegation while maintaining a certain salary threshold.
The obligations imposed by this amendment require the Minister for Defence to consider a wider pool of officers within the Australian Public Service when delegating powers or functions under the Defence Force Regulations. The amendment necessitates that any officer eligible for such delegation must meet the specified salary criteria, ensuring that only suitably qualified officers are entrusted with these responsibilities. The changes also imply a need for internal administrative updates to ensure compliance with the new eligibility standards.
In terms of potential consequences, the Statutory Rule itself does not explicitly outline offences or penalties for non-compliance. However, any failure to adhere to the amended criteria for delegation could lead to challenges regarding the validity of delegated actions. Such challenges might arise in administrative or judicial reviews if it is found that the delegated officer does not meet the new salary threshold. Although the Statutory Rule does not specify maximum penalties, breaches of delegation criteria could lead to broader administrative or legal consequences, including the potential nullification of actions taken by improperly delegated officers. It is essential for the Minister for Defence and relevant officers to ensure full compliance with the new provisions to avoid any legal ramifications.