Defence Force (Salaries) Regulations (Amendment)

Overview

The Defence Force (Salaries) Regulations 1973 (as amended) provide a legislative framework governing the remuneration and allowances for members of the Australian Defence Force. The 1981 amendment to these regulations, specifically Statutory Rules 1981 No. 3301, was enacted to address a gap in the provisions relating to service allowances for certain personnel. This legislative instrument was made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, under section 12 of the Defence Amendment Act 1979. The policy objective of this amendment is to ensure that eligible members of the Defence Force, specifically those who hold the rank of Seaman, have not yet commenced category training but are undergoing officer candidate training, receive the appropriate service allowance as outlined in the updated regulations.

Scope and Application

The Interim Determination under section 12 of the Defence Amendment Act 1979 pertains to the Defence Force (Salaries) Regulations, specifically amending regulation 10 to incorporate a new subparagraph (ca) under sub-regulation (2). This amendment applies to members of the Defence Force who hold the rank of Seaman, have not yet commenced category training, and are currently undergoing officer candidate training. The scope of the amendment is limited to the Defence Force, impacting those personnel who meet the specified criteria. Geographically, the application of this amendment extends across the Commonwealth of Australia, as it is an enactment of federal legislation. The amendment does not specify any exclusions, exemptions, or thresholds beyond the outlined criteria. The Interim Determination is an interim measure and may be subject to further adjustments through subordinate instruments, which could potentially extend or restrict the application of the amendment as deemed necessary by the Minister of State for Administrative Services on behalf of the Minister of State for Defence.

Key Provisions

The main operative section of this legislative instrument is Regulation 10, which has been amended to include a new sub-paragraph (ca) within sub-regulation (2). This amendment specifies that a person holding the rank of Seaman who has not commenced category training but is undergoing officer candidate training is eligible for a service allowance (Regulation 10(2)(ca)). The amendment clarifies the circumstances under which a service allowance may be granted to individuals in this particular situation. The obligations and requirements imposed by this legislative instrument are primarily concerned with the eligibility criteria for receiving a service allowance. The Defence Force (Salaries) Regulations set out the conditions under which certain members of the Defence Force may be entitled to receive a service allowance. The amendment made by this instrument specifies that a service allowance may be granted to a Seaman who is undergoing officer candidate training but has not yet commenced category training. This amendment ensures that the eligibility criteria are clearly defined and that those who meet the specified conditions are entitled to the service allowance. In terms of consequences for breach, the legislative instrument does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, it is important to note that the Defence Force (Salaries) Regulations are designed to ensure that service allowances are granted fairly and in accordance with the specified eligibility criteria. Any breach of these regulations, including failure to correctly apply the amended provisions, could potentially result in legal action being taken against the responsible parties. It is also worth noting that failure to adhere to the regulations could result in financial implications, as individuals who are not entitled to a service allowance may receive it in error, and vice versa. Overall, this legislative instrument serves to clarify the eligibility criteria for service allowances under the Defence Force (Salaries) Regulations. By amending Regulation 10 to include a new sub-paragraph (ca), it ensures that those who meet the specified conditions are entitled to receive a service allowance. While the instrument does not explicitly outline consequences for breach, it is important for parties to adhere to the regulations to avoid potential legal and financial implications.