Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 326, issued under the authority of the Minister for Defence, represents an amendment to the Defence Force (Salaries) Regulations. Enacted in 1983, this piece of legislation responds to the need for updating regulatory language to reflect changes in the Defence Act 1903. Specifically, it addresses the renaming of the Married Trainee’s Allowance to the Trainee’s Dependant Allowance, which took effect on 7 October 1983. The policy objective of this amendment is to ensure that the Defence Force (Salaries) Regulations remain consistent with current legislative terminology, thereby avoiding confusion and ensuring accurate application of the allowance within the Defence Force. The regulations are issued by the relevant authority under the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal existing regulations, deeming these determinations to be Statutory Rules.

Scope and Application

The statutory rules issued under the authority of the Minister for Defence amend the Defence Force (Salaries) Regulations by modifying the definition of certain terms used throughout the regulations. Specifically, the rules address sub-regulation (2C) to update the title of the allowance previously known as the Married Trainee’s Allowance to Trainee’s Dependant Allowance, effective from 7 October 1983. This change aligns with the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, with such determinations deemed to be Statutory Rules. These rules have a direct application to the members of the Australian Defence Force and entities involved in the administration of their salaries, ensuring that all relevant documentation and records reflect the updated allowance title accurately. The amendments are confined to the regulatory framework governing defence force salaries and do not extend beyond this scope.

Key Provisions

The primary operative sections of this Statutory Rule, which amends the Defence Force (Salaries) Regulations, are found in section 12 of the Defence Amendment Act 1979, and Regulation 4 of the Defence Force (Salaries) Regulations. Section 12 of the Defence Amendment Act 1979 allows the Minister for Defence to make interim determinations that amend or repeal regulations, and these interim determinations are deemed to be Statutory Rules. Regulation 4, in turn, defines terms used throughout the regulations, including the term 'Trainee’s Dependant Allowance'. The amendment modifies sub-regulation (2C) to reflect the change in the title of the allowance from 'Married Trainee’s Allowance' to 'Trainee’s Dependent Allowance', effective from 7 October 1983. The Act imposes specific obligations on the parties governed by it. The Minister for Defence has the authority to make interim determinations that amend or repeal regulations, as per section 12 of the Defence Amendment Act 1979. The Defence Force (Salaries) Regulations must be updated to reflect these changes, ensuring that all references to allowances are accurate and up-to-date. The amendment to sub-regulation (2C) is a direct result of such a determination, ensuring that the terminology used in the regulations is consistent with the latest provisions. Failure to comply with the provisions of the Act may result in various legal consequences. While the Statutory Rules themselves do not outline specific offences or penalties, any breaches of the Defence Force (Salaries) Regulations could lead to civil or criminal liability. For example, incorrect application of the amended allowance could lead to disputes over pay, which might be resolved in civil courts. If such breaches are found to be intentional or negligent, they could also result in criminal charges under other relevant legislation. The exact penalties for such breaches would depend on the specific nature of the offence and the jurisdiction in which it is prosecuted. In summary, the Statutory Rules 1983 No. 326, issued by the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations to reflect a change in the title of a specific allowance. These changes impose obligations on the Minister to ensure that regulations are up-to-date and on the Defence Force to correctly apply these regulations. While the Statutory Rules themselves do not detail specific penalties, breaches of the Defence Force (Salaries) Regulations could lead to civil or criminal consequences, depending on the nature and intent of the breach.