EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 459
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 16 of the Defence Force (Reserves) (Financial) Regulations provides for certain provisions which deal with the rates at which salary is payable to members serving on continuous full-time service to be applied to members of the Reserve Forces. All other provisions of the Defence Force (Reserves) (Financial) Regulations have been repealed.
These Statutory Rules repeal the Defence Force (Reserves) (Financial) Regulations as the remaining provision has been transferred to Determination 0199, Pay of Reserve Force Members, made under section 58B of the Defence Act 1903.
The date of effect is 31 December 1984, the date on which the amendment to Determination 0199, Pay of Reserve Force Members, is made under section 58B of the Defence Act 1903.
Overview
The Defence Force (Reserves) (Financial) Regulations Amendment Statutory Rules 1984 were enacted to streamline and update the financial regulations governing the Reserve Forces within the Australian Defence Force. The original Defence Force (Reserves) (Financial) Regulations, established under the Defence Amendment Act 1979, had provisions that were becoming outdated and required consolidation with other relevant legislation. These Statutory Rules were issued under the authority of the Minister for Defence, and their purpose was to repeal the existing regulations in their entirety, as the relevant provisions had been transferred to Determination 0199, Pay of Reserve Force Members, made under section 58B of the Defence Act 1903. This consolidation aimed to ensure that the financial regulations for Reserve Force members were consistent with current legislative frameworks and practices. The effective date of these changes was 31 December 1984, aligning with the amendment to Determination 0199.
Scope and Application
The Statutory Rules 1984 No. 459, issued by the authority of the Minister for Defence, amends the Defence Force (Reserves) (Financial) Regulations to repeal the existing regulations as a result of the transfer of their remaining provision to Determination 0199, Pay of Reserve Force Members, under section 58B of the Defence Act 1903. This amendment applies to members of the Reserve Forces who are serving on continuous full-time service, directly impacting their financial entitlements. The repeal of these regulations, effective from 31 December 1984, consolidates the financial provisions related to Reserve Force members' pay into the Determination, thereby streamlining the legislative framework governing their remuneration. This change reflects the ongoing legislative effort to modernise and integrate financial regulations within the Defence Act 1903.
Key Provisions
The main provisions of the Statutory Rules 1984 No. 459, issued under the authority of the Minister for Defence, involve the repeal of the Defence Force (Reserves) (Financial) Regulations (paragraph 3). Specifically, Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations. These interim determinations are deemed to be Statutory Rules, as outlined in this document. Regulation 16 of the Defence Force (Reserves) (Financial) Regulations, which previously dealt with the rates of salary for members of the Reserve Forces serving on continuous full-time service, is now transferred to Determination 0199, Pay of Reserve Force Members, made under Section 58B of the Defence Act 1903. The remaining provisions of the Defence Force (Reserves) (Financial) Regulations have been repealed, consolidating all relevant financial provisions into Determination 0199.
The obligations and requirements imposed by these Statutory Rules primarily concern the administration and application of financial provisions to members of the Reserve Forces. The repeal of the Defence Force (Reserves) (Financial) Regulations means that any financial matters related to Reserve Forces members must now be governed by Determination 0199, Pay of Reserve Force Members. This includes the rates of salary and other financial entitlements for those serving on continuous full-time service. The transition to Determination 0199 necessitates that all relevant authorities and entities ensure compliance with the new determination, which consolidates all applicable financial provisions in one place. This consolidation simplifies the administrative process and ensures that all financial matters are governed by a single, comprehensive regulation.
The Statutory Rules 1984 No. 459 also address the consequences of non-compliance with the new financial provisions. While the specific penalties for breach are not detailed in the Explanatory Statement, it is important to note that non-compliance with Defence-related regulations can lead to serious legal repercussions. In general, breaches of Defence regulations can result in both civil and criminal penalties, depending on the nature and severity of the offence. Civil penalties may include fines, while criminal penalties could range from imprisonment to more severe sanctions, depending on the circumstances. It is crucial for all parties governed by these regulations to adhere to the new financial provisions to avoid any potential legal consequences.