Defence Force (Salaries) Regulations (Amendment)

Legislation au C2004L04376 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules

1980 No. 148

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 fourth day of June 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

Interpretation

 1. Sub-regulation 14C (1) of the Defence Force (Salaries) Regulations is amended by —

 (a) omitting from the definition “rate of salary”, “regulations” (first occurring) and substituting “provisions”;

 (b) omitting from the definition “rate of salary” —

 (i) “24” and “76, 76A,” in paragraph (b);

 (ii) “33, 33A, 34,” in paragraph (c); and

 (iii) “553A, 553B,” in paragraph (d);

 (c) omitting from the definition “rate of salary”, “and 614” in paragraph (d) and substituting “614 and 615”; and

 (d) inserting in the definition “rate of salary” —

 (i) “, 44” after “43” in paragraph (c);

 (ii) “or a determination under the Military Financial Regulations in relation to service in Antarctica” at the end of paragraph (c);

 (iii) “and” after paragraph (d); and

 (iv) the following paragraph at the end thereof:

 “(e) Determination 0106, Flying Allowance; Determination 0107, Flight Duties Allowance, other than clause 4; Determination 0108, Parachutist Allowance, other than paragraph 3(b); Determination 0109, Special Air Service Allowance; Determination 0110, Clearance Diving Allowance, other than paragraphs 3 (b) and 3 (c); Determination 0113, Trainee Leader’s Allowance; Determination 0114, Married Trainee’s Allowance; and Determination 0204, Submarine Service Allowance; being Determinations made under section 58B of the Defence Act 1903.”.

Application

 2. Subject to clause 3, the Defence Force (Salaries) Regulations as amended by paragraph (a) and sub-paragraphs (d) (iii) and (d) (iv) of clause 1 shall apply in relation to service by a member —

 (a) of the Air Force—on or after 7 June 1979; and

 (b) of the Navy and the Army—on or after 8 June 1979.

Transitional

 3. For the purposes of the amendments to the Defence Force (Salaries) Regulations made by sub-paragraph (d) (iv) of clause 1, the amount of an allowance referred to in column 2 of the following table, to be included in salary under sub-regulation 14C (1) of those regulations during the period commencing on —

 (a) 7 June 1979 in the case of a member of the Air Force; or

 (b) 8 June 1979 in the case of a member of the Navy or the Army,

and ending on the date of making under section 58B of the Defence Act 1903 of a Determination referred to in column 2 of that table is—where in respect of that period a member had an entitlement to an allowance under a regulation specified in column 1 of that table—the amount that would have been payable to the member in respect of that day if he had been entitled to an allowance under a Determination or provision of a Determination specified in column 2 of that table opposite that regulation:

Column 1

Regulation

Column 2

Determination or provision of a Determination made under section 58B of the Defence Act 1903

Regulation 553 or 553C of the Air Force Regulations

Determination 0106, Flying Allowance

Regulation 553C of the Air Force Regulations

Determination 0107, Flight Duties Allowance, other than clause 4

Regulation 556F of the Air Force Regulations

Determination 0108, Parachutist Allowance, other than paragraph 3 (b)

Regulation 30 or 79B of the Naval Financial Regulations

Determination 0113, Trainee Leader’s Allowance

Regulation 17 of the Defence Force (Salaries) Regulations

Determination 0110, Clearance Diving Allowance, other than paragraphs 3 (b) and 3 (c)

Regulation 15 of the Defence Force (Salaries) Regulations

Determination 0204, Submarine Service Allowance

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 June 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, 20, 23, 34, 42, 43, 55, 73, 132 and 142.

Overview

The Statutory Rules 1980 No. 148 Interim Determination under the Defence Amendment Act 1979 was introduced by the Minister of State for Administrative Services on behalf of the Minister of State for Defence to amend the Defence Force (Salaries) Regulations. The determination addresses the need for updates to salary provisions and allowances for Defence Force members. This legislative instrument, enacted by the Commonwealth of Australia, aims to ensure that salary regulations are current and reflective of the Defence Force's operational requirements. It specifically targets the updating of definitions and allowances related to various service regulations to align with recent legislative changes under the Defence Act 1903.

Scope and Application

This legislative instrument, made under the Defence Amendment Act 1979, amends the Defence Force (Salaries) Regulations to modify the definitions and application of salary rates for members of the Australian Defence Force. Specifically, it updates the definitions related to the "rate of salary" by omitting and substituting certain references within the regulations. The amended regulations apply to members of the Air Force from 7 June 1979, and members of the Navy and Army from 8 June 1979. The changes aim to ensure that salary rates are aligned with the relevant determinations made under the Defence Act 1903, particularly those concerning allowances. The transitional provisions clarify how existing entitlements under previous regulations will be treated until the new determinations come into effect.

Key Provisions

The main operative sections of this Interim Determination under the Defence Amendment Act 1979 primarily concern the amendment of the Defence Force (Salaries) Regulations. Section 1 details amendments to the interpretation of "rate of salary" within sub-regulation 14C(1) of these Regulations. This includes omitting certain references and substituting others, as well as inserting new definitions and provisions. Section 2 outlines the application of these amended Regulations to service by members of the Air Force, Navy, and Army, effective from specified dates. Section 3 provides transitional provisions for the new allowances during the period before the making of certain Determinations under section 58B of the Defence Act 1903. The obligations imposed by this legislation on the parties it governs primarily involve adherence to the amended salary regulations. Members of the Defence Force, including those in the Air Force, Navy, and Army, must comply with the new definitions and provisions regarding salary rates and allowances. The Defence Force (Salaries) Regulations as amended must be followed in calculating salaries and allowances for members serving from the specified dates. The transitional provisions also require the Defence Force to ensure that members are correctly compensated for allowances during the interim period before the new Determinations are made. Breaches of the provisions in this Interim Determination may lead to various consequences. Although the legislation does not explicitly state the penalties for non-compliance, breaches of Defence-related regulations typically result in disciplinary action, financial penalties, or both, depending on the severity and nature of the breach. The Defence Force is responsible for enforcing the regulations and ensuring that members adhere to the new salary and allowance provisions. Failure to do so may result in administrative or legal repercussions for both the Defence Force and the affected members.

Legal classification tags

Area of Law
Defence Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.