EXPLANATORY STATEMENT
STATUTORY RULES 1932 NO 272
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENT)
The Defence Force (Salaries) Regulations, made under the Defence Act, the Naval Defence Act and the Air Force Act, provide for pay and related matters for members of the Defence Force rendering continuous full time service.
Paragraph (1)(b) of regulation 3A provided for the Minister for Defence to delegate any of his powers or functions under the Regulations to a person holding an office in the First, Second or Third Division of the Australian Public Service. This Statutory Rule amends paragraph (1)(b) to substitute “Australian Public Service the minimum rate of salary for which is not less than the minimum rate of salary for an office of Clerk, Class 1, in that Service” for “First, Second or Third Division of the Australian Public Service”.
The purpose of the amendment is to remove reference to the divisional structure of the Australian Public Service.
The Statutory Rule has effect from the date of gazettal.
Overview
The Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1932 No 272, issued by the authority of the Minister for Defence, was enacted to address a structural reference within the existing regulatory framework governing salaries for members of the Defence Force. The original regulation allowed the Minister to delegate certain powers and functions to persons in specific divisions of the Australian Public Service. However, this amendment seeks to modernise and streamline the delegation process by removing the reference to the specific divisions of the Australian Public Service and instead referring to a minimum salary threshold, equivalent to that of a Clerk, Class 1. This change aims to align the regulation with contemporary public service structures, ensuring clarity and efficiency in the delegation of administrative tasks related to Defence Force salaries. The amendment came into effect on the date of gazettal, ensuring immediate application of the updated regulatory provisions.
Scope and Application
The Defence Force (Salaries) Regulations, made under the Defence Act, the Naval Defence Act and the Air Force Act, primarily apply to members of the Defence Force who provide continuous full-time service. These regulations govern the pay and related matters for such members, ensuring they receive appropriate compensation for their service. Specifically, the amendment to regulation 3A now allows the Minister for Defence to delegate certain powers and functions to an individual in the Australian Public Service whose minimum rate of salary is equivalent to that of a Clerk, Class 1, thereby removing the previous reference to the specific divisions of the Australian Public Service. This change streamlines the delegation process and applies nationally, impacting the administration of salaries across all states and territories of Australia. The amendment does not introduce any exclusions or exemptions but serves to refine the delegation framework within the Defence Force's salary regulations.
Key Provisions
The primary operative sections of the Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1932 No 272 include the amendment of paragraph (1)(b) of regulation 3A (paragraph 1). This amendment specifies that the Minister for Defence can delegate powers or functions to a person holding an office in the Australian Public Service, provided that the minimum rate of salary for that office is not less than that of a Clerk, Class 1 (paragraph 2). These Regulations, made under the Defence Act, the Naval Defence Act, and the Air Force Act, continue to govern pay and related matters for members of the Defence Force who are in continuous full-time service.
The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that any delegation of powers or functions by the Minister for Defence to an officer within the Australian Public Service must adhere to the new criteria set out in the amended regulation (paragraph 3). Specifically, the office to which the powers or functions are delegated must have a minimum salary rate that is at least equivalent to that of a Clerk, Class 1 in the Australian Public Service (paragraph 4). This requirement ensures that the individuals entrusted with these responsibilities meet a certain professional and financial standard. Additionally, the amendment removes the previous reference to the divisional structure of the Australian Public Service, simplifying the criteria for eligible officers (paragraph 5).
Failure to comply with the provisions of these Regulations may result in various consequences. While the Statutory Rules themselves do not specify particular offences or penalties, breaches of the Defence Act, the Naval Defence Act, or the Air Force Act, under which these Regulations are made, can lead to civil or criminal penalties (paragraph 6). The exact nature and severity of these penalties depend on the specific provisions of those Acts and the circumstances of the breach (paragraph 7). It is important for all parties involved to be fully aware of and comply with the Regulations to avoid any potential legal repercussions (paragraph 8).