Statutory Rules
1978 No. 278
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this twenty-second day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS†
Rations and quarters charge
1. Regulation 19 of the Defence Force (Salaries) Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:
Item | Description of member | Rate of deduction per day |
| | $ |
1 | A member referred to in Schedule 9 ................................. | 3.10 |
2 | A member holding a rank specified in Part I of Schedule 7 .................. | 3.10 |
3 | A member holding a rank specified in Part II or Part III of Schedule 7, not being a member referred to in Schedule 9 | 3.85 |
4 | Any officer other than an officer to whom Schedule 9 applies ................ | 4.15 |
* Notified in the Commonwealth of Australia Gazette on 29 December 1978.
† Statutory Rules 1973 No. 100 as amended by Statutory Rules 1973 Nos. 132, 201, 203, 249 and 269; 1974 Nos 71, 77, 90, 92, 93 and 208; 1975 Nos. 34, 149, 163 and 197; 1976 Nos. 3, 13, 48, 81, 120, 130, 136, 197, 239 and 253; 1977 Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216; and 1978 Nos. 2, 3, 4, 50, 68, 90, 91, 116, 138, 152, 239 and 252.
Overview
Statutory Rules 1978 No. 278, enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, amends the Defence Force (Salaries) Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923. This legislative instrument addresses the need to adjust the rates of deduction for rations and quarters charges applicable to members of the Australian Defence Force. The amendment to Regulation 19, which outlines the specific rates of deduction per day based on rank and position, aims to ensure that the financial obligations for these charges are fairly and accurately reflected in the members' salaries. This amendment is crucial for maintaining the financial integrity and fairness within the Defence Force remuneration structure.
Scope and Application
The Legislative instrument, Statutory Rules 1978 No. 278, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, amends the Defence Force (Salaries) Regulations to modify the rates of deductions for rations and quarters charges applicable to members of the Australian Defence Force. These regulations apply to all members of the Defence Force, including Army, Navy, and Air Force personnel, with specific differentiation based on rank and other factors as outlined in the associated schedules. The regulations are of a Commonwealth nature, governing the financial aspects of service members' salaries across the entire nation. Notably, the regulations do not detail exclusions or exemptions but rather provide a structured approach to the financial obligations of Defence Force members concerning their rations and quarters. The application of these regulations is further extended and refined through subordinate instruments which may provide additional details or amendments to the financial framework of the Defence Force.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the Defence Force (Salaries) Regulations, specifically Regulation 19, which deals with the rates of deductions for rations and quarters charges for different categories of Defence Force members. The updated regulation, effective from the date of this amendment, sets new rates for these charges based on the rank and category of the member (Regulation 19(1)). For instance, members referred to in Schedule 9 are subject to a daily deduction of $3.10, while those holding ranks specified in Part I of Schedule 7 face a daily deduction of $3.10, and members in Part II or Part III of Schedule 7 not covered by Schedule 9 incur a daily deduction of $3.85 (Regulation 19(1)(2A), (2B), (2C)).
The regulations impose specific obligations on the Defence Force members, mandating that they comply with the new rates for rations and quarters charges as outlined in the amended Regulation 19. Each member must ensure that their financial records reflect these deductions accurately, as per the prescribed rates (Regulation 19(1)). The Defence Force administration is required to implement these new rates in their financial processing systems and communicate the changes to all relevant personnel to ensure compliance and transparency in financial obligations.
Failure to comply with the new rates of deductions for rations and quarters charges may result in administrative or financial discrepancies. However, the legislative instrument does not explicitly state any specific offences, penalties, or consequences for non-compliance with these financial obligations. The primary focus of the regulation is to standardise and update the financial deductions for Defence Force members, ensuring that the rates are reflective of their rank and category within the force. The absence of specific penalties in this amendment suggests that the primary recourse for non-compliance would likely be internal administrative action within the Defence Force rather than legal sanctions.