Defence Force (Salaries) Regulations (Amendment)

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1980 No. 23

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this thirteenth day of February 1980.

J. E. MCLEAY

Minister of State for Administrative Services for

and on behalf of the Minister of State for Defence

 

Amendments of the Defence Force (Salaries) Regulations2

General rates of salary payable to members

 1. Regulation 8 of the Defence Force (Salaries) Regulations is amended by adding at the end thereof the following sub-regulations:

 “(6) Where —

 (a) the Minister under the relevant sub-regulation determines that a pay level specified in Part I of Schedule 7 is appropriate to a mustering; and

 (b) as a result of that determination, the pay level appropriate to that mustering is higher than previously,

the number of years of service in a rank specified in Part II of Schedule 7 of a member who —

 (c) was promoted to that rank before the date of effect of that determination; and

 (d) on the date of effect of that determination was included in that mustering,

shall be deemed to have been increased, on the date of effect of that determination, by 1 year for each level by which the pay level has been increased.

 “(7) Where the Minister under the relevant sub-regulation determines that a pay level specified in Part I of Schedule 7 is appropriate to a mustering, the number of years of service in a rank specified in Part II of Schedule 7 of a member who —

 (a) on or after the date of effect of that determination is included in a mustering the pay level for which is included in that determination; and

 (b) immediately before inclusion in that mustering held that rank and belonged to a different mustering,

shall, where the pay level applicable to the mustering in paragraph (a) exceeds the pay level applicable to the mustering (last occurring) in paragraph (b), be deemed to have been increased, on the date of his inclusion in the mustering in paragraph (a), by 1 year for each excess pay level.

 “(8) In sub-regulations (6) and (7), “relevant sub-regulation” means —

 (a) in the case of a member of the Navy — sub-regulation 31 (5) of the Naval Financial Regulations;

 (b) in the case of a member of the Army — sub-regulation 12B (5) of the Military Financial Regulations; and

 (c) in the case of a member of the Air Force — sub-regulation 549 (5) of the Air Force Regulations.

 “(9) Where the Minister —

 (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies;

 (b) for the purposes of that sub-regulation, specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 7 if he is included in that class; and

 (c) as a result of that determination, increases the number of years of service referred to in paragraph (b),

the number of years of service in that rank of a member who was promoted to that rank before the date of effect of that determination and was on the date of effect of that determination included in that class, shall be deemed to have been increased, on the date of effect of that determination, by a period equal to the increase in the number of years of service referred to in paragraph (c).

 “(10) Where the Minister —

 (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies; and

 (b) for the purpose of that sub-regulation specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 7 if he is included in that class,

the number of years of service in that rank of a member who —

 (c) on or after the date of effect of that determination is included in a class to which paragraphs (a) and (b) apply; and

 (d) immediately before inclusion in that class held that rank, but for the purpose of the relevant sub-regulation belonged to a different class,

shall be deemed to have been increased on the date of his inclusion in the class referred to in paragraph (c) where the number of years of service referred to in paragraph (b) exceeds the number of years of service that applied, immediately before his inclusion in the class referred to in paragraph (c), for the purpose of the relevant sub-regulation, to the class (last occurring) referred to in paragraph (d), by a period equal to that excess number of years.

 “(11) Where the Minister —

 (a) determines a class of sailors, soldiers or airmen to be a class to which the relevant sub-regulation applies; and

 (b) for the purpose of that sub-regulation specifies the number of years of service that a member is to be deemed to have completed on promotion to a rank specified in Part II of Schedule 7 if he is included in that class,

the number of years of service in that rank of a member who —

 (c) on or after the date of effect of that determination is included in a class to which paragraphs (a) and (b) apply; and

 (d) immediately before inclusion in that class held that rank, but for the purpose of the relevant sub-regulation did not belong to a class of sailors, soldiers or airmen,

shall be deemed to have been increased from the date of his inclusion in the class referred to in paragraph (c), where the number of years of service referred to in paragraph (b) exceeds the number of years of service that applied, immediately before his inclusion in the class referred to in paragraph (c), for the purpose of sub-regulation 8 (2) to the pay level applicable to the mustering in which the member was included, by a period equal to that excess number of years.

 “(12) In sub-regulations (9), (10) and (11), “relevant sub-regulation” means —

 (a) in the case of a member of the Navy — sub-regulation 31A (3) of the Naval Financial Regulations;

 (b) in the case of a member of the Army — sub-regulation 12BA (4) of the Military Financial Regulations; and

 (c) in the case of a member of the Air Force — sub-regulation 549A (2) of the Air Force Regulations.

