Statutory Rules
1979 No. 265
REGULATIONS UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 19231
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this twelfth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
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AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2
High electricity charges allowance
1. Regulation 9b of the Defence Force (Salaries) Regulations is amended–
(a) by adding at the end of sub-regulation (1) “with one or more of his dependants”; and
(b) by inserting after sub-regulation (5) the following sub-regulation:
“(5a) Where the charges for electricity include an amount calculated on the basis of a separate tariff in respect of a hot water service, the units of electricity referred to in paragraph (5) (a) shall include–
(a) in each monthly charging period–100 units for which the charge is calculated on the basis of that separate tariff;
(b) in each two-monthly charging period–200 units for which the charge is calculated on the basis of that separate tariff; and
(c) in each quarterly charging period–300 units for which the charge is calculated on the basis of that separate tariff.”.
Rations and quarters charge
2. Regulation 19 of the Defence Force (Salaries) Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:
Item | Description of member | Rate of deduction per day |
| | $ |
1 | A member referred to in Schedule 9................. | 3.55 |
2 | A member holding a rank specified in Part I of Schedule 7, not being a member referred to in Schedule 9 | 3.55 |
3 | A member holding a rank specified in Part II or Part III of Schedule 7, not being a member referred to in Schedule 9 | 4.40 |
4 | An officer other than an officer referred to in Schedule 9.... | 4.75 |
Application
3. The amendment effected by regulation 2 applies in relation to–
(a) the salaries of members of the Navy or of the Army in respect of any period after 3 January 1980; and
(b) the salaries of members of the Air Force in respect of any period after 2 January 1980.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 18 December 1979.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 4 and see also Statutory Rules 1979 Nos. 4, 23, 69, 84, 92, 119, 152, 161, 163, 203, 228, 247 and 254.
Overview
The Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 were enacted in 1979 to provide detailed rules and provisions for the administration and operation of the defence forces of Australia. These regulations are made by the Governor-General acting on the advice of the Federal Executive Council, and they serve to implement the broader legislative framework established by the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The primary objective of these regulations is to ensure that the defence forces are managed effectively and that the members of these forces are appropriately compensated and supported. This includes setting out specific allowances and deductions related to salaries, such as allowances for electricity charges and deductions for rations and quarters, as detailed in the amendments made to the Defence Force (Salaries) Regulations.
Scope and Application
The Statutory Rules 1979 No. 265, which include amendments to the Defence Force (Salaries) Regulations, apply to members of the Navy, Army, and Air Force, with the specific amendments affecting their salaries from specified dates. These regulations are made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, thereby extending the Commonwealth’s jurisdictional reach over defence force personnel. The amendments pertain to adjustments in the high electricity charges allowance and the rates of deductions for rations and quarters. Notably, the amendments to the high electricity charges allowance affect the calculation of units for which charges are made based on separate tariffs for hot water services, impacting the allowances for members living with dependents. The new rates for deductions for rations and quarters, as outlined in the table, also apply to different ranks and categories of members. The application of these amendments is specifically directed to the salaries of defence force members from particular dates in January 1980, depending on the service branch.
Key Provisions
The Statutory Rules 1979 No. 265, made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, introduce amendments to the Defence Force (Salaries) Regulations. Firstly, regulation 9b of the Defence Force (Salaries) Regulations is amended to include a new sub-regulation (1) which specifies that a member of the Defence Force can claim an electricity charges allowance with one or more of their dependants. Furthermore, a new sub-regulation (5a) is added, which provides that where electricity charges include a separate tariff for a hot water service, the units of electricity are to be calculated on a monthly, bi-monthly, or quarterly basis. Secondly, regulation 19 of the Defence Force (Salaries) Regulations is amended to replace the existing table in sub-regulation (1) with a new table that outlines the rate of deduction per day for various categories of Defence Force members.
These regulations impose obligations on Defence Force members and their dependants to accurately claim and account for electricity charges, particularly when these charges include a separate tariff for hot water services. Additionally, the Defence Force members are required to comply with the new rates of deduction for rations and quarters, as specified in the amended table of regulation 19. The amendments also impose an obligation on the Defence Force to adjust the salaries of its members accordingly from the specified dates mentioned in regulation 3.
Failure to comply with these regulations may result in breaches that could lead to civil or administrative consequences. For instance, if a Defence Force member does not accurately claim their electricity charges allowance or if the Defence Force does not adjust salaries as required, it could result in financial discrepancies or disputes. Additionally, non-compliance with the new rates of deduction for rations and quarters could lead to incorrect salary deductions. Although the legislation does not explicitly state penalties, breaches of regulations in a governmental context could potentially lead to disciplinary action or financial penalties under other applicable laws.