Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 312, an interim determination under the Defence Amendment Act 1979, was enacted by the Minister of State for Defence, D. J. Killen, on 19 December 1979. This legislative instrument aimed to address the need for an interim adjustment to the Defence Force (Salaries) Regulations, specifically to amend the separation allowance for members of the Air Force, Navy, and Army. The policy objective, as outlined in the Act, was to provide a temporary measure until a more comprehensive review could be conducted. The interim determination increased the separation allowance from $1.00 to $1.90, applying to service by members of the Air Force from 7 June 1979 and by members of the Navy and Army from 8 June 1979. This was notified in the Commonwealth of Australia Gazette on 8 January 1980.

Scope and Application

The Interim Determination under section 12 of the Defence Amendment Act 1979, as made by the Minister of State for Defence, pertains specifically to the amendment of the Defence Force (Salaries) Regulations. This legislation applies to members of the Air Force who have been serving on or after 7 June 1979, and to members of the Navy and Army who have been serving on or after 8 June 1979. The amendment focuses on the separation allowance, increasing it from $1.00 to $1.90 as per the revised sub-regulation (1) of Regulation 12 of the Defence Force (Salaries) Regulations. The jurisdictional reach of this legislation is federal, applying throughout Australia as it is an amendment to Commonwealth regulations. The application of these regulations is confined to the Defence Force, and there are no stated exclusions or exemptions in this particular Interim Determination. The Defence Force (Salaries) Regulations themselves are subject to further amendments and updates as evidenced by the numerous references to previous statutory rules, indicating that the scope and details of these regulations can be extended or modified through subordinate instruments.

Key Provisions

The Interim Determination made under section 12 of the Defence Amendment Act 1979 primarily focuses on amending the Defence Force (Salaries) Regulations. Specifically, it increases the separation allowance for members of the Australian Defence Force. Regulation 12(1) is amended by increasing the stipulated amount from $1.00 to $1.90 (paragraph 1). This change applies to members of the Air Force who have served on or after 7 June 1979, and to members of the Navy and Army who have served on or after 8 June 1979 (paragraph 2). The determination, issued by the Minister of State for Defence, came into effect on 19 December 1979. The obligations imposed by this Interim Determination are primarily on the Australian Defence Force and its members, as well as the Department of Defence. The Defence Force (Salaries) Regulations, as amended, must now reflect the updated separation allowance of $1.90, ensuring that all eligible members receive this amount upon their separation from service. The Department of Defence must also ensure that the necessary administrative changes are implemented to reflect the new allowance in payroll and other relevant systems. This includes updating records and communications to reflect the new financial provisions. Failure to comply with the requirements of this Interim Determination could lead to legal and financial repercussions. While the specific penalties for non-compliance are not detailed in the text, breaches of Defence-related regulations could potentially result in administrative penalties, legal action, or both, depending on the nature and severity of the breach. The Defence Force Discipline Act 1982 and other related legislation might provide further detail on the consequences of non-compliance, including potential civil or criminal penalties for more severe infractions.