Defence Force (Salaries) Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1982 NO. 352

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.

Schedule 4 to the Defence Force (Salaries) Regulations specifies the rate of salary payable to a member of the Defence Force who was previously a senior non-commissioned officer and who is commissioned as an officer. This Interim Determination amends Schedule 4 by omitting the rank of Acting Sub Lieutenant in the Navy as members are no longer commissioned at this rank.

Schedule 9 to the Defence Force (Salaries) Regulations specifies the rate of salary payable to a member of the Defence Force who is undergoing training. This Interim Determination amends Schedule 9 to include air cadets who are undergoing a degree course at the Engineering Cadet Squadron, Frognall. The amendment to Schedule 9 is effective from 12 August 1982.

Overview

The Defence Force (Salaries) Regulations Amendment (Interim Determination) Statutory Rules 1982, issued under the authority of the Minister for Defence, was enacted to address specific gaps and inconsistencies in the remuneration of Defence Force members. This legislative instrument was brought into effect in response to the need to align the salary structures with changes in the rank structure and to recognise the service of members undergoing particular forms of training. The primary policy objective of this amendment is to ensure that the remuneration of Defence Force members accurately reflects their roles and the nature of their service, thereby maintaining fairness and consistency within the Defence Force salary framework. The Interim Determination, effective from 12 August 1982, reflects an adjustment to the salary rates for former senior non-commissioned officers who have been commissioned as officers, by removing the rank of Acting Sub Lieutenant from the applicable salary schedule. Additionally, it recognises the service of air cadets undergoing a degree course at the Engineering Cadet Squadron, Frognall, by including them in the salary provisions for trainees.

Scope and Application

The Interim Determination made under the authority of the Minister for Defence pursuant to the Defence Amendment Act 1979 modifies the Defence Force (Salaries) Regulations by altering the salary rates for specific categories of Defence Force personnel. This interim measure applies to members of the Defence Force who were previously senior non-commissioned officers and have been commissioned as officers, particularly with the removal of the rank of Acting Sub Lieutenant in the Navy from the applicable ranks. Additionally, the amendment extends to air cadets enrolled in a degree course at the Engineering Cadet Squadron, Frognall, by including them in the provisions governing salaries for members undergoing training. This amendment, detailed in Schedule 9 of the Defence Force (Salaries) Regulations, became effective from 12 August 1982. The scope of this legislation is confined to the Defence Force personnel as specified, and the interim nature of the determination implies that it is subject to further review and formal regulation.

Key Provisions

The main sections of this legislation concern amendments to the Defence Force (Salaries) Regulations, specifically targeting the salary rates for certain categories of Defence Force members. Section 12 of the Defence Amendment Act 1979 authorises the Minister to issue interim determinations that amend or repeal regulations, and this Interim Determination falls under that authority (Section 12). Schedule 4 of the Defence Force (Salaries) Regulations, which deals with the salary rates for former senior non-commissioned officers who have been commissioned as officers, has been amended by omitting the rank of Acting Sub Lieutenant in the Navy, reflecting that such commissions are no longer being granted (Schedule 4). Similarly, Schedule 9, which pertains to the salary rates for Defence Force members undergoing training, has been amended to include air cadets undergoing a degree course at the Engineering Cadet Squadron, Frognall, effective from 12 August 1982 (Schedule 9). This legislation imposes certain obligations and requirements on the Defence Force. Firstly, the amendment to Schedule 4 ensures that the salary rates are updated to reflect the cessation of commissions at the rank of Acting Sub Lieutenant. This requires the Defence Force to adjust their records and payroll systems to accommodate this change. Secondly, the amendment to Schedule 9 requires the Defence Force to include air cadets enrolled in the specified degree course at the Engineering Cadet Squadron, Frognall, in their salary calculations. This means that the Defence Force must ensure that these cadets receive the appropriate salary rates from the effective date of the amendment, 12 August 1982. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches of these provisions. However, as these amendments pertain to statutory rules issued under the authority of the Minister for Defence, any failure to comply with these salary determinations could potentially lead to administrative or legal repercussions. While the statutory rules themselves do not detail specific penalties, breaches of Defence Force regulations generally could result in disciplinary action, financial penalties, or other consequences as prescribed under the Defence Force Discipline Rules or other relevant legislation. The Defence Force is expected to adhere to these amendments to ensure accurate and fair remuneration for all affected members.

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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.