 “(13) In sub-regulations (6), (7) and (11) the word “mustering” means a class of sailors, a class of soldiers and a mustering determined by the Minister under sub-regulation 31 (5) of the Naval Financial Regulations, 12B (5) of the Military Financial Regulations and 549 (5) of the Air Force Regulations respectively.

 “(14) For the purposes of paragraph (1) (b), a year by which service is increased under sub-regulation (6), (7), (9), (10) or (11) shall be deemed to be a completed year of service.”.

Application

 2. The Defence Force (Salaries) Regulations as amended by this Determination apply in relation to:

 (a) a determination to which sub-regulation 8 (6) applies;

 (b) a change in mustering to which sub-regulation 8 (7) applies;

 (c) a specification to which sub-regulation 8 (9) applies;

 (d) a re-classification to which sub-regulation 8 (10) applies; and

 (e) a classification to which sub-regulation 8 (11) applies,

that occurs or is made as the case may be on or after 1 July 1978.

 3. In clause 2 the word ‘mustering’ means a class of sailors, a class of soldiers and a mustering determined by the Minister under sub-regulation 31 (5) of the Naval Financial Regulations, 12B (5) of the Military Financial Regulations and 549 (5) of the Air Force Regulations respectively.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 February 1980.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9 and 20.

Overview

The Interim Determination under the Defence Amendment Act 1979 was enacted in 1980 by the Minister of State for Administrative Services on behalf of the Minister of State for Defence. This legislative instrument was introduced to address discrepancies in the rates of salary for members of the Australian Defence Force, ensuring fair and equitable remuneration based on the rank and mustering of each member. The policy objective of this interim measure was to provide a temporary adjustment to the Defence Force (Salaries) Regulations until a more comprehensive review could be undertaken. This instrument aimed to standardise and clarify the salary structures for different classes of sailors, soldiers, and airmen, ensuring that any changes in pay levels were reflected in their years of service accordingly. The application of these regulations was set to cover any changes or determinations made on or after 1 July 1978.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to members of the Defence Force, including those in the Navy, Army, and Air Force, specifically concerning their salaries. This legislation governs the adjustments to the years of service for members who are promoted to a certain rank and subsequently included in a mustering that receives a higher pay level determination. The amendments concern the Defence Force (Salaries) Regulations, which apply to any determination, change in mustering, specification, re-classification, or classification that occurs on or after 1 July 1978. The Minister of State for Administrative Services acting on behalf of the Minister of State for Defence has the authority to make these amendments, which are effective immediately upon their determination. The scope of the legislation is national, applying across all branches of the Defence Force within the Commonwealth of Australia.

Key Provisions

The main operative sections of this legislation amend the Defence Force (Salaries) Regulations by adding new sub-regulations (6) to (14). These sub-regulations primarily address how the number of years of service in a specific rank is to be calculated when a member's pay level is adjusted due to a determination by the Minister under the relevant sub-regulation. Specifically, sub-regulations (6) and (7) provide that if a member was promoted to a certain rank before the date of effect of a pay level determination and was included in a mustering with a higher pay level on that date, their years of service in that rank will be increased by one year for each level by which the pay level has been increased. Sub-regulations (9) to (11) cover similar provisions for members who are re-classified into a mustering with a higher pay level after the date of effect of a determination. The Act imposes several obligations on the parties it governs, particularly the Minister of State for Administrative Services and the Minister of State for Defence. The Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, is tasked with making determinations regarding appropriate pay levels for various classes of sailors, soldiers, and airmen, as well as the number of years of service that should be deemed completed upon promotion to a specified rank. The legislation specifies the relevant sub-regulations for different branches of the Defence Force, namely sub-regulation 31(5) for the Navy, sub-regulation 12B(5) for the Army, and sub-regulation 549(5) for the Air Force. These determinations must be made in accordance with the provisions outlined in sub-regulations (6) to (14), ensuring that the years of service for members are accurately adjusted based on changes in pay levels and mustering classifications. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the importance of the determinations made by the Minister, and the accuracy with which they must be executed, implies a high degree of responsibility and potential repercussions for any errors or misapplications of the provisions. Non-compliance or incorrect implementation could potentially lead to financial implications for affected Defence Force members, as well as administrative and legal challenges for the Department of Defence. The absence of specific penalties in the text suggests that any breaches would likely be addressed through internal administrative processes or civil litigation rather than explicit criminal sanctions.

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