Statutory Rules
1979 No. 203
REGULATION 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 Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this twentieth day of September 1979.
ZELMAN COWEN
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
–––––––––
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS2
Service allowance
Regulation 10 of the Defence Force (Salaries) Regulations is amended by adding after sub-regulation (2) the following sub-regulation:
“(3) Notwithstanding sub-regulation (1), the rate of service allowance payable to a member shall, in respect of service—
(a) by members of the Navy or of the Army on a day during the period that commenced on 13 April 1979 and ended on 5 July 1979; and
(b) by members of the Air Force on a day during the period that commenced on 12 April 1979 and ended on 4 July 1979,
be deemed to have been $1,280.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 27 September 1979.
NOTES—continued
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, 152, 161 and 163.
Overview
Statutory Rules 1979 No. 203, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, was enacted to amend the Defence Force (Salaries) Regulations. The regulation addresses a specific issue by adjusting the service allowance rates for members of the Navy, Army, and Air Force for service during certain periods in 1979. The enacting body is the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument aims to ensure that the service allowance for specified periods is accurately recognised and compensated, thereby maintaining fairness and consistency in remuneration for the Defence Force members during those times.
Scope and Application
This legislative instrument amends the Defence Force (Salaries) Regulations, which pertain to the administration of salaries and allowances within the Australian Defence Force, including the Army, Navy, and Air Force. The amendment specifically addresses the service allowance payable to members during particular periods in 1979. The scope of the regulation applies to all members of the Australian Defence Force who served during the specified dates of April to July 1979. The geographic and jurisdictional reach of this legislation is limited to the Commonwealth of Australia, as it is a federal regulation under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. There are no stated exclusions, exemptions, or thresholds in this particular amendment, which directly modifies the existing regulations. The application of the regulation is confined to the specified periods and does not extend beyond these dates. The regulation does not explicitly mention any subordinate instruments that might further extend or restrict its application.
Key Provisions
This legislative instrument amends the Defence Force (Salaries) Regulations to adjust the rate of service allowance for Defence Force members for a specified period in 1979. Under the amended Regulation 10(3), the service allowance for Navy or Army members during the period from 13 April 1979 to 5 July 1979, and for Air Force members from 12 April 1979 to 4 July 1979, is set at $1,280. This amendment ensures that the members of these defence forces receive a uniform allowance for their service during the stipulated time frame, overriding any previously applicable rates.
The Act imposes specific obligations on the relevant authorities to calculate and pay the amended service allowance as defined by Regulation 10(3). Defence Force authorities must ensure that all eligible members receive the correct allowance for the specified period, regardless of any other sub-regulations that may apply. This requirement ensures consistency and fairness in the remuneration of service members during the designated dates.
Breaches of these regulations could potentially lead to administrative errors in salary calculations or payments, which might result in financial discrepancies or disputes among service members. While the specific penalties for non-compliance are not detailed in this legislative instrument, it is likely that any failure to adhere to these provisions could result in legal consequences under the Defence Force Discipline Act or other relevant legislation. The Defence Force authorities are expected to uphold the integrity of these regulations to avoid any such outcomes.