Defence Force (Salaries) Regulations (Amendment)

Legislation au C2004L04425 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

STATUTORY RULES 1983 NO. 144

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE

AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS

Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.

The Defence Force (Salaries) Regulations prescribe rates of salary payable to members of the Defence Force who are rendering continuous full time service.

Regulation 7A permits recognition of special qualifications, special experience or previous service rendered by granting increments in salary for the rank at which an officer is appointed to the Defence Force. These Statutory Rules amend regulation 7A to permit such recognition for suitably qualified or experienced persons who enter as Air Cadets and undertake initial familiarisation-type training before appointment as officers.

The opportunity has also been taken to clarify the policy intent in the application of regulation 7A to the appointment of officers in the Defence Force.

The date of effect is the date of Gazettal of the Statutory Rules.

Schedule 4 of the regulations relates to regulation 7, which provides for payment of annual rates of salary to officers of the Defence Force.

Members of the Navy who hold the rank of Petty Officer and are selected to undergo officer training are, on completion of training, commissioned as Acting Sub Lieutenant. These Statutory Rules amend Schedule 4 by inserting the Naval Rank of Acting Sub Lieutenant in the Schedule.

Overview

The Statutory Rules 1983 No. 144, issued under the authority of the Minister for Defence, represent an amendment to the Defence Force (Salaries) Regulations. Enacted to address gaps in the recognition of qualifications and experience of individuals entering the Defence Force, particularly those who begin their careers as Air Cadets, these rules aim to provide a more comprehensive framework for salary increments based on prior service and special qualifications. This legislative action is rooted in Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that are deemed Statutory Rules. The overarching policy objective is to ensure that the remuneration of Defence Force officers reflects their prior experience and qualifications, thereby enhancing the attractiveness and retention of skilled personnel within the Defence Force. These Statutory Rules specifically amend Regulation 7A to allow for salary increments for officers appointed to the Defence Force who have previously served as Air Cadets and completed initial training. Additionally, the rules incorporate the rank of Acting Sub Lieutenant for members of the Navy who, upon completion of officer training, are commissioned from Petty Officer. The amendments also serve to clarify the application of Regulation 7A, ensuring a consistent approach to the recognition of prior service and qualifications in the appointment and remuneration of Defence Force officers. The changes took effect from the date of their gazette.

Scope and Application

The Defence Force (Salaries) Regulations, as amended by Statutory Rules 1983 No. 144, govern the remuneration of members of the Defence Force who are providing continuous full-time service. These regulations apply to all officers within the Defence Force, including Army, Navy, and Air Force personnel, and are enforced at the Commonwealth level. They establish salary rates and provide for increments based on special qualifications, experience, or previous service, as stipulated in regulation 7A. Notably, these amendments extend recognition of such qualifications to suitably qualified or experienced persons who enter as Air Cadets and complete initial familiarisation-type training before being appointed as officers. Additionally, the regulations now include a Naval Rank of Acting Sub Lieutenant for members of the Navy who complete officer training. The amendments clarify the application of regulation 7A, ensuring that the policy intent is transparent and consistently applied. These Statutory Rules come into effect on the date of their gazette, thereby updating the existing regulatory framework to better accommodate the diverse pathways and qualifications of Defence Force personnel.

Key Provisions

The key provisions of the Statutory Rules (C2004L04425) focus on amending the Defence Force (Salaries) Regulations, particularly in relation to the recognition of special qualifications, experience, or previous service when appointing officers (Regulation 7A). These amendments allow for salary increments to be granted for suitably qualified or experienced individuals who enter the Defence Force as Air Cadets and complete initial familiarisation training prior to their formal appointment as officers (Regulation 7A). This change aims to recognise the value of prior experience and qualifications in the selection and remuneration of Defence Force officers. These Statutory Rules impose several obligations on the Defence Force and the Minister for Defence. They require the Defence Force to implement salary increments for officers who meet the specified criteria based on their qualifications, experience, or previous service. Additionally, the Minister for Defence must ensure that these amendments are properly incorporated into the Defence Force (Salaries) Regulations and are effectively communicated to relevant personnel. The intent behind these amendments is to ensure that officers who bring valuable prior experience or qualifications to the Defence Force are appropriately recognised and compensated. Failure to comply with these provisions could result in various consequences. While the Statutory Rules do not explicitly detail specific offences or penalties for non-compliance, breaches of salary regulations or the improper application of these amendments could lead to administrative actions. Such actions may include corrective measures, financial adjustments, or other disciplinary actions as deemed necessary by the Defence Force or the Minister for Defence. The primary focus of these rules is to ensure fair and appropriate remuneration for Defence Force officers based on their qualifications and experience. The amendments also address the classification of ranks within the Defence Force, specifically inserting the Naval Rank of Acting Sub Lieutenant in Schedule 4 of the Defence Force (Salaries) Regulations. This inclusion ensures that officers who complete officer training and are selected from the Navy, holding the rank of Petty Officer, are correctly commissioned and compensated as Acting Sub Lieutenants upon completion of their training. This amendment aims to maintain consistency and clarity in rank classification and remuneration within the Defence Force. In summary, the Statutory Rules (C2004L04425) amend the Defence Force (Salaries) Regulations to recognise and compensate Defence Force officers based on their special qualifications, experience, or previous service. These amendments impose obligations on the Defence Force and the Minister for Defence to implement these changes effectively. While the rules do not specify detailed penalties for non-compliance, breaches could lead to administrative actions. The rules also clarify rank classifications to ensure proper remuneration for officers based on their qualifications and service.

Legal classification tags

Area of Law
Administrative Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.