Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 274, enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, constitutes an Interim Determination under the Defence Amendment Act 1979. This legislative instrument was introduced to amend the Defence Force (Salaries) Regulations, specifically to address the redundancy of certain allowances when other statutory provisions are in effect. The primary objective of this determination is to streamline and rationalise the allowances provided to members of the Defence Force, ensuring that only applicable and necessary allowances are in force at any given time, thereby preventing overlaps and ensuring administrative efficiency. This amendment reflects a commitment to maintaining clear and effective compensation structures within the Defence Force, enhancing both clarity and equity in salary provisions.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to the amendment of the Defence Force (Salaries) Regulations, specifically altering Regulation 18 to include a new sub-regulation that suspends its effect during the force of Determination 0208 Extra Risk Allowance, which was enacted under section 58B of the Defence Act 1903. This legislative instrument applies to personnel within the defence force who are subject to the Defence Force (Salaries) Regulations, and its jurisdictional reach is Commonwealth-wide, impacting defence force members across Australia. The scope of the Act includes the adjustment of salary regulations, particularly concerning extra risk allowances, and its application extends to all members of the Australian Defence Force. There are no stated exclusions or exemptions within the text, but the applicability of the amendment is contingent upon the active status of the referenced Determination 0208 Extra Risk Allowance. This Interim Determination thus serves to integrate and coordinate salary regulations within the Defence Act 1903 framework.

Key Provisions

The Interim Determination under the Defence Amendment Act 1979, specifically Statutory Rules 1980 No. 274, makes an amendment to the Defence Force (Salaries) Regulations (regulation 18). This amendment relates to the extra risk allowance (sub-regulation (5)) and stipulates that this regulation will not have effect while Determination 0208 Extra Risk Allowance, made under section 58B of the Defence Act 1903, is in force. Essentially, the extra risk allowance provision in the Defence Force (Salaries) Regulations is suspended during the period that the Defence Act 1903's Determination 0208 Extra Risk Allowance is operational. Entities and individuals governed by the Defence Force (Salaries) Regulations must adhere to the updated provisions as outlined in the Interim Determination. The amendment means that any entitlements or allowances related to the extra risk allowance under regulation 18 will be disregarded as long as Determination 0208 Extra Risk Allowance is in effect. This requirement ensures that all calculations and payments of salaries and allowances are made in compliance with the current Defence Act 1903 determination, rather than the now-superseded provision in the Defence Force (Salaries) Regulations. There are no explicit offences, penalties, or consequences detailed within the Interim Determination itself. However, non-compliance with the Defence Force (Salaries) Regulations as amended, or failure to correctly apply the provisions of Determination 0203 Extra Risk Allowance, could potentially lead to administrative or legal repercussions. Such repercussions might include financial penalties, corrective actions, or other consequences as prescribed under the broader Defence Act 1903 or other relevant legislation. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions in related statutes.