EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 368
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE (SALARIES) REGULATIONS (AMENDMENT)
Regulation 19 of the Defence Force (Salaries) Regulations provides for a deduction called rations and quarters charge, to be made from the salary of a member rendering continuous full time service and living in service accommodation. The deduction is a levy against those members of the Defence Force who are provided with their meals and accommodation.
Sub-regulation 19(5) prescribes the various classes of members who are exempt from the charge. These include members with dependants who normally live at home but are prevented from living at home by the requirements of their service.
This amendment adds a new paragraph (j) to sub-regulation 19(5) which exempts from the rations and quarters charge members without dependants (category O members) who have permission to live out and normally live out but are required for service reasons to live temporarily in service accommodation.
The exemption does not apply to category O members in receipt of a retention of lodgings allowance or travelling allowance specified by the Minister. The intention is to exclude from the exemption members who are already being compensated financially for living away from home.
The amendment has effect from 1 July 1982.
Overview
The Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1982 No. 368, issued by the authority of the Minister for Defence, were enacted to address the issue of deductions known as the rations and quarters charge, which were applied to the salaries of Defence Force members who received meals and accommodation as part of their service. The amendment introduced a new exemption to the existing regulations concerning the charge. Specifically, it exempted members without dependants who were permitted to live outside service accommodation but were required to reside temporarily in service accommodation for service-related reasons. This amendment aimed to ensure fairness by excluding from the charge those members who were already receiving financial compensation for living away from home, such as those receiving a retention of lodgings allowance or a specified travelling allowance. The regulations came into effect on 1 July 1982, intending to provide a more equitable treatment of Defence Force members in relation to living expenses and accommodation costs.
Scope and Application
The Defence Force (Salaries) Regulations (Amendment) Statutory Rules 1982 No. 368, issued under the authority of the Minister for Defence, addresses the deductions made from the salaries of Defence Force members who are provided with meals and accommodation as part of their service. Specifically, it modifies Regulation 19, which concerns the rations and quarters charge deducted from members living in service accommodation. This regulation applies to members who are rendering continuous full-time service and have been granted an exemption from this charge. The amendment introduces a new exemption category under sub-regulation 19(5), which now includes members without dependants who, while normally living outside service accommodation, are temporarily required to reside in service accommodation for service reasons. However, this exemption does not extend to category O members receiving a retention of lodgings allowance or a specified travelling allowance, as these members are already compensated for living away from home. This amendment is effective from 1 July 1982, applying nationally within the Commonwealth of Australia to all members of the Defence Force who fall under the specified conditions.
Key Provisions
The main operative sections of this legislation concern the rations and quarters charge deductions made from the salaries of Defence Force members. Specifically, Regulation 19 (section 19) of the Defence Force (Salaries) Regulations governs the imposition of this charge on members who are provided with meals and accommodation as part of their service. Sub-regulation 19(5) identifies the categories of members who are exempt from this charge. The amendment adds a new exemption category, detailed in sub-regulation 19(5)(j), which pertains to members without dependants who are required to live in service accommodation temporarily for service reasons.
This Act imposes specific obligations on Defence Force members and the authorities responsible for administering salaries. Members must ensure that any applicable deductions are made from their salaries as per the regulations. The authorities are required to apply these deductions correctly and to exempt eligible members from the charge, as specified in the regulations. Notably, the exemption provided by the new sub-regulation 19(5)(j) applies only to members without dependants who are temporarily living in service accommodation due to service requirements, but excludes those receiving specific allowances from the Minister.
Breaching the provisions of this Act can lead to legal consequences. While the specific penalties are not detailed within the text, breaches of Defence Force regulations generally can result in disciplinary action, financial penalties, or other administrative sanctions. The severity of these penalties would depend on the nature and extent of the breach, as well as the specific regulations involved. It is essential for all parties to adhere strictly to the requirements set out in the Defence Force (Salaries) Regulations to avoid any potential legal repercussions.