Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 302, an interim determination under the Defence Amendment Act 1979, was introduced to address the need for amendments to the Defence Force (Salaries) Regulations, specifically in relation to the post allowance. Enacted by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, this legislative instrument aims to ensure that the Defence Force (Salaries) Regulations do not conflict with the existing Determination 3719, Post Allowance, which was made under the Defence Act 1903. This interim measure was designed to maintain consistency and clarity in the application of allowances within the defence force until further legislative action could be taken.

Scope and Application

This Interim Determination under the Defence Amendment Act 1979 pertains to the amendment of the Defence Force (Salaries) Regulations. Specifically, the regulation addresses the post allowance for members of the Australian Defence Force. The amendment suspends the operation of Regulation 9A of the Defence Force (Salaries) Regulations while Determination 3719, Post Allowance, made under section 58B of the Defence Act 1903, remains in force. This determination applies to all members of the Defence Force, ensuring that their salary regulations are aligned with any existing post allowances provided by other legislative instruments. The jurisdictional reach of this legislation is national, as it operates within the framework of Commonwealth laws governing Defence Force salaries and allowances. The application is restricted by the active status of Determination 3719, indicating that the post allowance regulation is contingent upon the current status of the Defence Act 1903.

Key Provisions

The primary operative section of this legislation is the amendment to Regulation 9A of the Defence Force (Salaries) Regulations (Regulation 9A). This amendment specifies that sub-regulation (13) shall not have effect while Determination 3719, Post Allowance, made under section 58B of the Defence Act 1903, is in force. Essentially, this means that the new sub-regulation will be suspended or inoperative as long as the Determination 3719 regarding Post Allowance remains active. This legislative change ensures that the Defence Force (Salaries) Regulations do not override the provisions set forth in Determination 3719 concerning post allowance. The obligations and requirements imposed by this Act are primarily administrative and regulatory in nature. It places a responsibility on the authorities to ensure that the Defence Force (Salaries) Regulations are not applied in a manner that conflicts with Determination 3719. This necessitates careful monitoring and coordination between different regulatory frameworks to maintain consistency and compliance with the overarching Defence Act 1903. The amendment requires the relevant officials to verify that Determination 3719 is still in effect before applying Regulation 9A. In terms of potential consequences for non-compliance or breach of this Interim Determination, the legislation does not explicitly state offences, penalties, or civil/criminal consequences. However, failure to adhere to such regulatory amendments could lead to inconsistencies in the application of Defence Force (Salaries) Regulations and Determination 3719. This might result in administrative challenges, disputes, or legal challenges regarding the correct interpretation and application of salary-related provisions. While specific penalties are not mentioned, the implications of misinterpretation or misapplication could include financial discrepancies or legal actions aimed at rectifying the breaches.