Statutory Rules
1978 No. 2
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this eleventh day of January 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS†
Recreation Leave Bonus
1. Regulation 14a of the Defence Force (Salaries) Regulations is amended by omitting sub-regulation (12) and substituting the following sub-regulation:
“ (12) Where an amount ascertained in accordance with the formula in sub-regulation (3), (4a) or (11) includes a fraction of a cent, that fraction of a cent shall—
(a) if the fraction is one-half or greater—be deemed to be one cent; or
(b) if the fraction is less than one-half—be disregarded.
* Notified in the Commonwealth of Australia Gazette on 16 January 1978.
† Statutory Rules 1973, No. 100 as amended by Statutory Rules 1973 Nos. 132, 201, 203, 249 and 269; 1974 Nos. 71, 77, 90, 92, 93 and 208; 1975, Nos. 34, 149, 163 and 197; 1976, Nos. 3, 13, 48, 81, 120, 110, 136, 197, 239 and 263; and 1977, Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216.
Calculation of fortnightly or daily allowance
2. Regulation 22 of the Defence Force (Salaries) Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulation:
“(3) Where an amount calculated in accordance with sub-regulation (1) or (2) includes a fraction of a cent, that fraction of a cent shall—
(a) if the fraction is one-half or greater—be deemed to be one cent; or
(b) if the fraction is less than one-half—be disregarded.”.
Overview
Statutory Rules 1978 No. 2, enacted in 1978, amends the Defence Force (Salaries) Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The primary purpose of these regulations is to refine the calculation and rounding of monetary amounts for allowances and bonuses within the Defence Force. The instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure consistency and fairness in the financial administration of the Defence Force. The policy objective, as evidenced by the amendments, is to establish clear and straightforward methods for calculating and rounding monetary fractions, thereby enhancing clarity and reducing administrative complexity in the financial dealings of the Defence Force.
Scope and Application
The Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923 apply to members of the Australian Defence Force (ADF), including the Australian Army, Royal Australian Navy, and Royal Australian Air Force. These regulations specifically address amendments to the Defence Force (Salaries) Regulations, impacting the calculation and rounding of recreational leave bonuses and fortnightly or daily allowances for ADF members. The scope of these regulations is national, as they are enacted under Commonwealth authority, thereby applying across all states and territories of Australia. The regulations do not explicitly state any exclusions or exemptions; however, they are tailored to the specific circumstances of ADF personnel. The application of these regulations can be further extended or restricted through subordinate instruments, which allows for the detailed implementation and enforcement of the stipulated provisions.
Key Provisions
The Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 primarily address amendments to the Defence Force (Salaries) Regulations, specifically concerning the calculation and treatment of fractions in the context of recreation leave bonuses and fortnightly or daily allowances. Regulation 14a(12) has been revised to clarify that any fraction of a cent resulting from the calculation of a recreation leave bonus must be rounded up to one cent if it is one-half or greater, or disregarded if it is less than one-half (Reg. 1). Similarly, Regulation 22(3) has been updated to ensure that any fraction of a cent in the calculation of fortnightly or daily allowances is treated in the same manner (Reg. 2).
The parties governed by these Regulations, including the Defence Force and its members, are required to adhere to the amended rules regarding the rounding of fractions in salary calculations. This involves ensuring that any fractions of a cent in the calculation of recreation leave bonuses and fortnightly or daily allowances are appropriately rounded up or disregarded based on the criteria specified in the Regulations. These requirements are intended to provide clarity and consistency in the financial entitlements of Defence Force personnel.
While the Regulations themselves do not explicitly outline specific offences or penalties for non-compliance, breaches of these provisions could potentially lead to disputes or claims regarding the accuracy of salary calculations. Such issues may be addressed under the general administrative law principles or through internal Defence Force grievance mechanisms. The potential consequences for non-compliance could include financial discrepancies or disputes that would need to be resolved through appropriate channels within the Defence Force or the courts.