Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 254, Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, was enacted to address the need for specific amendments to the Defence Force (Salaries) Regulations. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to provide updated salary rates for certain ranks within the Australian Defence Force, specifically for senior medical and dental officers. The objective is to ensure that these officers receive appropriate allowances reflective of their rank and the period of service. This legislative instrument applies to service by members of the Navy or the Army after 10 May 1979 and by members of the Air Force after 9 May 1979.

Scope and Application

The Statutory Rules 1979 No. 254 made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, pertain to the Defence Force (Salaries) Regulations. These regulations specifically apply to members of the Navy, Army, and Air Force who are serving or have served in specific ranks, with a focus on the payment of allowances to senior medical and dental officers. The regulations apply to service after certain dates in 1979, marking the geographic and jurisdictional reach as Commonwealth-wide, affecting all members of the Australian Defence Force. The specific amendments and insertions to the regulations ensure that members in certain ranks are eligible for defined allowances, with adjustments made to the rates of these allowances. These regulations do not explicitly state any exclusions, exemptions, or thresholds beyond the specified ranks and dates of service. The application of these regulations is further extended or restricted through subordinate instruments as needed.

Key Provisions

The legislative instrument in question amends the Defence Force (Salaries) Regulations to introduce a new special allowance for senior medical and dental officers within the Australian Defence Force (ADF) (regulation 10a). Specifically, this regulation provides for an allowance for officers in the ranks of Commodore in the Navy, Brigadier in the Army, and Air Commodore in the Air Force, as well as Rear-Admiral in the Navy, Major-General in the Army, and Air Vice-Marshal in the Air Force. The allowance rates are set at $3,590 per annum for the higher ranks and $1,743 per annum for the lower ranks, with these rates applying to service after 5 July 1979 for Navy and Army officers, and after 4 July 1979 for Air Force officers. The amended regulations impose an obligation on the relevant authorities to ensure that eligible officers receive the appropriate special allowance as per the rates specified in regulation 10a. This requirement is particularly significant for the Defence Force (Salaries) Regulations, which govern the payment of salaries and allowances to Defence Force members. The obligation extends to accurately calculating and disbursing these allowances in accordance with the prescribed rates, effective from the specified dates mentioned in the regulation. The legislative instrument does not explicitly outline offences, penalties, or other civil or criminal consequences for non-compliance with the new allowance provisions. However, non-compliance with regulations governing Defence Force salaries and allowances could potentially lead to administrative or disciplinary actions under the Defence Acts. These actions could include inquiries, audits, and enforcement measures as provided for under the overarching Defence Acts, such as the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The specific penalties or consequences for non-compliance would depend on the nature and extent of the breach, as well as the internal administrative processes and disciplinary frameworks established within the ADF.