Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 228, enacted under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, were introduced to make amendments to the Defence Force (Salaries) Regulations. The Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, made these regulations with the intent to modify certain financial aspects related to the extra risk allowance and the accrual and payment of salary and annual allowances for members of the defence forces. The objective of these amendments was to ensure that the regulations governing the extra risk allowance and the payment of salaries and allowances were aligned with the financial realities faced by defence force members.

Scope and Application

The Statutory Rules 1979 No. 228, made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, pertain specifically to the amendments of the Defence Force (Salaries) Regulations. These regulations apply to members of the Australian Defence Force, including those in the Army, Navy, and Air Force, governing their salaries and related allowances. The regulations establish the conditions under which extra risk allowances are payable to members, including adjustments to the calculation of these allowances and the timing of their accrual and payment. The scope of these regulations is limited to the Australian Defence Force personnel and their entitlements, without extending to other government employees or private sector workers. The geographic reach of these regulations is national, applying uniformly across Australia, as they are part of federal legislation governing the Australian Defence Force. There are no explicit exclusions or exemptions mentioned within the text of these specific regulations, although broader exemptions might apply under the overarching Acts. The application of these regulations can be further extended or refined through subordinate instruments, which may provide additional details or specific instances of application.

Key Provisions

The key provisions of the Statutory Rules 1979 No. 228 under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, as amended by the Legislative instrument C2004L04354, primarily focus on modifying the Defence Force (Salaries) Regulations. Regulation 18 (1) is amended to clarify that the extra risk allowance is to be paid in accordance with the new sub-regulations (2) and 21 (2). The previous sub-regulation (2) is replaced with a new sub-regulation that specifies the calculation of the extra risk allowance. The new sub-regulation (2) states that the extra risk allowance payable in respect of a financial year is the lesser of the difference between the annual premium or premiums paid in full by the member during that financial year and the annual premium or premiums that would have been paid if the member had not been so employed, or $150. Regulation 21 (2) is also amended to clarify the accrual and payment of the extra risk allowance. It specifies that the extra risk allowance, in respect of a higher annual premium paid by a member during a financial year, accrues and is payable on completion of the payment of that higher annual premium. These amendments ensure that the calculation and payment of the extra risk allowance are more clearly defined and aligned with the financial contributions of the members. The obligations and requirements imposed by these amendments on the parties governed by these regulations are primarily focused on the calculation and payment of the extra risk allowance. Defence force members now have a more explicit framework within which their extra risk allowance is determined, based on the premiums they pay. The new sub-regulations ensure that the allowance is calculated correctly and that payment is made at the appropriate time. The Defence Force (Salaries) Regulations now provide a clear methodology for both the calculation and accrual of the extra risk allowance, ensuring transparency and fairness in the financial benefits provided to members. There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these regulations. However, as these regulations are part of a legislative framework governing the defence forces, any non-compliance or failure to adhere to the specified provisions could potentially lead to administrative or disciplinary actions within the Defence force. The exact consequences would depend on the internal policies and procedures of the Defence force, but they could include corrective measures, financial adjustments, or other disciplinary actions as deemed appropriate by the relevant authorities.