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 adjustment aimed at addressing the financial allowances for Navy personnel involved in diving duties. This interim measure, introduced through Statutory Rules 1980 No. 43, specifically targets the Defence Force (Salaries) Regulations, amending the allowance structure for ship’s divers. The policy objective behind this amendment is to modify the compensation framework for Navy divers, as part of broader administrative adjustments within the Defence Force. This legislative instrument applies to diving duties undertaken after the specified date, effectively updating the financial provisions to align with the latest policy considerations regarding clearance diving allowances.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979 pertains specifically to the Defence Force (Salaries) Regulations and modifies the allowance for ship’s divers within the Navy. This legislative instrument applies to qualified clearance divers who undertake diving duties on or after the specified date of the Determination. The regulation effectively disqualifies these divers from receiving a ship’s diver’s allowance, a change that impacts the compensation structure for such personnel. The reach of this legislation is confined to the Commonwealth level, applying across the Australian Defence Force as a modification to existing salary regulations. There are no stated exclusions or exemptions within the text, and the application of the Determination is clear and direct in its scope, modifying specific allowances without further extensions or restrictions via subordinate instruments. This determination was notified in the Commonwealth of Australia Gazette and amends the Defence Force (Salaries) Regulations as they stand, including any previous amendments noted in the statutory rules.

Key Provisions

The main operative sections of this Interim Determination (Statutory Rules 1980 No. 43) concern amendments to the Defence Force (Salaries) Regulations, specifically targeting the allowance for ship’s divers in the Navy (regulation 17(4)). This regulation explicitly states that qualified clearance divers in the Navy are no longer eligible for a ship’s diver’s allowance. This change applies to diving duties undertaken on or after the date of making of Determination 0110, Clearance Diving Allowance under section 58B of the Defence Act 1903. The Interim Determination imposes specific obligations and requirements on the parties governed by the Defence Force (Salaries) Regulations. It mandates that the newly amended regulation be applied to all diving duties performed by qualified clearance divers in the Navy from the specified date onwards. The regulation effectively removes the entitlement to the ship’s diver’s allowance for these duties, thereby altering the financial compensation structure for these roles. Breaching the provisions of this Interim Determination could lead to serious consequences. Although the specific legal or administrative penalties for non-compliance are not detailed in the text, it is implied that failure to adhere to the amended regulations could result in legal action. The Defence Force (Salaries) Regulations are likely to be enforced rigorously, and any non-compliance might attract penalties under the relevant defence legislation, including potential disciplinary actions against personnel or entities that do not comply with the stipulated allowances and duties. The maximum penalties would depend on the severity of the breach and the specific regulations or statutes under which the enforcement is carried out.