Statutory Rules
1979 No. 161
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
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 seventh day of August 1979.
ZELMAN CO WEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
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AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS2
Service Allowance
1. Regulation 10 of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) “$950.00” and substituting “$1,321”.
Application
2. The Defence Force (Salaries) Regulations as amended by these Regulations apply in relation to service by—
(a) members of the Navy and of the Army after 5 July 1979; and
(b) members of the Air Force after 4 July 1979.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 August 1979.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 4 and see also Statutory Rules 1979 Nos. 4, 23, 69, 84, 92, 119 and 152.
Overview
Statutory Rules 1979 No. 161, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, address the need to update the Defence Force (Salaries) Regulations, specifically to adjust the service allowance for members of the Australian Defence Force. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aim to ensure the remuneration of defence personnel is reflective of contemporary economic conditions. The policy objective is to maintain appropriate compensation for service members, thereby supporting recruitment and retention within the Defence Force. These regulations, which took effect from specific dates in July 1979 for different services, were designed to align salary adjustments with the changing cost of living and economic circumstances.
Scope and Application
The Defence Force (Salaries) Regulations, amended by Statutory Rules 1979 No. 161, pertain specifically to the remuneration of members of the Australian Defence Force, which includes the Navy, Army, and Air Force. These regulations apply to members of the Navy from 5 July 1979, and members of the Army and Air Force from 4 July 1979. The regulations are crafted under the overarching legislative authority of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The primary amendment detailed in the Statutory Rules involves the adjustment of service allowance for these members, with a specified increase from $950.00 to $1,321. The scope of these regulations is limited to financial matters concerning the salaries and allowances of Defence Force members and does not extend to other forms of remuneration or benefits. The regulations are applicable on a national level, aligning with the jurisdiction of the Commonwealth of Australia. Subordinate instruments may further define or extend the application of these regulations, ensuring they remain current and relevant to the changing needs of Defence Force members.
Key Provisions
The principal operative sections of these Regulations pertain to the amendment of the Defence Force (Salaries) Regulations, specifically under Regulation 10, sub-regulation (1), which modifies the Service Allowance from $950.00 to $1,321.00. These changes are applicable to service by members of the Navy and the Army from 5 July 1979, and for members of the Air Force from 4 July 1979. This amendment essentially adjusts the financial allowance provided to service members as part of their remuneration package, reflecting changes in financial circumstances or policy adjustments within the defence forces.
These Regulations impose specific obligations on the parties they govern, primarily the members of the Navy, Army, and Air Force. They ensure that any salary adjustments, including the increase in the Service Allowance, are correctly applied to the remuneration of the service members from the specified dates. The Regulations also require compliance with these changes by relevant Defence Force authorities, who must ensure that the new allowances are correctly disbursed in accordance with the updated figures.
There are no explicit offences or penalties detailed in these Regulations. However, the implications of non-compliance could involve administrative or financial discrepancies if the updated allowances are not properly applied. The Regulations rely on the existing framework of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, which might include provisions for enforcement and penalties in case of broader non-compliance with defence-related statutes. While specific penalties for these Regulations are not outlined, the overarching Acts might provide recourse for any breaches of salary or allowance provisions.