Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 249, an Interim Determination under the Defence Amendment Act 1979, was enacted to make adjustments to the Defence Force (Salaries) Regulations. This legislative instrument was introduced to address the need for modifications to the remuneration and allowances for personnel within the Australian Defence Force. The enactment was authorised by the Minister of State for Administrative Services, who acted on behalf of the Minister of State for Defence. The primary objective of this interim determination was to repeal Regulation 15 concerning the submarine allowance, thereby altering the financial entitlements for personnel involved in submarine operations. This legislative change aimed to ensure the Defence Force's salary regulations remained current and aligned with operational requirements and policy objectives.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains specifically to amendments in the Defence Force (Salaries) Regulations, impacting individuals who are members of the Australian Defence Force and are entitled to salaries governed by these regulations. The scope of this determination is confined to the modification of the Submarine Allowance as stipulated in Regulation 15, which has been repealed. This legislative instrument applies on a national level within Australia, as it concerns the regulation of salaries for Defence Force personnel across the country. The Interim Determination does not explicitly state any exclusions, exemptions, or thresholds, and its implementation is contingent upon the broader framework of the Defence Amendment Act 1979 and the Defence Force (Salaries) Regulations. Furthermore, the application and interpretation of this determination may be subject to further clarification or expansion through subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979 (sections 1 and 2) focus on amending the Defence Force (Salaries) Regulations. Specifically, section 1 identifies the Minister of State for Administrative Services as the authorised person making this interim determination on behalf of the Minister of State for Defence, dated 15 August 1980. Section 2 of the Determination involves the amendment of the Defence Force (Salaries) Regulations by repealing Regulation 15, which pertains to the submarine allowance. The repeal of this regulation means that the specific allowance for submarine service personnel is no longer applicable under the Defence Force (Salaries) Regulations. The Act imposes certain obligations and requirements on the parties it governs. Firstly, the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, must ensure that the interim determination is made in accordance with the powers granted under section 12 of the Defence Amendment Act 1979. This involves the formal process of amending the Defence Force (Salaries) Regulations by repealing Regulation 15. The determination must be notified in the Commonwealth of Australia Gazette, as stipulated, to ensure transparency and public awareness of the changes made to the regulations. Additionally, the Act requires that any previous amendments to the Defence Force (Salaries) Regulations are considered, ensuring that the repeal of Regulation 15 aligns with the legislative framework in place. Any breach of the provisions set out in the Interim Determination could result in civil or criminal consequences, depending on the nature and severity of the breach. However, the text does not specify the exact offences, penalties, or consequences for non-compliance with the amended regulations. In general, breaches of statutory requirements under Australian law can lead to penalties such as fines, imprisonment, or other legal repercussions. The maximum penalties would depend on the specific nature of the breach and would be determined by the relevant courts or tribunals upon conviction. Given that this is an interim determination, it is likely that any enforcement actions would be taken under the relevant provisions of the Defence Amendment Act 1979 or other applicable legislation.