Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 204, issued under the authority of the Minister for Defence, represent an amendment to the Defence Force (Salaries) Regulations. This set of rules was introduced to address the need for updating the regulatory framework governing the payment of Service Allowance to members of the Australian Defence Force, as outlined in the Defence Amendment Act 1979. This Act empowers the Minister to make interim determinations that amend or repeal regulations, with such determinations being deemed Statutory Rules. The specific problem these rules aim to resolve is the outdated nature of the existing regulation 10 concerning Service Allowance, which necessitated its replacement with a new determination under section 58B of the Defence Act 1903. The policy objective, as implied by the legislative text, is to ensure that the regulatory framework remains current and effectively supports the operational needs of the Defence Force.

Scope and Application

The Defence Force (Salaries) Regulations Amendment Statutory Rules 1982 No. 204 applies to the Australian Defence Force personnel, specifically in relation to their salaries and allowances. The Regulations amend the Defence Force (Salaries) Regulations to replace Regulation 10, which concerns the payment of Service Allowance, with Determination 0201, Service Allowance, made under section 58B of the Defence Act 1903. The application of these Statutory Rules is confined to the Commonwealth jurisdiction, affecting members of the Defence Force throughout Australia. These Rules come into effect on the date Determination 0201 is made under the Defence Act 1903 and may be further extended or restricted by subordinate instruments as deemed necessary by the Minister for Defence in line with the Defence Amendment Act 1979.

Key Provisions

The main operative sections of this Statutory Rule (C2004L04413) pertain to the amendment of the Defence Force (Salaries) Regulations, specifically Regulation 10, which governs the payment of Service Allowance. Regulation 10 is to be repealed and replaced by Determination 0201, Service Allowance, which will be made under section 58B of the Defence Act 1903. This amendment is authorised by section 12 of the Defence Amendment Act 1979, and the interim determinations made by the Minister are deemed to be Statutory Rules. Regulation 4 will also undergo consequential amendments to reflect these changes. These Statutory Rules impose specific obligations on the parties governed by the Defence Force (Salaries) Regulations. The replacement of Regulation 10 with Determination 0201 necessitates that any processes related to the payment of Service Allowance be aligned with the new determination. The consequential amendments to Regulation 4 ensure that the overall framework for salary payments remains consistent and updated in accordance with the new allowances structure. These changes must be implemented by the relevant authorities in the Defence Force to ensure compliance with the new statutory requirements. The Statutory Rules do not explicitly detail any offences, penalties, or consequences for breach within their text. However, given the regulatory nature of the amendments, non-compliance with the updated provisions could potentially lead to administrative or financial repercussions. It is important for entities within the Defence Force to adhere to the new regulations to avoid any compliance issues. Further penalties or consequences would likely be governed by the Defence Act 1903 and other relevant legislation, though these are not specified in the Statutory Rules themselves.