Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1981 No. 931, the Defence Force (Salaries) Regulations (Amendment), was enacted in 1981 to address discrepancies and omissions in the existing Defence Force (Salaries) Regulations. The legislation was introduced to repeal certain regulations and amend definitions to better align with new determinations, specifically regarding allowances. The Interim Determination was made by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, under section 12 of the Defence Amendment Act 1979. The primary objective of this amendment was to ensure that the regulations accurately reflect current allowances and definitions, thereby providing clarity and consistency in the application of salary rates within the Defence Force. This amendment aimed to streamline and modernise the legislative framework governing the salaries of Defence personnel.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 applies specifically to the Defence Force (Salaries) Regulations, with amendments to regulations 16 and 20, and a definitional change in regulation 14c. It is pertinent to members of the Australian Defence Force, including both permanent and reserve personnel, who are subject to salary regulations and associated allowances. This determination is made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence and operates within the Commonwealth jurisdiction, thereby affecting Defence personnel across Australia. The scope of the amendments includes the removal of specific salary rates and the introduction of new definitions related to allowances such as the Senior Chaplain’s Allowance and the Hard Lying Allowance. The changes take effect on the dates when the respective determinations are made under the Defence Act 1903. This legislative instrument ensures that the Defence Force (Salaries) Regulations remain updated and aligned with the current allowances and salary structures within the Defence Force.

Key Provisions

The main operative sections of the Statutory Rules 1981 No. 931 involve the repeal of certain regulations and amendments to others within the Defence Force (Salaries) Regulations (paragraph 1). Specifically, Regulations 16 and 20 are repealed, while Regulation 14c undergoes amendments to its definition of “rate of salary” (paragraph 2). The changes include omitting certain references and inserting new definitions, which are detailed in the amendments provided. The application of these changes is tied to specific determinations made under the Defence Act 1903, with the effect of the repeal and amendments taking place on the dates those determinations are made (paragraph 3). The Act imposes several obligations and requirements on the parties and entities it governs. The repeal of Regulations 16 and 20 means that any provisions previously outlined in these regulations are no longer applicable. The amendments to Regulation 14c, particularly the alterations in the definition of “rate of salary,” necessitate updates in how salaries are calculated and possibly how they are disbursed or reported. These changes are essential for ensuring compliance with the updated regulatory framework and for maintaining consistency and accuracy in salary administration within the Defence Force. The Statutory Rules 1981 No. 931 do not explicitly state specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the updated regulations could potentially lead to administrative or financial discrepancies, which could have indirect legal and financial repercussions. The precise nature and extent of these consequences would depend on the specific circumstances and the subsequent actions taken by the relevant authorities in response to any non-compliance. It is important for all affected parties to ensure they adhere to the updated regulations to avoid any potential issues.