Defence Force (Salaries) Regulations (Amendment)

Legislation au C2004L04385 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1980 No. 314

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this seventeenth day of October 1980.

D. J. KILLEN

Minister of State for Defence

AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2

Interpretation

1. Regulation 4 of the Defence Force (Salaries) Regulations is amended —

(a) by omitting from the definition of “category M member”, “male”;

(b) by omitting from the definition (first occurring) of “category MS member”, “male”;

“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

(a) the member;

(b) the spouse or the de facto spouse of the member; or

who—

(d) is less than 21 years of age and is wholly or substantially dependent on the member; or

(e) is 21 years of age or over and is through illness or infirmity, wholly or substantially dependent on the member;”;

(d) by omitting the definition of “de facto wife”, and substituting the following definition:

“ ‘de facto spouse’, in relation to a member, means a person who, although not legally married to a member, lives with that member on a permanent and bona fide domestic basis as a spouse and de facto relationship has a corresponding meaning;”;

(e) by omitting from the definition of “dependant”, “wife” (wherever occurring) and substituting “spouse”;

(f) by omitting from sub-regulation (2), “wife” (wherever occurring) and substituting “spouse”;

(g) by inserting after sub-regulation (2) the following sub-regulations:

“(2A) In these Regulations, a reference to a male member and a female member who are jointly maintaining a home for their dependants includes a reference to a male and a female member jointly providing one home for their dependants whether or not both members reside in that home.

“(2B) In these Regulations, a reference to a member married to another member includes a member living with another member in a de facto relationship.”; and

(h) by omitting from sub-regulation (3) “sub-regulations (1) and (2)” and substituting “sub-regulations (1), (2), (2A) and (2B)”.

Living out allowance

2. Regulation 11 of the Defence Force (Salaries) Regulations is amended by omitting sub‑regulation (11).

Rental allowance—members marrying during posting exceeding 6 months

3. Regulation 12A of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) “This regulation” and substituting “Subject to regulations 12B, 12C, 12D, 12E, 12F and 12G of this regulation”.

4. The Defence Force (Salaries) Regulations are amended by inserting after regulation 12A the following regulations:

Members of different ranks jointly maintaining a home

“12B. Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to both members, regulation 12A shall not apply to the member who holds the lower rank.

Members of like rank jointly maintaining a home

“12C. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to both members, regulation 12A shall not apply to the member with the lower seniority in that rank.

Entitlement to rental allowance under other provisions

“12D. Where a male member and a female member who hold different ranks are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to one of those members (hereinafter called the first mentioned member) and the other member (hereinafter called the second mentioned member) has an entitlement to an allowance in respect of rental assistance for that home under regulation 128 of the Military Financial Regulations or regulation 608 of the Air Force Regulations, regulation 12A shall not apply to the first mentioned member where that first mentioned member holds a lower rank than the second mentioned member.

“12E. Where a male member and a female member who hold the same rank are jointly maintaining a home for their dependants and regulation 12A would, but for this regulation, apply to one of the members (hereinafter called the first mentioned member) and the other member (hereinafter called the second mentioned member) has an entitlement to an allowance in respect of rental assistance for that home under regulation 128 of the Military Financial Regulations or regulation 608 of the Air Force Regulations, regulation 12A shall not apply to the first mentioned member where that first mentioned member has seniority in that rank which is lower than that of the second mentioned member.

“12F. For the purposes of regulations 12B, 12C, 12D and 12E, where a member is married to another member and each member maintains a home for his or her dependants, or they jointly maintain more than one home for their dependants, the members shall nominate the home to be considered as the home jointly maintained by them for their dependants.

“12G. Where the members referred to in regulation 12F do not nominate the home to be considered as the home jointly maintained by them for their dependants, regulation 12A shall not apply to either member.”.

Salary and Allowances Payable to the Chief of Defence Force Staff

5. Part VII of the Defence Force (Salaries) Regulations is repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 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, 142, 148, 155, 174, 216, 217, 229, 249, 274 and 302.

Overview

The Defence Amendment Act 1979 was enacted to address issues and gaps in the existing Defence Force (Salaries) Regulations, ensuring that they reflect contemporary social norms and legal definitions. This Act was enacted by the Australian Parliament and aims to provide policy objectives such as gender equality and recognition of diverse family structures within the Defence Force. The Interim Determination under section 12 of the Defence Amendment Act 1979, dated 17 October 1980 and made by the Minister of State for Defence, D. J. Killen, includes amendments to the Defence Force (Salaries) Regulations to remove gender-specific language and broaden definitions to include modern family structures, such as same-sex partners and adopted children. This legislative instrument ensures that the Defence Force (Salaries) Regulations are inclusive and equitable, reflecting the evolving societal values and legal standards.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 pertains to amendments of the Defence Force (Salaries) Regulations. This legislation applies to members of the Defence Force, affecting their salary and allowances, including categories of members, definitions of dependents and spouses, and provisions related to living out and rental allowances. The scope of the Act is limited to the Commonwealth jurisdiction and does not extend to state or territory levels. There are no specific exclusions or thresholds stated in the text, but the application of certain allowances is contingent on specific conditions being met, such as the rank and dependency status of the members involved. The application of the Act may be further detailed or restricted through subordinate instruments, although such details are not provided in the primary text. The Act aims to update definitions and allowances to reflect contemporary understandings of family and dependency within the Defence Force.

Key Provisions

The main operative sections of this Interim Determination under the Defence Amendment Act 1979 (C2004L04385) primarily involve amendments to the Defence Force (Salaries) Regulations (1980 No. 314). Specifically, section 1 amends the definitions within Regulation 4, removing gender-specific terms and broadening the definition of dependents to include step-children and legally adopted children (1(c)). It also redefines "de facto spouse" and updates references from "wife" to "spouse" (1(d) and 1(e)). Section 2 removes sub-regulation (11) from Regulation 11, concerning living out allowance. Section 3 modifies Regulation 12A by altering its introductory phrase and introduces new regulations 12B to 12G, which detail circumstances under which members of different ranks or those in a de facto relationship may not be subject to certain rental allowance provisions (3 and 4). The obligations imposed by this Act on the parties it governs, primarily the Defence Force members, include adhering to the updated definitions and provisions concerning allowances and entitlements. Members must ensure that they correctly classify their domestic arrangements and dependencies in accordance with the new definitions (1). They must also be aware of the new regulations governing the application of rental allowances where members of different ranks or those in a de facto relationship are involved in jointly maintaining a home for their dependents (4). In cases where members are married or in a de facto relationship and maintain separate homes for their dependents, they must nominate one home as the primary one for the purposes of these regulations (12F). Breach of any of the provisions outlined in this Interim Determination could result in civil or administrative penalties. For example, failure to accurately report domestic arrangements or dependencies could lead to incorrect allowance payments, which might need to be repaid. While the specific penalties are not detailed in the text, breaches of Defence-related regulations can generally result in disciplinary action, financial penalties, or other consequences as determined by the relevant authorities under Defence legislation. The exact penalties would depend on the nature and severity of the breach, as well as the applicable Defence Force rules and regulations.

Area of Law: Defence & Security Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions