Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 1451, Defence Force (Salaries) Regulations (Amendment), was enacted to address a gap in the compensation framework for members of the Australian Defence Force. The Interim Determination was made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence under section 12 of the Defence Amendment Act 1979, reflecting the need for timely adjustments to the financial remuneration of Defence Force personnel. The policy objective behind this legislation was to ensure that the salaries of Defence Force members were reviewed and adjusted to reflect changes in the economic environment and cost of living. This interim amendment, particularly concerning the separation allowance, aimed to provide immediate financial relief to affected personnel by increasing the specified allowance from $2.10 to $2.30. The regulations apply to service from 4 June 1981 onwards, underscoring the urgency with which the government sought to address the identified issue.

Scope and Application

The Statutory Rules 1981 No. 1451, Defence Force (Salaries) Regulations (Amendment) Interim Determination, pertains to the adjustment of the separation allowance for members of the Australian Defence Force. The amendment, effective from 4 June 1981, modifies the existing Defence Force (Salaries) Regulations by increasing the specified separation allowance from $2.10 to $2.30. This interim determination is made under section 12 of the Defence Amendment Act 1979 by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The regulations apply to all service performed on or after the commencement date of 4 June 1981, and the amendment was notified in the Commonwealth of Australia Gazette on 16 June 1981. The changes are applicable within the jurisdictional reach of the Commonwealth, impacting the salaries of Defence Force members across Australia. The amendment does not specify exclusions or exemptions, and its application is straightforward without the need for additional subordinate instruments.

Key Provisions

The main operative sections of the Interim Determination, specifically within Regulation 12 of the Defence Force (Salaries) Regulations, mandate the amendment of the separation allowance rate from $2.10 to $2.30. This change, which is effective for service on or after 4 June 1981, involves the substitution of a new monetary figure within the regulation, thus updating the financial provision for separation allowances under the Defence Force (Salaries) Regulations. In accordance with the Interim Determination, the obligations and requirements imposed on the relevant parties primarily involve the implementation and adherence to the new separation allowance rate. This necessitates that any financial transactions or calculations concerning separation allowances under the Defence Force (Salaries) Regulations must reflect the updated rate of $2.30, ensuring that all eligible service personnel receive the revised allowance. The requirement to apply the amended regulation from the specified date is clear and binding for all involved in the administration and processing of such payments. The Interim Determination also outlines the consequences for non-compliance with the updated regulations. While the specific penalties or legal ramifications for breaching these provisions are not explicitly detailed within the text of this determination, it is reasonable to infer that failure to adhere to the mandated changes could result in legal disputes or administrative penalties. Such breaches might lead to civil consequences for the parties involved, potentially including financial restitution or corrective actions to rectify the non-compliance. The absence of explicit maximum penalties in the provided text suggests that further investigation into the Defence Force (Salaries) Regulations and related legislation might be necessary to fully understand the potential legal repercussions.