Defence Force (Salaries) Regulations (Amendment)

Overview

The Defence Force (Salaries) Regulations Amendment (Separation Allowance) Rules 2004 (C2004L04414), issued by the authority of the Minister for Defence under the Defence Amendment Act 1979, aim to address the need for updating and replacing existing regulations regarding the payment of Separation Allowance to members of the Defence Force. This amendment reflects the legislative intent to modernise and streamline the administration of allowances, ensuring that it aligns with current operational requirements and practices. The policy objective, as stated in the explanatory statement, is to repeal the outdated regulation in favour of a more contemporary determination, thereby improving the efficiency and relevance of the Defence Force’s salary regulations.

Scope and Application

The scope of these Statutory Rules is to amend the Defence Force (Salaries) Regulations by repealing regulation 12, which previously provided for the payment of Separation Allowance to Defence Force members required to live away from home for more than 14 days. This amendment is made pursuant to section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations. Regulation 12 is repealed because it has been replaced by Determination 0202, Separation Allowance, made under section 58B of the Defence Act 1903. The rules apply to all members of the Defence Force who are eligible for the Separation Allowance. These rules have a national reach as they pertain to Defence Force personnel, which includes the Australian Defence Force, and are issued under the authority of the Commonwealth Minister for Defence. There are no stated exclusions or exemptions in the rules themselves, although the specifics of eligibility and application for the Separation Allowance are detailed in Determination 0202. The application of these rules may also be extended or restricted by any subordinate instruments issued under the authority of the Defence Act 1903.

Key Provisions

The primary sections of the Statutory Rules 1982 No. 264, issued under the authority of the Minister for Defence, pertain to the amendment of the Defence Force (Salaries) Regulations, specifically focusing on the removal of regulation 12. This regulation, previously dealing with the payment of Separation Allowance to Defence Force members required to live away from home for more than 14 days, has been repealed (Section 12 of the Defence Amendment Act 1979). The repeal is due to its replacement by Determination 0202, Separation Allowance, made under section 58B of the Defence Act 1903. The Statutory Rules impose certain obligations and requirements on the entities governed by them. The primary obligation is the repeal of regulation 12, which previously outlined the criteria and payment schedule for Separation Allowance. This repeal is effective under the authority of the Minister for Defence, and the changes are to be implemented as per the provisions of the Defence Amendment Act 1979. The entities, particularly those within the Defence Force, must now comply with the new Determination 0202 for any claims related to Separation Allowance. In terms of consequences for breach, the Statutory Rules do not explicitly outline penalties or offences related to non-compliance with the new determination. However, it is expected that failure to adhere to the provisions of Determination 0202 may result in legal consequences under the Defence Act 1903. While the Statutory Rules themselves do not provide specific penalties, the Defence Act may impose administrative or disciplinary actions for non-compliance, as well as potential financial penalties depending on the nature and severity of the breach. The maximum penalties for such breaches would be determined in accordance with the Defence Act provisions. Overall, these Statutory Rules serve to streamline the regulatory framework concerning Separation Allowance for Defence Force members by repealing an outdated regulation and aligning it with the new Determination 0202. The entities governed by these rules must ensure their practices and administrative processes reflect these changes to avoid any legal repercussions or administrative penalties.