Defence Force (Salaries) Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979, made in 1980 by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, represents a legislative response to the need for updating and clarifying certain allowances within the Defence Force (Salaries) Regulations. This legislative instrument was enacted to ensure that allowances are correctly referenced and to reflect changes in the Defence Act 1903, particularly regarding flight duties. The objective of this interim measure is to provide clarity and alignment between the Defence Force (Salaries) Regulations and the new Flight Duties Allowance as determined under section 58B of the Defence Act 1903, ensuring that service members receive appropriate compensation for their duties from the date of the new allowance determination.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979 pertains specifically to the amendment of Regulation 17 of the Defence Force (Salaries) Regulations, focusing on the substitution of the diving allowance with a Flight Duties Allowance in accordance with Determination 0107. This amendment applies to service rendered by members of the defence force on or after the date of the issuance of Determination 0107, Flight Duties Allowance, which was made under section 58B of the Defence Act 1903. The interim nature of this determination implies that it is intended to serve as a temporary measure until further legislation or amendments are enacted. Notably, this legislative instrument does not specify exclusions or exemptions and operates within the Commonwealth jurisdiction, impacting members of the defence force across Australia. The scope is thus limited to members of the defence force affected by the specified changes in allowances, with no additional exclusions or jurisdictional limitations mentioned in the text.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the Defence Force (Salaries) Regulations, specifically Regulation 17, which concerns the diving allowance (section 1). This amendment replaces the previous reference to flight pay under the Service Financial Regulations with a new reference to Flight Duties Allowance in accordance with Determination 0107, Flight Duties Allowance made under section 58B of the Defence Act 1903. The changes are set to apply to service by a member on or after the date of making Determination 0107 (section 2). The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily administrative in nature. It mandates that the Defence Force (Salaries) Regulations be updated to reflect the new allowances structure. This means that any relevant authorities must ensure that the new regulations are implemented correctly and consistently. The changes are to be applied from the date specified in Determination 0107, indicating a clear timeline for the transition. Offences, penalties, or consequences for non-compliance with this legislation are not explicitly detailed within the text provided. However, given the nature of statutory rules, any failure to adhere to the amended regulations could potentially lead to administrative or legal repercussions. Although the specific penalties are not stated, breaches of statutory rules related to Defence Force salaries and allowances could result in civil or criminal consequences, depending on the severity and intent of the breach. In summary, this Interim Determination requires an amendment to the Defence Force (Salaries) Regulations to update the diving allowance to align with the new Flight Duties Allowance. It imposes an obligation on relevant authorities to implement these changes and ensures the regulations are applied correctly. While the specific penalties for non-compliance are not outlined, breaches could lead to civil or criminal consequences, reflecting the importance of adhering to the updated regulations.