Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1980 No. 55, the Interim Determination under the Defence Amendment Act 1979, was enacted to address a specific issue within the Defence Force (Salaries) Regulations. This legislative instrument was introduced by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence. The primary problem it aimed to resolve was the redundancy of Regulation 17 of the Defence Force (Salaries) Regulations in light of the existing Determination 0111, Diving Allowance, which was made under section 58B of the Defence Act 1903. The policy objective was to streamline and rationalise the allowances provided to defence force members, ensuring that regulations do not overlap or conflict with existing determinations. This interim measure was necessary to maintain clarity and efficiency in the administration of salaries and allowances within the defence force until a more comprehensive review could be undertaken.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 applies specifically to the Defence Force (Salaries) Regulations and modifies the existing regulations concerning the diving allowance for members of the defence force. The regulation primarily concerns personnel within the defence force who are eligible for the diving allowance. The jurisdictional reach of this legislation is limited to the Commonwealth, affecting entities and individuals under the purview of the Defence Force (Salaries) Regulations. The amendment is made to ensure that the diving allowance regulation does not operate concurrently with Determination 0111, Diving Allowance, which is issued under section 58B of the Defence Act 1903. This Interim Determination effectively suspends the application of the diving allowance provision in the Defence Force (Salaries) Regulations while Determination 0111 is in force. This legislative instrument operates nationally within Australia, as it pertains to the Commonwealth's defence force and its salary regulations. There are no stated exclusions or exemptions within the text, and the scope is limited to the amendment of regulation 17 concerning the diving allowance.

Key Provisions

The main operative section of this legislation is section 12 of the Defence Amendment Act 1979, under which the Interim Determination was made. This section permits the Minister of State for Administrative Services to act on behalf of the Minister of State for Defence in making interim determinations related to defence matters. The specific Interim Determination ((Statutory Rules 1980 No. 55)) amends the Defence Force (Salaries) Regulations by adding a new sub-regulation to Regulation 17, which governs diving allowances. This new sub-regulation states that the existing diving allowance regulation shall not have effect while Determination 0111, Diving Allowance, made under section 58B of the Defence Act 1903, is in force. The obligations and requirements imposed by this Act primarily concern the amendment of salary regulations within the Defence Force. The Defence Force (Salaries) Regulations are altered to ensure that the diving allowance provided in Regulation 17 is not applicable while Determination 0111 is active. This amendment ensures that there is no overlap or conflict between the two allowances. The Act also mandates that the Interim Determination be notified in the Commonwealth of Australia Gazette, which was done on 21 March 1980. In terms of consequences, the Act does not explicitly state any specific offences, penalties, or consequences for breaching its provisions. However, non-compliance with the Interim Determination could lead to administrative or financial discrepancies within the Defence Force, as it directly affects salary regulations. Any failure to adhere to the amended regulations might result in legal or administrative actions being taken to enforce compliance. The specific nature of these actions would depend on the circumstances and could include administrative reviews, audits, or further legislative measures.