Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1978 No. 152, enacted on 18 August 1978, represents a legislative instrument under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. This regulation was introduced to amend the Defence Force (Salaries) Regulations, specifically targeting the annual rate of salary payable to officers. The regulation was made by the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council, and signed by Zelman Cowan, the Governor-General, and J. E. McLeay, the Minister of State for Construction for and on behalf of the Minister of State for Defence. The overarching objective of this regulation was to adjust the salary structure for officers within the defence forces, reflecting necessary updates and alignments within the legislative framework governing defence personnel remuneration.

Scope and Application

The regulation under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923 applies to the officers of the Australian Defence Force, including those serving in the Australian Army, Royal Australian Navy, and Royal Australian Air Force. It pertains specifically to the annual rates of salary payable to these officers, as outlined in the Defence Force (Salaries) Regulations. The regulation was issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and it amends the existing regulations concerning officers' salaries. The regulation does not specify exclusions or thresholds but rather amends the sub-regulation pertaining to the annual rate of salary, which is detailed in the referenced Defence Force (Salaries) Regulations. This legislative instrument is part of a series of amendments to the Defence Force (Salaries) Regulations, demonstrating the ongoing adjustments to officers' remuneration within the Australian Defence Force.

Key Provisions

The main operative sections of this regulation concern the amendment of the Defence Force (Salaries) Regulations. Specifically, Regulation 7, which outlines the annual rate of salary payable to officers, has been modified by the omission of sub-regulation (2). This change likely impacts the structure of salary payments or the method by which these payments are calculated or implemented. It is essential to understand that these changes are made under the authority of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, indicating that the regulation applies to officers in the Australian Defence Force, including the Army, Navy, and Air Force. The regulation imposes certain obligations and requirements on the relevant parties, primarily the Defence Force personnel who are subject to the amended salary provisions. Officers must now adhere to the new salary structure as defined by Regulation 7, which no longer includes the previously stipulated sub-regulation (2). This change may affect how salaries are processed, including any deductions, allowances, or other financial considerations that were previously governed by sub-regulation (2). It is also necessary for the Defence Force to ensure that all relevant documentation, payroll systems, and internal policies are updated to reflect these changes. Breach of these regulations could potentially lead to legal consequences, although the specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the regulation itself. However, non-compliance with Defence Force regulations can generally lead to disciplinary action, including administrative penalties, loss of rank, or even dismissal from service. These actions are typically governed by the overarching Defence Acts and other relevant military laws and regulations. The maximum penalties for such breaches would be determined based on the severity of the offence and the specific circumstances of the case, as outlined in the Defence Force Discipline Regulations or other applicable laws.