EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 53
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.
Regulation 4A of the Defence Force (Salaries) Regulations provides that a member of the Permanent Forces may count half of any service which he renders in the Reserve Forces as service for the purposes of those Regulations.
These Statutory Rules amend regulation 4A to permit the counting of any such service rendered by the member while he was a member to whom the Defence Force (Reserves) (Financial) Regulations applied.
Overview
The Statutory Rules 1983 No. 53, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations to address a specific gap in the recognition of service rendered by members of the Permanent Forces in the Reserve Forces. Enacted in 1983, this amendment was introduced to ensure that the service rendered by members in the Reserve Forces is appropriately recognised for the purposes of their salaries, as per the Defence Force (Reserves) (Financial) Regulations. This change was made in response to the provisions of section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations to amend or repeal regulations, thereby ensuring that the regulations remain relevant and effective in reflecting the service contributions of Defence Force members. The policy objective of these amendments is to provide a more comprehensive recognition of service across different components of the Defence Force, ultimately supporting the fair and accurate remuneration of Defence personnel.
Scope and Application
The Statutory Rules 1983 No. 53, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations, specifically addressing interim determinations under Section 12 of the Defence Amendment Act 1979. These rules apply to members of the Australian Defence Force, particularly those who have served in the Permanent Forces and have also rendered service in the Reserve Forces. The rules modify Regulation 4A, which previously allowed for half of Reserve Forces service to be counted towards salary-related benefits under the Defence Force (Salaries) Regulations. Now, these rules extend the eligibility to count any Reserve Forces service towards salary benefits to members who were subject to the Defence Force (Reserves) (Financial) Regulations during their service. These changes are designed to provide a more inclusive and equitable approach to the recognition of service in the Reserve Forces for salary purposes. The application of these rules is geographically and jurisdictionally limited to the Commonwealth of Australia, impacting the defence sector and its personnel.
Key Provisions
The main operative sections of these Statutory Rules, issued under the authority of the Minister for Defence, focus on amending the Defence Force (Salaries) Regulations. Specifically, section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations that amend or repeal existing regulations. Regulation 4A of the Defence Force (Salaries) Regulations originally allowed members of the Permanent Forces to count half of their service in the Reserve Forces towards their service under the Regulations. The current Statutory Rules amend regulation 4A to extend this counting to include any service rendered by members who were subject to the Defence Force (Reserves) (Financial) Regulations.
These changes impose obligations on the Defence Force to accurately account for the service of members who have served in both the Permanent and Reserve Forces. Specifically, the amendment means that members who were previously subject to the Defence Force (Reserves) (Financial) Regulations can now have their Reserve Forces service counted fully towards their service for the purposes of the Salaries Regulations. This means that the Defence Force must ensure that all relevant service periods are accurately calculated and reflected in the members' records and entitlements.
Breaching the provisions of these Statutory Rules, or failing to comply with the amended regulation 4A, could result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, inaccurate calculation of service for salary and pension purposes could lead to financial penalties or other legal actions against the Defence Force. Additionally, any intentional or negligent misapplication of the amended regulation could lead to disciplinary actions against the responsible officials. The maximum penalties for such breaches are not explicitly stated in the Explanatory Statement, but they could include fines or other legal sanctions as prescribed under relevant legislation.