EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 88
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENT)
The Defence Force (Salaries) Regulations, made under the Defence Act 1903, Naval Defence Act 1910 and Air Force Act 1923, prescribe certain financial conditions of service for members of the Defence Force.
Background
Until 1979 financial conditions of service for members of the Defence Force were prescribed in Regulations. Following amendments to the Defence Act 1903 in 1979, provision for these conditions was progressively transferred to determinations made under the Act. Since 1985, all financial conditions of service have been determined under sections 58B and 58H of the Defence Act 1903. As determinations were made under sections 58B and 58H, the superseded provisions were progressively removed from the Regulations.
The Statutory Rule repeals residual provisions that no longer operate, as a result of the transfer of the provisions relating to conditions of service to determinations. The Statutory Rule also makes various drafting amendments.
Defence Force (Salaries) Regulations (Amendment)
Regulation 1 of the Statutory Rule repeals regulation 3A, which is a standard delegation provision. That provision is now redundant, as the powers that were previously delegated are no longer contained in the Regulations.
Regulations 2 and 3 omit definitions and headings that do not apply to anything in the Regulations and are therefore no longer required.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force (Salaries) Regulations (Amendment) Statutory Rule 1988, issued under the authority of the Minister for Defence Science and Personnel, was enacted to address the redundancy of certain provisions within the Defence Force (Salaries) Regulations. These Regulations, established under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, initially prescribed financial conditions of service for Defence Force members. Over time, as the responsibility for such conditions was transferred to determinations under the Defence Act 1903, the Regulations became outdated. This Statutory Rule aims to repeal the residual provisions that no longer apply, ensuring the Regulations are streamlined and relevant to current practices. Additionally, it incorporates various drafting amendments to enhance clarity and efficacy. The policy objective is to maintain accurate and efficient financial conditions of service for Defence Force members, reflecting legislative updates and administrative improvements.
Scope and Application
The Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1988 No. 88, issued under the authority of the Minister for Defence Science and Personnel, amends the Defence Force (Salaries) Regulations made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. These regulations concern the financial conditions of service for members of the Defence Force. The Act applies to all members of the Defence Force, which includes personnel from the Australian Defence Force comprising the Army, Navy, and Air Force. The scope of the regulation is limited to the financial conditions of service and does not extend to other aspects of employment or service conditions. The regulations apply nationally as they pertain to the Commonwealth’s Defence Force. The amendment primarily focuses on repealing residual provisions that have been transferred to determinations made under the Defence Act 1903 since 1985, and it makes several drafting amendments to streamline and update the existing regulations. There are no specific exclusions, exemptions, or thresholds mentioned within the text, but the focus is on the administrative tidying up of outdated provisions. The Statutory Rule itself comes into operation on the date of gazettal, indicating that its provisions are effective immediately upon publication.
Key Provisions
The main operative sections of the Defence Force (Salaries) Regulations (Amendment) Statutory Rule 1988 No. 88, issued by the authority of the Minister for Defence Science and Personnel, concern the repeal of certain residual provisions and the making of various drafting amendments. Regulation 1 of the Statutory Rule repeals regulation 3A, which was a standard delegation provision that has become redundant (Reg. 1). Regulation 2 and 3 remove definitions and headings that no longer apply to anything within the Regulations, making them unnecessary (Reg. 2 and 3).
The Act imposes specific obligations and requirements on the entities it governs. The repealed regulation 3A, which had previously allowed for certain powers to be delegated, is now no longer applicable as those powers have been removed from the Regulations (Reg. 1). Furthermore, the removal of definitions and headings that do not apply to any part of the Regulations ensures that the document is streamlined and free of obsolete information (Reg. 2 and 3).
The Statutory Rule does not create any new offences or penalties, but rather ensures that the Regulations are in line with the current legislative framework. As the repealed provisions and outdated definitions are no longer in effect, there are no civil or criminal consequences for non-compliance with these provisions. The Statutory Rule comes into operation on the date of gazettal, which means that it will be effective from the date it is published in the Commonwealth Gazette (Commencement).