Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 313, an Interim Determination made under the Defence Amendment Act 1979, was enacted to address the need for timely adjustments to the Defence Force (Salaries) Regulations in response to the evolving requirements of the Australian Defence Force. This legislative instrument was issued by the Minister of State for Defence, D. J. Killen, on 19 December 1979, and notified in the Commonwealth of Australia Gazette on 8 January 1980. The primary objective of this interim measure was to update the sea-going allowance for certain members of the Australian Defence Force, ensuring that the financial provisions accurately reflected the operational realities and responsibilities of personnel involved in sea operations.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to amendments of the Defence Force (Salaries) Regulations, specifically concerning the sea-going allowance for members of the Australian Defence Force. These amendments apply to service by members of the Air Force on or after 7 June 1979 and to members of the Navy and Army on or after 8 June 1979, excluding those specifically mentioned in the amendment. The changes include adjustments to the eligibility criteria for the sea-going allowance, such as the inclusion of members of a Fleet Air Arm Squadron while embarked in a ship for an air operation, and modifications to the allowance rates. The Interim Determination extends the application of these regulations nationally, as it is a Commonwealth instrument, thereby affecting all relevant members across the country. Subordinate instruments may further extend or restrict the application of these regulations as necessary.

Key Provisions

The main operative sections of this legislation focus on amending the Defence Force (Salaries) Regulations, particularly in relation to the sea-going allowance. Regulation 13 has been updated to specify that members of the Fleet Air Arm Squadron are included in the sea-going allowance while embarked in a ship for an air operation (sub-regulation (1)(a)). The regulation further specifies that certain high-ranking members, such as the Fleet Commander or the Commodore Flotillas, and those posted to their staff, are not eligible for this allowance (sub-regulation (2a)). Additionally, the financial rates for the sea-going allowance have been adjusted, with the new rates being $944 and $750, respectively (sub-regulations (3)(a) and (3)(b)). These amendments apply to members of the Air Force from 7 June 1979, and to members of the Navy and Army from 8 June 1979, as outlined in the application section of the Interim Determination. The obligations and requirements imposed by this legislation are primarily directed towards the Defence Force and its members. The Defence Force must ensure that the updated sea-going allowance criteria are correctly applied to eligible members, particularly those of the Fleet Air Arm Squadron who are embarked in a ship for an air operation. It is also required to withhold the sea-going allowance from members in specific high-ranking positions, such as the Fleet Commander or the Commodore Flotillas, and those serving on their staff. The financial adjustments to the allowance must also be implemented, with the new rates of $944 and $750 replacing the previous rates. Members of the Defence Force must be aware of these changes and comply with the new criteria to ensure they are appropriately compensated for their service. The Interim Determination includes provisions for civil and criminal consequences in the event of non-compliance with the updated regulations. While the specific penalties are not detailed in the text, it is understood that breaches of the Defence Force (Salaries) Regulations could result in penalties under the Defence Amendment Act 1979. These could include fines or other sanctions for individuals or entities found to be in breach of the regulations. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the applicable laws in place at the time. It is important for all parties involved to adhere to the updated regulations to avoid any potential legal repercussions.