Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 90, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to address the need for updated legal frameworks governing the pay and financial entitlements of members of the Reserve Force. Enacted pursuant to the Defence Amendment Act 1979, these rules allow for interim determinations to be made by the Minister, which are then deemed Statutory Rules. This amendment is aimed at ensuring that the legal provisions pertaining to the remuneration of Reserve Force members are modernised and adequately reflect current needs and legislative intent. The primary objective is to provide a seamless transition by replacing the outdated Defence Force (Reserves) (Financial) Regulations with Determination 0199, which will be issued under section 58B of the Defence Act 1903. The consequential amendments to regulation 4A of the Defence Force (Salaries) Regulations ensure that references to the old financial regulations are appropriately updated, thereby maintaining coherence and legality within the regulatory framework.

Scope and Application

The Defence Force (Salaries) Regulations Amendment (Statutory Rules) 1984, issued under the authority of the Minister for Defence, amends existing regulations to align with the introduction of new interim determinations concerning the pay of Reserve Force members. This legislation applies to all members of the Reserve Force, as well as to the administrative processes and entities involved in the payment and financial management of these members. The reach of this Act is national, as it pertains to the Commonwealth's Defence Force. Notably, these Statutory Rules exclude regular force members, focusing exclusively on the Reserve Force. The application of the Act is further refined and potentially extended through subordinate instruments, such as Determination 0199, which provides specific details on the pay structure and replaces most of the Defence Force (Reserves) (Financial) Regulations. The commencement of these changes is contingent on the date when Determination 0199 is formally made under section 58B of the Defence Act 1903.

Key Provisions

The key operative sections of the Statutory Rules 1984 No. 90 (C2004L04435) are those that amend the Defence Force (Salaries) Regulations. Section 12 of the Defence Amendment Act 1979 allows the Minister for Defence to make interim determinations that amend or repeal regulations, and these determinations are deemed to be Statutory Rules. Specifically, the rules provide that the entitlement to pay for members of the Reserve Force will be given legal effect under Determination 0199, Pay of Reserve Force Members, which will replace most of the Defence Force (Reserves) (Financial) Regulations. The rules also make consequential amendments to regulation 4A of the Defence Force (Salaries) Regulations, which refers to the Defence Force (Reserves) (Financial) Regulations. These Statutory Rules impose obligations on the Minister for Defence to ensure that the interim determinations are made in accordance with the Defence Amendment Act 1979 and that the consequential amendments are made to the relevant regulations. The rules also require that the determinations and amendments be made on the date that Determination 0199 is made under section 58B of the Defence Act 1903. The rules do not impose any specific obligations on other parties or entities, beyond ensuring compliance with the amended regulations. Failure to comply with the amended regulations could result in legal consequences, depending on the specific provisions of the Defence Force (Salaries) Regulations and any related legislation. The rules themselves do not specify any particular offences, penalties, or civil/criminal consequences for breach. However, breaches of the Defence Force (Salaries) Regulations could potentially result in disciplinary action, financial penalties, or other consequences as determined by the relevant authorities. The maximum penalties for breaches of the regulations will depend on the specific provisions of the regulations and any related legislation.