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

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Statutory Rules

1979 No. 22

REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated this fourteenth day of February 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services for and on behalf of the Minister of State for Defence

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AMENDMENTS OF THE DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS2

Interpretation

1. Regulation 2 of the Defence Force (Reserves) (Financial) Regulations is amended by inserting in sub-regulation (1), after the definition of “appropriate Schedule”, the following definition:

“ ‘approved category’ means a category of members approved by the Minister under regulation 6a;”.

Pay of members

2. Regulation 5 of the Defence Force (Reserves) (Financial) Regulations is amended—

(a) by inserting in sub-regulation (2) “other than a member referred to in sub-regulation (2a)” after “member”; and

(b) by inserting after sub-regulation (2) the following sub-regulation:

“(2a) Where a member included in an approved category renders reserve service on a day for a period of less than one hour, he shall not be paid an amount under sub-regulation (1) in respect of that service.”.

3. The Defence Force (Reserves) (Financial) Regulations are amended by inserting after regulation 6 the following regulation:


Approved categories of members

“6a. (1) the Minister may determine that a category of members is an approved category for the purpose of these Regulations.

“(2) In making a determination under sub-regulation (1), the Minister shall have regard to—

(a) the special skills or qualifications of members of the category;

(b) the special positions or offices held by members of the category; and

(c) the nature of the duties normally performed by members of the category.

“(3) The Minister shall not make a determination under this regulation with respect to members of a category unless he is satisfied that the duties normally performed by members of the category are of such a nature as would normally be performed within a period of less than 2 hours.

“(4) A determination under sub-regulation (1)—

(a) takes effect from the date on which it is made or, if it is expressed to take effect from some other date, that other date;

(b) shall not be expressed to take effect—

(i) from a date before that sub-regulation came into operation; or

(ii) from a date that is more than 2 years before the date on which it is made; and

(c) shall not be expressed to take effect from a date before the date on which it was made in a case where, if it so took effect—

(i) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or

(ii) liability would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made.

Reduction in respect of short service on a day

4. Regulation 10 of the Defence Force (Reserves) (Financial) Regulations is amended—

(a) by inserting in sub-regulation (1) “,or for periods amounting in the aggregate to,” after “for a period of”;

(b) by inserting in paragraph (a) of sub-regulation (1) “,or those periods of service are,” after “service is”; and


(c) by inserting after sub-regulation (1) the following sub-regulations:

“(1a) Subject to sub-regulation (2), where a member included in an approved category renders reserve service on a day for a period of not less than 1 hour but less than 2 hours, he shall be paid in respect of that service an amount equal to one-sixth of the amount that the member would, but for this sub-regulation, be entitled to be paid in respect of that service.

“(1b) In calculating the amount payable to a member under sub-regulation (1), regard shall not be had to a period or periods of service on a day of less than 2 hours.”.

Application

5. The Defence Force (Reserves) (Financial) Regulations, as amended by these Regulations, apply in relation to service by a member of the Army or Air Force on or after 1 July 1977.

 

Notes

1 Notified in the Commonwealth of Australia Gazette on 21 February 1979.

2 Statutory Rules 1976 No. 16 as amended by Statutory Rules 1976 Nos. 41, 75, 82, 137, 198 and 264; 1977 Nos. 81, 97, 160, 174 and 280; and 1978 Nos. 5, 51, 117 and 240.

Overview

The Statutory Rules 1979 No. 22, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were enacted by the Governor-General with the advice of the Federal Executive Council. These regulations address the financial aspects of reserve service within the Defence Force, particularly focusing on the pay and allowances for members rendering reserve service for short periods. The primary objective is to ensure that the financial provisions are fair and reflective of the actual service rendered, particularly for members whose duties typically require less than two hours on a given day. The regulations amend the Defence Force (Reserves) (Financial) Regulations to introduce specific pay rules for members in approved categories who serve for periods shorter than two hours.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations, as amended, apply to members of the Army or Air Force who render reserve service on or after 1 July 1977. These regulations primarily address the financial aspects of reserve service, including the conditions for payment of allowances and the adjustments for service rendered in short periods. Specifically, the regulations outline how members within approved categories are compensated, taking into account the special skills, qualifications, and duties of these members. Additionally, they include provisions for reduced payments for members who render service for periods of less than two hours on a particular day. The Minister has the authority to determine which categories of members are approved based on the nature of their duties and the special positions they hold. The amendments extend the application of these regulations to ensure that members are fairly compensated while also accommodating the practicalities of short-term reserve service.

Key Provisions

The primary sections of these regulations, specifically Section 2, introduce an "approved category" of members within the Defence Force (Reserves) (Financial) Regulations. This category is determined by the Minister based on special skills, qualifications, positions, or the nature of duties performed by the members. Members in this approved category may have their pay adjusted if they render reserve service for periods shorter than two hours, as per Section 2a. Additionally, Section 6a provides the criteria and process for determining which categories of members will be approved by the Minister. The regulations also modify the calculation of pay for those who serve for periods between one and two hours, as outlined in Section 10. These amendments apply to service rendered by members of the Army or Air Force on or after 1 July 1977. These regulations impose several obligations on the parties involved. Firstly, the Minister is required to determine whether a category of members should be classified as an approved category, taking into account factors such as the members' special skills, qualifications, positions, or the nature of their duties. The Minister must also ensure that the duties normally performed by members of the approved category are typically completed within a period of less than two hours. Furthermore, any determination made by the Minister must comply with specific conditions, including that it cannot take effect before the regulations came into operation or before the date on which it is made in cases where it would prejudicially affect the rights of a person or impose liability on a person. The regulations introduce certain consequences for non-compliance. While specific offences, penalties, or civil/criminal consequences are not explicitly stated in the text, the regulations provide for reduced payments for members who serve for periods less than two hours. For instance, under Section 2a, members in an approved category who render reserve service for less than one hour on a given day will not be paid for that service. Additionally, under Section 10, members who serve for periods between one and two hours will receive a reduced payment, equal to one-sixth of the amount they would otherwise be entitled to. These provisions serve to adjust compensation based on the duration of service rendered by members in specific categories.

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