EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 154
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 11 of the Defence Force (Salaries) Regulations, which provides for the payment of a living out allowance to single members of the Defence Force who cannot reside in service accommodation, has been replaced by Determination 0507, Living Out Allowance, a determination made under section 58B of the Defence Act 1903. These Statutory Rules repeal regulation 11.
The date of effect is the date on which Determination 0507, Living Out Allowance, is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 154, issued by the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations. This legislative instrument was enacted to align with the Defence Amendment Act 1979, which empowers the Minister to make interim determinations to amend or repeal regulations. Specifically, these Statutory Rules address the need to repeal Regulation 11 of the Defence Force (Salaries) Regulations, which pertains to the payment of a living out allowance to single members of the Defence Force who cannot reside in service accommodation. This repeal is necessitated by the introduction of Determination 0507, Living Out Allowance, which was made under section 58B of the Defence Act 1903, thereby rendering the existing regulation redundant. The objective of these Statutory Rules is to ensure the Defence Force (Salaries) Regulations remain current and consistent with the legislative framework governing Defence allowances.
Scope and Application
The Statutory Rules 1984 No. 154, issued by the authority of the Minister for Defence, pertain specifically to amendments made to the Defence Force (Salaries) Regulations. This legislation applies to the single members of the Defence Force who are unable to reside in service accommodation and therefore claim a living out allowance. The rules are a result of the application of section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations. These interim determinations are deemed Statutory Rules, and in this instance, they concern Regulation 11 which has been replaced by Determination 0507, Living Out Allowance. This determination was made under section 58B of the Defence Act 1903 and its application is effective from the date it was made. The jurisdictional reach of these rules is national, impacting all single Defence Force members across Australia who are not accommodated in service housing.
Key Provisions
The primary operative sections of the Statutory Rules 1984 No. 154 concern the amendment of existing Defence Force (Salaries) Regulations through the issuance of Determination 0507, Living Out Allowance. Regulation 11, which previously outlined the payment of a living out allowance to single members of the Defence Force who could not reside in service accommodation, has been repealed and replaced by this new determination (section 12 of the Defence Amendment Act 1979). This change reflects the updated framework for determining the living out allowance, as mandated under section 58B of the Defence Act 1903. The repeal of regulation 11 and its replacement by Determination 0507 signifies a shift in policy and administrative procedure regarding the allowance, ensuring that the allowance is now governed by the specific determination rather than the previous regulation.
The obligations and requirements imposed by these Statutory Rules primarily concern the Defence Force and its members. The repeal of Regulation 11 and the implementation of Determination 0507 necessitate that Defence Force authorities, including financial and administrative divisions, adhere to the new determination when processing living out allowance payments. This includes ensuring that all calculations and disbursements align with the criteria and rates set out in Determination 0507. Defence Force members who qualify for the living out allowance must also be aware of the new provisions and any changes in the application process or eligibility criteria that may arise from this determination.
Failure to comply with the provisions of the Statutory Rules and the new Determination 0507 could result in various consequences. Although the specific offences, penalties, or civil and criminal consequences are not detailed in the Statutory Rules themselves, breaches of Defence Act provisions or Statutory Rules generally can lead to disciplinary action under the Defence Force Discipline Act 1981. This could include administrative penalties, fines, or more severe consequences such as dismissal from service, depending on the severity and nature of the breach. The maximum penalties for such breaches would be determined in accordance with the applicable Defence Force regulations and applicable laws, reflecting the importance of adherence to Defence-related statutes and determinations.