Statutory Rules 1980 No. 3531
Interim Determination under the Defence Amendment Act 1979
I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this twenty-seventh day of November 1980.
D. J. KILLEN
Minister of State for Defence
Amendments of the Defence Force (Salaries) Regulations2
Sea-going allowance
1. Regulation 13 of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (4) “made under section 58B of the Defence Act 1903” and substituting “or antarctic allowance under Determination 0305, Antarctic Allowance being Determinations made under section 58B of the Defence Act 1903”.
Interpretation
2. The definition of “rate of salary” in regulation 14C of the Defence Force (Salaries) Regulations is amended —
(a) by omitting from paragraph (b) “107,” and “, 110”;
(b) by omitting from paragraph (c) “41,” and “or a determination under the Military Financial Regulations in relation to service in Antarctica”;
(c) by omitting from paragraph (d) “, 614”; and
(d) by omitting from paragraph (e) “and Determination 0204, Submarine Service Allowance;” and substituting “Determination 0204, Submarine Service Allowance; Determination 0301, District Allowance; and Determination 0305, Antarctic Allowance;”.
Hard lying allowance
3. Regulation 20 of the Defence Force (Salaries) Regulations is amended by omitting sub-paragraph (iii) of paragraph (b) of sub-regulation (4) and substituting the following sub-paragraph:
“(iii) antarctic allowance in accordance with Determination 0305, Antarctic Allowance made under section 58B of the Defence Act 1903;”.
1. Notified in the Commonwealth of Australia Gazette on 8 December 1980.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55, 73, 132, 142, 148, 155, 174, 216, 217, 229, 249, 274, 302, 314, 333, 342 and 349.
Overview
The Defence Amendment Act 1979 was enacted by the Parliament of Australia to address gaps in the regulation of salaries and allowances for members of the Australian Defence Force. This legislative instrument, issued in 1980, amends the Defence Force (Salaries) Regulations to introduce specific allowances, including sea-going and hard lying allowances, as well as to revise the definition of "rate of salary" to incorporate various allowances such as the Antarctic Allowance. The policy objective behind these amendments is to ensure that service members receive appropriate financial recognition for their duties, including those undertaken in unique environments like Antarctica. This legislative instrument aims to update and refine the regulatory framework to better support the operational needs and welfare of Defence personnel.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979 pertains to amendments made to the Defence Force (Salaries) Regulations. Specifically, it amends the sea-going allowance, interpretation of the "rate of salary", and the hard lying allowance to include allowances for service in Antarctica, as determined by Determination 0305, Antarctic Allowance. The amendments apply to individuals and entities within the Australian Defence Force who are eligible for salary-related allowances. This legislation extends its reach to the Commonwealth level, as it is an interim determination made under federal authority. The application of this Act is restricted to the Defence Force and its members, ensuring that only those directly involved are subject to these salary regulations and allowances. The scope of the Act does not extend to civilian employees or contractors within the Defence sector, and it does not cover allowances or salary rates outside the parameters set by the Defence Force (Salaries) Regulations. The application of this Act may be further refined or expanded through subordinate instruments as needed, providing a flexible framework for addressing changes in Defence operations or policy.
Key Provisions
The main operative sections of the Interim Determination under the Defence Amendment Act 1979 (Statutory Rules 1980 No. 3531) involve amendments to the Defence Force (Salaries) Regulations. Specifically, section 1 of the legislation amends Regulation 13 to include Antarctic Allowance within the sea-going allowance (section 1(1)). Additionally, section 2 modifies the definition of "rate of salary" in Regulation 14C by removing certain references and including Determinations 0301, District Allowance, and 0305, Antarctic Allowance (section 2(a)-(d)). Section 3 further amends Regulation 20 to include Antarctic Allowance in the hard lying allowance (section 3).
These amendments impose obligations on the relevant parties, primarily those within the Defence Force, to ensure that allowances for sea-going and hard lying are correctly calculated and disbursed, including the new Antarctic Allowance. This means that Defence personnel who qualify for these allowances must be appropriately compensated according to the new regulations.
Breaches of these provisions, if they were to occur, could lead to administrative or financial discrepancies, although the legislation does not explicitly state offences or penalties. However, failure to adhere to the updated regulations could result in non-compliance with Defence Force policies and potentially affect the legal rights of personnel regarding their entitlements. Given the nature of the amendments, any significant breaches might lead to civil or administrative consequences within the Defence Force, although the specific penalties are not outlined in the legislation.