Defence Force (Reserves) (Financial) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 201, made under the Defence Amendment Act 1979, were enacted to amend the Defence Force (Reserves) (Financial) Regulations, specifically to address the financial allowances for reserve service members. The intent of this legislative instrument, introduced by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, was to update the allowances for reserve service members to reflect their current service needs and contributions. The Interim Determination was effective from 1 October 1980, providing an immediate adjustment to the financial support provided to reserve service members, recognising their commitment and the evolving nature of their duties.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations, as amended by these Statutory Rules, apply to members of the Australian Defence Force who are serving in a reserve capacity on or after 1 October 1980. This includes members serving as reservists in the Australian Army, Royal Australian Navy, and Royal Australian Air Force, as well as those in specific judicial roles, such as federal court judges and state or territory court judges, who are also serving in a reserve capacity. The Regulations are made under the Defence Amendment Act 1979 and are applicable on a national level throughout Australia, affecting members wherever they are located within the Commonwealth. The amendments modify the definition of "reserve service" to exclude those serving merely as employees and to include federal and state or territory court judges serving in a reserve capacity. Additionally, the Regulations adjust the financial allowances for attendance at reserve service, increasing the rates from the previous amounts. This Interim Determination does not specify any exclusions or exemptions but extends its application through the subordinate instrument, which is effective from the date of notification in the Commonwealth of Australia Gazette.

Key Provisions

The main operative sections of the Statutory Rules 1981 No. 201, Defence Force (Reserves) (Financial) Regulations (Amendment) provide significant changes to the financial allowances and definitions relevant to reserve service members. Specifically, Regulation 2 amends the definition of "reserve service" to exclude those serving as employees and to include judges of federal, state, or territory courts. Regulation 13 adjusts the financial allowances for attendance, increasing the amounts from $1.20 to $1.80, from $2.20 to $3.15, from $3.20 to $4.20, and from $4.00 to $5.80 respectively. These amendments apply to service rendered on or after 1 October 1980. These regulations impose specific obligations on parties governed by them. The updated definition of "reserve service" clarifies who qualifies as a reserve service member, excluding those who are employees and including judges in specified roles. The amendments to financial allowances establish new rates for attendance, which must be adhered to when calculating allowances for reservists. These changes necessitate that all relevant parties, including reservists and the Defence Force administration, comply with the new definitions and financial standards. Breach of these regulations can lead to civil or criminal consequences, although the specific penalties are not outlined in the provided text. Typically, non-compliance with financial regulations or failure to meet defined service criteria can result in legal action. The penalties for such breaches may include fines or other sanctions, depending on the nature and severity of the violation. It is essential for all parties to ensure adherence to these provisions to avoid potential legal repercussions.