Statutory Rules
1980 No. 174
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
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-fourth day of June 1980.
D. J. KILLEN
Minister of State for Defence
Amendments of the Defence Force (Salaries) Regulations2
Interpretation
1. Regulation 4 of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) the definition of “recreation leave”.
Post allowance
2. Regulation 9A of the Defence Force (Salaries) Regulations is amended by:
(a) omitting paragraph (7) (a) and substituting the following paragraph:
“(a) takes a period of recreation leave or special leave;”; and
(b) inserting after sub-regulation (8) the following sub-regulation:
“(8A) For the purposes of sub-regulation (8), recreation leave means recreation leave credited to a member under clause 5, 6, 7, 9, 13, 14 or 15 of Determination 2601, Recreation Leave, made under section 58B of the Defence Act 1903.”.
Recreation leave bonus
3. Regulation 14A of the Defence Force (Salaries) Regulations is amended by omitting paragraphs (3) (a) and (3) (b) and substituting the following paragraph:
“(a) in the case of a member who is not a trainee — the number ascertained by dividing the number of days recreation leave credited to the member on the leave credit day applicable to that leave year by the number 5;”.
Interpretation
4. Regulation 14C of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) the definition of “week” and substituting the following definition:
“ ‘week’, in relation to a period of recreation leave taken by or granted to a member, means a period of 5 days recreation leave not including Saturdays, Sundays or public holidays.”.
Application
5. The Defence Force (Salaries) Regulations as amended by this Interim Determination apply in relation to service by a member on or after 1 July 1980.
1. Notified in the Commonwealth of Australia Gazette on 27 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 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55, 73, 132, 142, 148 and 155.
Overview
The Statutory Rules 1980 No. 174 is an interim determination made by the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The legislation aims to address issues within the Defence Force (Salaries) Regulations, particularly concerning the definition and application of recreation leave and related allowances. Enacted by the Minister of State for Defence, D. J. Killen, this determination modifies several regulations to provide clearer definitions and applications for recreation leave and associated bonuses for members of the defence force. The policy objective is to ensure that the regulations accurately reflect the current requirements and practices within the defence force. This interim determination is set to apply to service by a member on or after 1 July 1980.
Scope and Application
The Interim Determination made under the Defence Amendment Act 1979 pertains to the Defence Force (Salaries) Regulations, specifically amending several regulations to update the definitions and allowances related to recreation leave for Defence Force members. This legislation applies to members of the Defence Force who are on service on or after 1 July 1980. The amendments include the removal of the definition of "recreation leave" and the insertion of a new definition, as well as changes to the calculation of the recreation leave bonus. The regulations also redefine the term "week" in relation to recreation leave taken by or granted to a member, specifying it as a period of five days excluding Saturdays, Sundays, and public holidays. The scope of this legislation is limited to the specified amendments within the Defence Force (Salaries) Regulations and does not extend beyond these particular changes.
Key Provisions
The main operative sections of this Interim Determination (Statutory Rules 1980 No. 174) under the Defence Amendment Act 1979 include amendments to the Defence Force (Salaries) Regulations. These amendments, which take effect from 1 July 1980, modify the definitions and provisions concerning recreation leave for members of the Defence Force. For instance, Regulation 4 is amended by omitting the definition of "recreation leave" from sub-regulation (1) (section 1). Regulation 9A is revised to exclude certain paragraphs and include a new sub-regulation specifying the meaning of recreation leave for the purpose of salary calculations (section 2). Additionally, Regulation 14A is amended to redefine the calculation method for the recreation leave bonus (section 3). Furthermore, Regulation 14C updates the definition of "week" in relation to periods of recreation leave (section 4).
This legislation imposes specific obligations on the parties governed by it. For instance, members of the Defence Force must now adhere to the new definitions and provisions concerning recreation leave as outlined in the amended Defence Force (Salaries) Regulations. These include the redefinition of recreation leave itself, the manner in which it is credited, and how it is to be calculated for salary purposes. The new definitions and provisions aim to ensure clarity and consistency in the administration of recreation leave entitlements and related bonuses.
There are no specific offences, penalties, or civil/criminal consequences explicitly stated in this Interim Determination. However, non-compliance with the regulations as amended could potentially lead to disputes or administrative issues regarding salary entitlements and recreation leave. It is important for Defence Force members and their administrators to ensure they are aware of and comply with these new provisions to avoid any such issues.