Statutory Rules
1980 No. 132
INTERIM DETERMINATION UNDER THE DEFENCE
AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this sixteenth day of May 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2
Separation allowance
1. Regulation 12 of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) “$1.90” and substituting “$2.10”.
Sea-going allowance
2. Regulation 13 of the Defence Force (Salaries) Regulations is amended by —
(a) omitting from paragraph (3) (a) “$944” and substituting “$1023”; and
(b) omitting from paragraph (3) (b) “$750” and substituting “$809”.
Extra risk allowance
3. Regulation 18 of the Defence Force (Salaries) Regulations is amended by omitting from paragraph (2) (b) “$250” and substituting “$300”.
Hard lying allowance
4. Regulation 20 of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (3) “$1.90” and substituting “$2.05”.
Application
5. The Defence Force (Salaries) Regulations as amended by clauses 1 and 2 of this Determination apply in relation to service by —
(a) members of the Air Force on or after 5 June 1980; and
(b) members of the Navy and of the Army on or after 6 June 1980.
6. The Defence Force (Salaries) Regulations as amended by clause 3 of this Determination apply in relation to service by members on or after 1 July 1980.
7. The Defence Force (Salaries) Regulations as amended by clause 4 of this Determination apply in relation to a stay on board a Defence Force harbour vessel or a sea-going ship —
(a) in the case of a member of the Air Force—on or after 5 June 1980; and
(b) in the case of a member of the Army or Navy—on or after 6 June 1980.
1. Notified in the Commonwealth of Australia Gazette on 3 June 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 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55 and 73.
Overview
The Statutory Rules 1980 No. 132, titled "Interim Determination under the Defence Amendment Act 1979," was enacted to amend the Defence Force (Salaries) Regulations. The problem or gap addressed by this legislation was the need to adjust various allowances for members of the Australian Defence Force to reflect changes in economic conditions and service requirements. This Interim Determination was made by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, in accordance with section 12 of the Defence Amendment Act 1979. The policy objective is to ensure that the salaries and allowances for Defence Force personnel are updated to maintain their adequacy and relevance in the current context.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, applies specifically to members of the Australian Defence Force, including those in the Air Force, Navy, and Army. This legislative instrument amends the Defence Force (Salaries) Regulations 1973 to adjust various allowances such as separation, sea-going, extra risk, and hard lying allowances. The changes are effective for services rendered on or after specific dates in June 1980, with different commencement dates for different services and circumstances. The regulation applies to all members of the Defence Force, ensuring updated remuneration for their respective duties. This interim determination does not explicitly state any exclusions or exemptions and is expected to be further refined or replaced by subsequent legislative instruments.
Key Provisions
The main operative sections of this Interim Determination (Statutory Rules 1980 No. 132) amend the Defence Force (Salaries) Regulations to adjust various allowances for members of the Australian Defence Force. Regulation 12 now sets a separation allowance of $2.10, up from $1.90 (Section 1). Regulation 13 increases the sea-going allowance from $944 to $1023 and from $750 to $809 for different conditions (Section 2). Regulation 18 raises the extra risk allowance from $250 to $300 (Section 3). Lastly, Regulation 20 modifies the hard lying allowance from $1.90 to $2.05 (Section 4). The amendments apply to service by members of the Air Force starting from 5 June 1980, and members of the Navy and Army from 6 June 1980, with a specific application for stays on Defence Force harbour vessels or sea-going ships (Sections 5-7).
This Act imposes obligations on the Defence Force to ensure that the updated allowances are accurately reflected in the salaries of eligible members. Specifically, it mandates that members of the Air Force, Navy, and Army receive the adjusted allowances from the respective dates mentioned in the regulations. The Defence Force must also ensure that these changes are properly implemented in payroll systems and communicated to all relevant personnel. Additionally, the Defence Force is required to maintain records demonstrating compliance with these salary adjustments.
Failure to comply with the provisions of this Interim Determination may result in breaches of the Defence Force (Salaries) Regulations. While the document does not explicitly state penalties for non-compliance, breaches of Defence Force regulations generally carry potential civil and administrative consequences. These may include financial penalties, corrective actions, or other enforcement measures as deemed appropriate by the Defence Force authorities. Additionally, persistent non-compliance could lead to disciplinary actions against Defence Force personnel responsible for the oversight and administration of salaries.