Statutory Rules
1980 No. 216
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this seventeenth day of July 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2
Interpretation
1. Sub-regulation 4 (1) of the Defence Force (Salaries) Regulations is amended by omitting the definition “category MS member” and substituting the following definitions:
“ ‘category MS member’ means a male member who maintains a home for his dependants and—
(a) who is prevented from residing in that home by the exigencies of the service; or
(b) whose family is to be removed at the expense of the Commonwealth to the place at which he is required to live, but whose family is not removed to that place by reason that—
(i) he is unable to obtain suitable accommodation for his family at the place at which he is required to live;
(ii) he is unable to remove his family to that place by reason of illness or infirmity of a dependant of the member;
(iii) a removal of his family to that place would result in interference to the continuity of the secondary or tertiary education of his child; or
(iv) it is necessary for the member to continue to maintain his home at his former place of residence in the interests of his child who is serving an apprenticeship or is a handicapped child attending a school for handicapped children or a rehabilitation centre;
‘category MS member’ means, for the purposes of regulation 19, a male member who maintains a home for his dependants and is prevented by the exigencies of the service from residing in that home;”.
Separation allowance
2. Regulation 12 of the Defence Force (Salaries) Regulations is amended by—
(a) omitting sub-regulation 12 (1) and substituting:
“(1) Subject to this regulation, a member who lives away from his home for a continuous period exceeding 14 days and who during that period is—
(a) a category M member who is prevented from residing in his home by the exigencies of the service; or
(b) a category MS member,
shall be paid an allowance called ‘separation allowance’ at the rate of $2.10 per day for each day after the expiration of the period of 14 days of that continuous period.”; and
(b) omitting sub-regulation 12 (5).
1. Notified in the Commonwealth of Australia Gazette on 5 August 1980.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55, 73, 132, 142, 148, 155 and 174.
Overview
The Interim Determination under the Defence Amendment Act 1979, made in 1980, was established to amend the Defence Force (Salaries) Regulations. This legislative instrument was enacted by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, addressing specific issues within the existing regulations related to salaries and allowances for Defence Force members. The policy objective was to revise the definitions and conditions under which certain allowances, such as the separation allowance, are granted to military personnel, particularly focusing on male members who maintain homes for their dependants and are affected by service exigencies.
Scope and Application
The Interim Determination made under the Defence Amendment Act 1979 applies to male Defence Force members who maintain a home for their dependants but are prevented from residing in that home due to service exigencies. Specifically, the regulations amend the Defence Force (Salaries) Regulations to redefine the term "category MS member" and to adjust the conditions for the payment of separation allowance. The Interim Determination is applicable nationally within the Commonwealth of Australia and affects male Defence Force members who meet the specified criteria. There are no stated exclusions or exemptions, and the determination does not mention any thresholds. The application of this legislation can be further refined or extended through subordinate instruments, such as additional regulations or amendments to the Defence Force (Salaries) Regulations.
Key Provisions
The main operative sections of this legislation amend the Defence Force (Salaries) Regulations, specifically modifying the definition of "category MS member" (sub-regulation 4(1)) and altering the conditions under which a separation allowance is paid (regulation 12). The redefinition of "category MS member" expands the circumstances under which a male Defence Force member can claim to be in this category, particularly when they maintain a home for their dependants but are unable to reside there due to service demands or other specified reasons (sub-regulation 4(1)). Additionally, regulation 12 now provides a separation allowance of $2.10 per day for members who live away from home for more than 14 days, including both category M and category MS members (regulation 12(1)).
The Act imposes specific obligations on Defence Force members and the Defence Force administration. Defence Force members must accurately declare their eligibility for the separation allowance based on the updated definitions and conditions. This involves providing necessary information regarding their living arrangements and circumstances that qualify them as category MS members. The Defence Force administration is required to verify the eligibility of members seeking the separation allowance and ensure that payments are made in accordance with the updated regulations.
Breaches of the requirements stipulated in the Defence Force (Salaries) Regulations may lead to civil or criminal consequences, depending on the nature and intent of the breach. While the specific penalties are not detailed in this Interim Determination, general provisions under the Defence Amendment Act 1979 and related legislation may apply. These could include fines, recovery of improperly paid allowances, and potential criminal charges for fraudulent claims. The exact penalties would be determined based on the severity and circumstances of the breach, as outlined in the broader legislative framework governing Defence Force salaries and allowances.