Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 152, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, was enacted to amend the Defence Force (Salaries) Regulations and specifically address the allowance for posts in Islamabad and New Delhi. This legislative instrument was introduced to ensure that Defence Force personnel serving in these locations are appropriately compensated for their duties. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations on 2 August 1979. The policy objective underpinning these amendments is to provide equitable treatment and recognition of service conditions for military personnel stationed in these international posts.

Scope and Application

The Regulations made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, specifically amending the Defence Force (Salaries) Regulations, apply to the personnel of the Australian Defence Force, including members of the Army, Navy, and Air Force, who are entitled to post allowances. These Regulations extend to include new locations, specifically Islamabad and New Delhi, for the purposes of determining eligibility for such allowances. The geographic reach of these Regulations is national, as they pertain to the entire Australian Defence Force and its operations. The Regulations do not specify any exclusions or exemptions but implicitly exclude those locations not listed under the amended regulations. The amendments to the Defence Force (Salaries) Regulations are effective from 6 July 1978, as stipulated in the commencement clause of the Regulations.

Key Provisions

The main operative sections of these Regulations introduce amendments to the Defence Force (Salaries) Regulations, specifically altering the post allowance for defence force members. Regulation 1 modifies sub-regulation (12) by inserting two new sub-paragraphs: (iva) for Islamabad and (ixa) for New Delhi. These additions mean that defence force members stationed in these locations are now eligible for the specified post allowance. Regulation 2 stipulates that these amendments are deemed to have come into operation on 6 July 1978, providing a clear commencement date for the changes. The Regulations impose certain obligations and requirements on the parties they govern, particularly those within the defence force. Defence force members who are stationed in Islamabad or New Delhi must now meet the criteria for the post allowance as amended. Additionally, the defence force administration must ensure that the appropriate allowances are calculated and disbursed to eligible members based on the updated regulations. The Regulations also mandate that all relevant documentation and records must accurately reflect these amendments to comply with the updated post allowance provisions. Breaching these Regulations could result in various consequences, though the specific text does not detail offences or penalties. Typically, failure to comply with regulations governing allowances and remuneration within the defence force could lead to administrative penalties, financial discrepancies, or disciplinary actions against the responsible officers. Although the exact penalties are not specified in the provided text, they would likely be aligned with the general disciplinary and administrative procedures outlined in the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. These acts provide a framework within which the penalties for non-compliance with regulations are determined, which could range from fines to more severe administrative sanctions depending on the nature and severity of the breach.