Statutory Rules
1980 No. 154
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 June 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
Interpretation
Regulation 2 of the Defence Force (Reserves) (Financial) Regulations is amended by:
(a) inserting in sub-regulation (1) the following definition:
“ ‘legal officer’ means an officer who is a barrister or solicitor or barrister and solicitor of the High Court or of the Supreme Court of a State or Territory;”; and
(b) omitting from sub-regulation (1) the definition of ‘reserve service’ and substituting the following:
“ ‘reserve service’ means service rendered by a member, other than service —
(a) in respect of which he is entitled to be paid salary under the Defence (Salaries) Regulations; or
(b) rendered by a legal officer during a period not forming part of a period of service which he is obliged to render in order to fulfil his training commitment and being a period during which he would otherwise be engaged in his private professional capacity between the hours of 9 o’clock in the morning and 5 o’clock in the evening on a Monday, Tuesday, Wednesday, Thursday or Friday;”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 20 June 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, 24, 44, 83 and 94.
Overview
The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, was enacted to address gaps in the existing Defence Force (Reserves) (Financial) Regulations. Specifically, this legislation aimed to refine the definitions and conditions around the financial entitlements of members in the reserve forces, including the clarification of the term "reserve service" and the introduction of a definition for "legal officer." The policy objective, as outlined in the Interim Determination, is to ensure that the financial regulations governing reserve service members are clear and accurately reflect the specific circumstances and obligations of those in reserve roles, particularly for legal officers who may have dual professional commitments. This legislative instrument is intended to provide a temporary measure until a more comprehensive revision of the regulations can be undertaken.
Scope and Application
This Interim Determination under the Defence Amendment Act 1979 applies to the Defence Force (Reserves) (Financial) Regulations and is made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The determination introduces specific amendments to the interpretation of terms within the regulations, particularly defining 'legal officer' and 'reserve service'. The term 'legal officer' now includes those who are barristers or solicitors of the High Court or the Supreme Court of a state or territory, thereby extending the scope of who is recognised as a legal officer within the Defence context. 'Reserve service' is redefined to exclude service for which a member is entitled to salary and service rendered by a legal officer during specific hours, clarifying the scope of unpaid reserve duties. This legislation has a Commonwealth reach, governing the financial aspects of reserve service within the Australian Defence Force. The determination does not explicitly state exclusions or thresholds but implies certain conditions under which reserve service is considered unpaid. The application of this determination can be further refined or extended through subordinate instruments, which may provide additional clarifications or specific instances of application.
Key Provisions
The main operative sections of this legislation pertain to amendments of the Defence Force (Reserves) (Financial) Regulations, particularly the definitions of ‘legal officer’ and ‘reserve service’. The Interim Determination modifies Regulation 2, inserting a new definition for ‘legal officer’ (paragraph (a)) and omitting and replacing the existing definition of ‘reserve service’ (paragraph (b)). The new definition for ‘reserve service’ excludes service for which a member is paid a salary and service by a legal officer during specific hours when they would otherwise be engaged in their private professional capacity.
The Act imposes certain obligations on the parties it governs. Members of the Defence Force Reserves must adhere to the new definitions of ‘legal officer’ and ‘reserve service’ as provided in the amended Regulation 2. The definition of ‘reserve service’ now specifically excludes service that would otherwise be performed by a legal officer during certain hours when they would typically be engaged in their private professional capacity. This requirement necessitates careful record-keeping and reporting to ensure compliance with the new definition.
In terms of consequences for breach, the legislation does not explicitly outline penalties or consequences for non-compliance with the new definitions. However, failure to adhere to the amended definitions could potentially lead to disputes over entitlements and financial obligations. Given that the Interim Determination is made under the Defence Amendment Act 1979, any significant breaches could potentially result in administrative or disciplinary action under the broader Defence Act framework, although specific penalties are not detailed in this particular legislative instrument.