Statutory Rules
1980 No. 44
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this sixth day of March 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
Amendments of the Defence Force (Reserves) (Financial) Regulations2
Pay of members other than officers and trainees
1. Regulation 8 of the Defence Force (Reserves) (Financial) Regulations is amended —
(a) by inserting after sub-regulation (1B) the following sub-regulation:
“(1BA) Where the Minister determines under sub-regulation 31 (5) of the Naval Financial Regulations, 12B (5) of the Military Financial Regulations and 549 (5) of the Air Force Regulations that a pay level specified in Part I of Schedule 5 is appropriate to a class of soldiers or sailors or a mustering, the number of years of service in a rank specified in Part II of Schedule 5 of a member who —
(a) on or after the date of effect of that determination is included in a class or mustering the pay level for which is included in that determination; and
(b) immediately before inclusion in that mustering held that rank, but was included in a class of soldiers, sailors or airmen determined by the Minister to be a class to which sub-regulation 12BA (4) of the Military Financial Regulations, 31A (3) of the Naval Financial Regulations or 549A (2) of the Air Force Regulations applies;
shall be deemed to have been increased from the date of his inclusion in that class or mustering, where the number of years of service applicable for the purposes of sub-regulation 12 (5) to the pay level applicable to that class or mustering, exceeds the number of years of service applicable to the class referred to in paragraph (b), by a period equal to that excess number of years.”; and
(b) by inserting in sub-regulation (1F) “(1BA),” after “(1B),”.
Application
2. The Defence Force (Reserves) (Financial) Regulations as amended by clause 1 apply in relation to an inclusion in a mustering or class of soldiers or sailors to which sub‑regulation 8 (1BA) applies, that occurs on or after 1 February 1980.
1. Notified in the Commonwealth of Australia Gazette on 14 March 1980.
2. Statutory Rules 1976 No. 16 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 10 and see also Statutory Rules 1980 Nos. 10 and 24.
Overview
Statutory Rules 1980 No. 44, made under the Defence Amendment Act 1979, addresses a gap in the financial regulations concerning the pay of members in the Defence Force Reserves. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, the interim determination aims to adjust the pay of certain reservists in alignment with specific service criteria. The policy objective behind this legislative instrument is to ensure that the financial remuneration of Defence Force Reserves members accurately reflects their years of service and rank, thereby providing equitable compensation within the Defence Force structure. The changes introduced by this instrument are intended to take effect from 1 February 1980, impacting those reservists who are included in a mustering or class to which the new sub-regulations apply.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, pertains to amendments in the Defence Force (Reserves) (Financial) Regulations. Specifically, the Determination alters the pay of members other than officers and trainees, ensuring that certain members are deemed to have increased their number of years of service in a particular rank from the date of their inclusion in a class or mustering where a higher pay level is applicable. This amendment applies to any inclusion in a mustering or class of soldiers or sailors that occurs on or after 1 February 1980. The application of this legislation is thus confined to reservists within the Australian Defence Force whose service classification and pay level are affected by the newly inserted sub-regulations. The Determination extends to all classes and musterings of soldiers, sailors, and airmen within the Defence Force Reserves as defined by the relevant financial regulations of the Navy, Military, and Air Force.
Key Provisions
The main operative sections of this Interim Determination (Statutory Rules 1980 No. 44) amend Regulation 8 of the Defence Force (Reserves) (Financial) Regulations (1976). Specifically, the amendment pertains to the pay of members other than officers and trainees, with the addition of sub-regulation (1BA) (paragraph 1(a)) and the insertion of "(1BA)" in sub-regulation (1F) (paragraph 1(b)). This amendment is effective for inclusions in a mustering or class of soldiers or sailors that occur on or after 1 February 1980.
The obligations and requirements imposed by this Act pertain to the calculation of pay for members of the defence force reserves who transition into a new class or mustering. If the Minister determines that a specific pay level is appropriate for a class of soldiers, sailors, or mustering, and a member has previously held a rank in a different class but is now included in the new class, their years of service will be deemed to increase from the date of inclusion. This increase is calculated by the excess number of years of service required for the new pay level compared to the years of service applicable to the previous class.
In terms of penalties or consequences for breaches of this Interim Determination, the legislation itself does not explicitly detail any sanctions. However, breaches of regulations under the Defence Amendment Act 1979 or the Defence Force (Reserves) (Financial) Regulations may lead to disciplinary action, administrative penalties, or other legal consequences as prescribed by the relevant Defence Acts or regulations. The exact penalties would depend on the nature and severity of the breach, as well as any applicable Defence Force rules or regulations.
This Interim Determination serves to clarify and update the financial regulations for reservists within the defence force, ensuring that pay is calculated accurately and fairly upon reclassification or remustering. It provides a specific mechanism for adjusting years of service for members who transition between classes, ensuring that their pay reflects their new status and responsibilities.