Defence Force Regulations (Amendment)

Overview

The Defence Force Regulations (Amendment) Statutory Rules 1996 were enacted to address the need for updating the Defence Force Regulations made under the Defence Act 1903 to reflect recent changes in the rates of pay for members of the Defence Force. These amendments were necessitated by modifications to Determination 0101, Salary of Permanent Force Members, and Determination 0199, Salary of Reserve Force Members, which were made by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903. The primary objective of these amendments is to ensure that the Regulations accurately reference the updated rates of pay as determined by the Remuneration Tribunal. The Statutory Rules were issued by the authority of the Minister for Defence and came into operation on the date of gazettal.

Scope and Application

The Defence Force Regulations (Amendment) Statutory Rules 1986 No. 101, issued by the authority of the Minister for Defence, amend the Defence Force Regulations to reflect recent modifications to the rates of pay for members of the Defence Force. These modifications, made by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903, necessitate updates to the Regulations, particularly in relation to the suspension and forfeiture of salary and allowances. The Regulations, which are made under the Defence Act, govern various administrative aspects of the Defence Force, including salary-related provisions for both permanent and reserve force members. The amendment ensures that the Regulations continue to accurately reference the current rates of pay as determined by the Remuneration Tribunal, thereby maintaining the integrity and relevance of the statutory framework governing Defence Force remuneration. The changes apply to all members of the Defence Force, encompassing both the permanent and reserve forces, and the amendments come into effect on the date of their gazettal.

Key Provisions

The Defence Force Regulations (Amendment) Statutory Rules 1986 No. 101, issued by the authority of the Minister for Defence, make consequential amendments to the Defence Force Regulations (the "Regulations"). These amendments are necessary following modifications to the rates of pay for members of the Defence Force, as determined by the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903 ("the Act"). Regulation 68 of the Regulations, which prescribes the amount of salary to be forfeited by a member of the Defence Force while undergoing detention under service law, is specifically amended to reflect these modifications. The main sections of the Statutory Rule that require attention are paragraphs (a) and (b) of the Statutory Rule. These paragraphs amend paragraphs 68(1)(a) and 68(1)(b) of Regulation 68 to include references to modifications of Determinations 0101 and 0199 made by the Remuneration Tribunal. Determination 0101 relates to the salary of permanent force members, while Determination 0199 pertains to the salary of reserve force members. The amendments ensure that the Regulations incorporate the latest rates set by the Remuneration Tribunal. Under the amended Regulation 68, any member of the Defence Force undergoing detention under service law will have their salary forfeited according to the rates set out in the modified Determinations 0101 and 0199. These modifications ensure that the salary forfeiture aligns with the current remuneration rates set by the Remuneration Tribunal. This amendment is crucial for maintaining consistency and fairness in the enforcement of salary forfeiture provisions. The Statutory Rule imposes obligations on the Defence Force to update and adhere to the modified rates of pay as determined by the Remuneration Tribunal. This includes ensuring that any forfeiture of salary during detention under service law is calculated in accordance with the latest rates. Additionally, the Remuneration Tribunal has the responsibility to review and adjust the rates of pay for members of the Defence Force as necessary, and these adjustments must be reflected in the Regulations. There are no specific offences, penalties, or civil/criminal consequences outlined in the Statutory Rule itself. However, non-compliance with the amended Regulation 68 could potentially lead to disputes or legal challenges regarding the calculation of salary forfeiture during detention. Such disputes would likely be resolved within the framework of the Defence Act 1903 and relevant common law principles. The Statutory Rule simply ensures that the Regulations are updated to reflect the latest rates determined by the Remuneration Tribunal, thereby maintaining legal consistency and fairness in the administration of the Defence Force.