Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 460, issued under the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations by repealing certain provisions that are superseded by the Minister's Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903. This amendment addresses the need to update and streamline salary regulations for Defence Force members, ensuring they align with current legislative and operational requirements. The enactment of these Statutory Rules was necessitated by the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations. The objective is to maintain a consistent and efficient regulatory framework that accurately reflects the remuneration structure for Defence Force personnel.

Scope and Application

The Statutory Rules 1984 No. 460, issued by the authority of the Minister for Defence, amend the Defence Force (Salaries) Regulations by repealing certain provisions that have been superseded by Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903. This amendment applies to members of the Defence Force who are rendering continuous full-time service and encompasses the adjustments to salary rates as prescribed by the new determination. The scope of these regulations is limited to the Australian Commonwealth, applying specifically to the Defence Force, thereby affecting entities and personnel within this sector. The regulations cover the repeal of specific sections and schedules within the Defence Force (Salaries) Regulations, rendering them obsolete and replacing them with the provisions set out in Determination 0101. These changes took effect from 31 December 1984, aligning with the operational date of the new determination.

Key Provisions

The primary operative sections of these Statutory Rules (C2004L04443) are concerned with the amendment and repeal of certain regulations pertaining to salaries for members of the Defence Force. Specifically, regulations 4A to 4E, 35, Part II, and Schedules 1, 2, 4, 5, 6, 7, and 9 of the Defence Force (Salaries) Regulations are repealed (reg 2). The rules clarify that the matters covered by regulations 4B, 4C, 4E, 7AA, 7AB, 8D, 9B, and sub-regulation 8(1B) are no longer applicable. This repeal is due to these regulations being replaced by Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903 (reg 2). The date of effect for these changes is 31 December 1984, aligning with the date Determination 0101 was made (reg 3). The Act imposes obligations on the parties and entities it governs by ensuring the alignment of salary regulations with the new Determination 0101. This includes the cessation of the applicability of the repealed regulations and the adoption of the new salary provisions set out in the Determination. All relevant parties, including Defence Force members, the Department of Defence, and any other affected entities, must comply with the new salary structure as per Determination 0101. This ensures that all salary-related matters for Defence Force members are governed by the updated provisions, which reflect the latest legislative and administrative changes. There are no explicit offences, penalties, or civil/criminal consequences stated in these Statutory Rules for breaches of the repealed regulations. However, non-compliance with the new salary provisions as outlined in Determination 0101 could potentially lead to administrative or disciplinary actions within the Defence Force, depending on the severity and nature of the breach. It is important for all parties to adhere to the new regulations to avoid any such repercussions.