EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 394
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (ANNUAL RATES OF PAY) REGULATIONS (AMENDMENT)
Background
The Defence Amendment Act 1979 implemented a scheme whereby the legislative authority for financial conditions of service would be transferred from regulations to determinations made by the Minister for Defence. A new section 58B was inserted in the Defence Act 1903 to authorise the making of determinations relating to conditions of service.
As a transitional arrangement, section 12 of the Defence Amendment Act 1979 provided that, during an interim period which will expire on 31 December 1984, the Minister for Defence might make determinations amending or repealing specified regulations, including the Defence Force (Salaries) Regulations.
With effect from 31 December 1984, it is proposed to repeal under section 12 of the Defence Amendment Act 1979 those provisions of the Defence Force (Salaries) Regulations which relate to remuneration and to remake the provisions as a determination under section 58B of the Defence Act 1903.
Consequential amendments are required to the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations.
Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations
Section 3 of the Defence Force Retirement and Death Benefits Act 1973 (“the Act”) provides for a member’s “annual rate of pay” (the basis for calculating contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme) to be prescribed.
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (“the Annual Rates of Pay Regulations “), made under the Act, prescribe the annual rate of pay of a member of the Defence Force, for the purposes of the Act. Essentially this is done by reference to the rates of salary prescribed under the Defence Force (Salaries) Regulations.
This Statutory Rule amends the Annual Rates of Pay Regulations to omit references to the Defence Force (Salaries) Regulations and substitute references to the Determination that will replace those Regulations.
Regulation 1 of the Statutory Rule specifies 31 December 1984 as the date of commencement of the amendments.
Regulation 2 of the Statutory Rule inserts a new definition in sub-regulation 3(1).
Regulation 3 of the Statutory Rule amends regulation 4 to omit references to the Defence Force (Salaries) Regulations and substitute references to the new Determination.
Overview
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) 1984, issued under the authority of the Minister for Defence, addresses the legislative transition necessitated by the Defence Amendment Act 1979. This Act sought to transfer the legislative authority for financial conditions of service from regulations to determinations made by the Minister for Defence, which involved amending or repealing specified regulations such as the Defence Force (Salaries) Regulations. As a transitional measure until 31 December 1984, the Minister was empowered to make determinations amending or repealing these regulations. The problem this legislation aimed to solve was the need to update and align the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations with the new legislative framework, ensuring that the annual rates of pay prescribed under the Defence Force Retirement and Death Benefits Act 1973 would correctly reference the new determinations replacing the repealed regulations. The policy objective was to ensure a smooth transition to the new system of determinations while maintaining consistent and accurate financial conditions for Defence Force members.
Scope and Application
The Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) Statutory Rules 1984 No. 394 pertains to the Defence Force Retirement and Death Benefits Act 1973, specifically addressing the annual rates of pay for members of the Australian Defence Force. This amendment applies to all current and future members of the Defence Force, including military personnel, and it encompasses the calculation of contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme. The regulations are designed to reflect the changes in remuneration and benefits as determined by the Minister for Defence under the Defence Act 1903. These changes take effect from 31 December 1984, where the regulations will no longer reference the Defence Force (Salaries) Regulations but instead will refer to the new Determinations made by the Minister for Defence. This amendment ensures that the statutory rules align with the legislative shift from regulations to Ministerial determinations regarding conditions of service.
Key Provisions
The main operative sections of the Defence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations (Amendment) involve updating the references within the Annual Rates of Pay Regulations to reflect the changes to the legislative framework. Specifically, Section 3 of the Defence Force Retirement and Death Benefits Act 1973 mandates that the annual rate of pay for Defence Force members is to be prescribed by regulation. This prescription is currently carried out by the Annual Rates of Pay Regulations, which currently reference the Defence Force (Salaries) Regulations. The Statutory Rule, through Regulation 3, amends these references to point to the new Determination that will replace the Defence Force (Salaries) Regulations, effective from 31 December 1984.
The obligations and requirements imposed by this Statutory Rule on the relevant parties are primarily administrative in nature. The Annual Rates of Pay Regulations must be updated to reflect the legislative changes. This includes ensuring that all references to the Defence Force (Salaries) Regulations are replaced with references to the new Determination. This amendment ensures that the Annual Rates of Pay Regulations remain aligned with the current legislative framework, which mandates that financial conditions of service be governed by Determinations rather than Regulations. The Statutory Rule also sets a clear timeline for these changes, with the amendments coming into effect on 31 December 1984.
The Statutory Rule does not explicitly mention any offences, penalties, or civil/criminal consequences for non-compliance with the amendment. However, the requirement to update the Annual Rates of Pay Regulations to align with the new legislative framework is critical. Non-compliance could potentially result in inaccuracies in the calculation of members' contributions and entitlements under the Defence Force Retirement and Death Benefits Scheme. While the Statutory Rule itself does not prescribe specific penalties, any failure to adhere to the updated regulations could be subject to broader administrative or legal consequences within the Defence Force's regulatory environment.