Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1977 No. 128, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, addresses the need to amend the Defence Force (Salaries) Regulations, specifically relating to post allowances for Defence Force members serving in various locations. Enacted by the Governor-General of the Commonwealth of Australia, John R. Kerr, on 28 July 1977, these regulations aim to update the list of localities for which class B locality post allowances apply, reflecting changes in Defence Force deployments and international commitments. This legislative instrument ensures that Defence personnel receive appropriate allowances based on the locations of their service, thereby addressing the gap in the existing regulations concerning the classification of service locations for salary purposes.

Scope and Application

Statutory Rules 1977 No. 128, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, applies to members of the Australian Defence Force, including the Army, Navy, and Air Force, as well as their families. The regulations specifically amend the Defence Force (Salaries) Regulations, focusing on post allowances for members serving in various localities, both within Australia and abroad. The regulations outline the conditions and locations that qualify for specific post allowances, with the amendment adding Quetta to the list of class B localities and redefining the criteria for class B localities to include various international and Australian locations. This regulation extends to members serving in international peacekeeping missions, such as the United Nations Emergency Force or the United Nations Observer Group, in specified regions. The regulations have a national reach, applying across all states and territories of Australia, and are effective as per the specified commencement dates provided in the regulations. The scope of these regulations does not explicitly exclude any particular entities or conduct but is narrowly focused on the financial allowances related to service locations.

Key Provisions

The Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, made on 28 July 1977, include specific amendments to the Defence Force (Salaries) Regulations. Regulation 2 was deemed to have come into effect on 27 September 1975, while Regulation 3 was deemed to have come into effect on 1 July 1976 (1). These regulations primarily concern the allowances for members of the defence force when serving in different localities. Notably, the list of localities where members can be considered to serve in a Class B locality for post allowance purposes has been amended. For example, the addition of "Quetta" to the list of localities (2) and the substitution of the entire sub-regulation (12) with a detailed list of localities (3) are significant changes. The amended Regulations impose certain obligations on the defence force members and the Defence Force. Specifically, the regulations require that members serve in designated localities to be eligible for specific allowances, such as post allowances. The Defence Force must ensure that these allowances are correctly applied based on the member's service location. The obligations extend to accurately documenting and verifying the service locations of the members to ensure the correct allowances are disbursed. Failure to comply with these regulations can result in civil or administrative consequences for the defence force members or the Defence Force itself. The regulations do not explicitly outline specific penalties for breaches, but breaches of defence regulations generally can lead to disciplinary actions, fines, or other administrative penalties. The precise nature and severity of the penalties would depend on the specific circumstances and any additional regulations or policies in place.