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

Overview

The Statutory Rules 1982 No. 279, issued under the authority of the Minister for Defence, are amendments to the Defence Force (Reserves) (Financial) Regulations. Enacted in 1982, these amendments address the need to update the financial provisions related to certain officers within the Australian Defence Force, particularly concerning the roles and remuneration of chaplains and naval officers. These rules were made possible by Section 12 of the Defence Amendment Act 1979, which empowers the Minister to issue interim determinations amending or repealing regulations. The policy objective of these amendments is to ensure that the financial arrangements for Defence Force Reserves are current and reflective of the changes in roles and responsibilities within the Defence Force.

Scope and Application

The Statutory Rules 1982 No. 279, issued by the authority of the Minister for Defence, pertain to the amendment of the Defence Force (Reserves) (Financial) Regulations. These rules are a direct result of the powers conferred by Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations. The amendments outlined in these rules are effective as Statutory Rules. Specifically, regulation 4 is amended to omit the appointments of Chaplains-General and the associated rates of pay, substituting instead the appointment of Principal Chaplain with a new annual rate of pay. This amendment is effective from 27 September 1982, aligning with the date of appointments to the positions of Principal Chaplain in the Army. Additionally, the rules provide for the payment of an additional amount of pay to Reserve Principal Chaplains for duties performed between 1 July 1981 and 27 September 1982. Furthermore, Schedule 1 is amended to include rates of pay for Naval officers of the ranks of Commodore and Rear Admiral who may request transfer to the Australian Naval Reserve upon completion of their full-time service. These regulations apply to specific persons within the Defence Force, including Reserve Principal Chaplains and Naval officers of certain ranks, and are jurisdictional in scope, applying across the Commonwealth of Australia.

Key Provisions

The main provisions of these Statutory Rules (C2004L04333) revolve around the amendments made to the Defence Force (Reserves) (Financial) Regulations under section 12 of the Defence Amendment Act 1979. Specifically, Regulation 4, which deals with the annual rates of pay for certain officers, has been amended to remove the appointments of Chaplains-General and their respective pay rates, instead introducing the appointment of Principal Chaplains along with new annual pay rates (Reg. 4). Additionally, the Rules address the payment of additional remuneration to Reserve Principal Chaplains for duties performed between 1 July 1981 and 27 September 1982, the date when Army Principal Chaplains were formally appointed (Reg. 4). Furthermore, the Rules also modify Schedule 1 to include rates of pay for Naval officers of the ranks of Commodore and Rear Admiral who have transferred to the Australian Naval Reserve after completing their full-time service (Sch. 1). These Statutory Rules impose several obligations and requirements on the parties and entities they govern. Firstly, they require the cessation of appointments and pay rates for Chaplains-General, with a transition to the new role of Principal Chaplain and associated pay rates. This necessitates administrative adjustments in the appointment and payroll processes within the Defence Force. Secondly, Reserve Principal Chaplains must be compensated for the additional duties performed during the interim period before their formal appointment, which entails ensuring accurate record-keeping and payment calculations. Finally, the inclusion of pay rates for Naval officers of the ranks of Commodore and Rear Admiral in the Australian Naval Reserve mandates that these officers be appropriately compensated for their service post-transfer, which involves updating the relevant payroll systems and ensuring compliance with the new rates. Failure to comply with these Statutory Rules may result in various civil or criminal consequences. While specific offences and penalties are not detailed within the text of the Explanatory Statement, breaches of regulations governing pay and employment conditions within the Defence Force could potentially lead to disciplinary actions, financial penalties, or other legal repercussions. The exact nature and extent of these consequences would depend on the specific circumstances and the provisions of the Defence Force (Reserves) (Financial) Regulations, as well as any relevant military or civilian law applicable to the situation.