EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 273
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE (RESERVES) (FINANCIAL) REGULATIONS (AMENDMENT)
The Defence Force (Reserves) (Financial) Regulations, made under the Defence Act, the Naval Defence Act and the Air Force Act, provide for pay and related matters for members of the Defence Force rendering Reserve service.
Paragraph (1)(b) of regulation 3 provided for the Minister for Defence to delegate any of his powers and functions under the regulations to a person holding an office in the First, Second or Third Division of the Australian Public Service. This Statutory Rule amends paragraph (1)(b) to substitute “Australian Public Service the minimum rate of salary for which is not less than the minimum rate of salary for an office of Clerk, Class 1, in that Service” for “First, Second or Third Division of the Australian Public Service”.
The purpose of the amendment is to remove reference to the divisional structure of the Australian Public Service.
The Statutory Rule has effect from the date of gazettal.
Overview
The Defence Force (Reserves) (Financial) Regulations (Amendment) Statutory Rules 1982, enacted to streamline administrative processes within the Defence Force, aim to modernise the regulatory framework governing financial matters for Reserve service members. This amendment, issued by the authority of the Minister for Defence, modifies the regulatory structure by removing the specific reference to the divisions within the Australian Public Service (APS) for delegation purposes. Instead, it introduces a new criterion based on the minimum rate of salary, specifically aligning it with the minimum rate for a Clerk, Class 1, in the APS. This change is intended to simplify the delegation process and better reflect current practices within the public service. The policy objective is to enhance efficiency and clarity in the administration of financial regulations for Defence Force Reserves.
Scope and Application
The Defence Force (Reserves) (Financial) Regulations (Amendment) Statutory Rule 1982 No 273 amends the Defence Force (Reserves) (Financial) Regulations, which are established under the Defence Act, the Naval Defence Act, and the Air Force Act to govern financial matters such as pay for members of the Defence Force who are serving in the reserves. Specifically, the amendment modifies the delegation of powers and functions by the Minister for Defence to individuals in the Australian Public Service. The change involves updating the criteria for the office holder in the Australian Public Service who can be delegated these powers, replacing the previous reference to the First, Second, or Third Division with a requirement that the office must have a minimum salary rate equivalent to that of a Clerk, Class 1. This amendment aims to streamline the delegation process by removing the divisional structure reference, thereby simplifying the regulatory framework. The Statutory Rule comes into effect from the date it is gazetted.
Key Provisions
The Defence Force (Reserves) (Financial) Regulations, as amended by these Statutory Rules, primarily address the financial arrangements for members of the Defence Force who are rendering Reserve service. Section 3(1)(b) of the regulations, which previously allowed the Minister for Defence to delegate powers and functions to any person in the First, Second, or Third Division of the Australian Public Service, has been modified. Now, the delegation of these powers can only occur to a person in the Australian Public Service whose minimum salary rate is at least equivalent to that of a Clerk, Class 1. This amendment effectively removes the previous reference to the specific divisions within the Australian Public Service and instead focuses on the minimum salary threshold as a criterion for delegation.
Under the amended regulation, the obligations placed on the Minister for Defence and the relevant personnel within the Australian Public Service are significant. The Minister must ensure that any delegation of powers and functions is made to an individual who meets the new salary criterion. This means that the person appointed to handle these responsibilities must have a minimum salary rate equivalent to that of a Clerk, Class 1, thereby ensuring that the delegated individual is suitably qualified and appropriately compensated for the tasks they are to undertake. The Australian Public Service, in turn, must ensure that the individuals who are considered for such delegations meet this new threshold, thereby maintaining the integrity and effectiveness of the delegation process.
The Statutory Rules also outline potential consequences for non-compliance with these provisions. If the Minister for Defence delegates powers and functions to a person who does not meet the specified minimum salary criteria, this could be considered a breach of the regulations. Such a breach might result in the actions taken under the delegated powers being deemed invalid or subject to legal challenge. Although specific penalties are not outlined in the Statutory Rules, the broader legislative framework under which these regulations operate could impose administrative, civil, or even criminal penalties depending on the nature and extent of the breach. These potential consequences underscore the importance of adhering to the stipulated requirements to avoid any legal repercussions.