EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 71
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.
These Statutory Rules amend the Schedules to the Defence Force (Salaries) Regulations to provide for increases in salaries for members of the Defence Force who are rendering continuous full-time service.
The salary increases are a flow on from the recent National Wage Case.
The date of effect is 19 April 1984.
Overview
The Statutory Rules 1984 No. 71, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to implement salary increases for members of the Defence Force providing continuous full-time service. Enacted by the Parliament of Australia under section 12 of the Defence Amendment Act 1979, this legislation responds to recent determinations in the National Wage Case, ensuring that the remuneration of Defence Force members is adjusted accordingly. The purpose of these amendments is to maintain the competitive edge of Defence salaries within the broader economic context, thereby supporting the policy objective of retaining and attracting suitably qualified personnel to serve in the Defence Force. These adjustments took effect on 19 April 1984.
Scope and Application
The Defence Force (Salaries) Regulations Amendment (No. 1) 1984, issued under the authority of the Minister for Defence, pertains specifically to the adjustment of salaries for members of the Defence Force who are engaged in continuous full-time service. The application of this Act extends to all personnel within the Defence Force who meet the criteria of continuous full-time service, thereby ensuring that these individuals receive appropriate salary increments as mandated. This amendment follows the outcomes of the recent National Wage Case, reflecting a legislative effort to align Defence Force remuneration with broader economic adjustments. The amendment is effective from 19 April 1984, indicating a prompt implementation of wage changes across the Defence Force. While the Act focuses on salary adjustments for Defence Force members, it does not explicitly state exclusions or exemptions, implying that all eligible members within the specified category will be covered by the new salary provisions. The reach of these Statutory Rules is confined to the Commonwealth level, and any further application or interpretation would be governed by subordinate instruments as necessary.
Key Provisions
The key operative sections of these Statutory Rules, particularly section 12 of the Defence Amendment Act 1979, allow the Minister for Defence to make interim determinations that amend or repeal regulations concerning Defence Force salaries (section 12). These interim determinations are deemed to be Statutory Rules under the authority of the Minister, thereby formalising the process of salary adjustments for Defence Force members. The amendments to the Schedules of the Defence Force (Salaries) Regulations (Schedule 1) are designed to implement salary increases for members who are providing continuous full-time service.
The Act imposes specific obligations and requirements on the relevant parties, primarily the Minister for Defence. The Minister must ensure that the amendments to the Defence Force (Salaries) Regulations accurately reflect the salary increases resulting from the recent National Wage Case. The Regulations must also be updated to provide clear and precise details on the new salary scales, ensuring that all Defence Force members are appropriately compensated according to the new rates. Additionally, the Regulations must specify the effective date of the salary increases, which is stipulated as 19 April 1984.
Failure to comply with the provisions of these Statutory Rules could result in various consequences. While the specific offences and penalties are not detailed in the text, it is implied that any non-compliance could lead to legal repercussions. Typically, breaches of statutory rules related to Defence Force salaries might result in administrative or legal actions against the responsible parties. This could include civil penalties or even criminal charges if the breach is deemed to be of a serious nature. The exact penalties would depend on the specific circumstances and the severity of the breach, but they could potentially include fines or other forms of sanctions as determined by relevant legal authorities.