Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 307, made under section 12 of the Defence Amendment Act 1979, was enacted to address the need for an interim adjustment to the Defence Force (Salaries) Regulations. The Minister of State for Defence, D. J. Killen, issued this Interim Determination to refine the allowances applicable to members of the Defence Force, specifically regarding the hard lying allowance for those on extended stays aboard Defence Force vessels. The policy objective is to ensure that the allowance is correctly applied and does not overlap with other entitlements, thereby maintaining the integrity of financial provisions for Defence personnel. The regulation applies to members of the Air Force from 7 June 1979 and to members of the Army or Navy from 8 June 1979, ensuring a consistent application of the amended regulations across the Defence Force.

Scope and Application

This Interim Determination under section 12 of the Defence Amendment Act 1979 amends the Defence Force (Salaries) Regulations to adjust the conditions under which a hard lying allowance is payable to members of the Defence Force. Specifically, it applies to members of the Air Force, Army, and Navy who stay on board a Defence Force harbour vessel or sea-going ship for a continuous period of 72 hours or more, as well as those who are accommodated ashore at an intermediate port of call during a sea voyage. The amendment excludes members who hold a rank specified in Schedule 1 or a higher rank, and those who are entitled to other allowances such as sea-going allowance, submarine allowance, Antarctic service allowance, or travelling allowance. The changes came into effect on 7 June 1979 for Air Force members and 8 June 1979 for Army and Navy members. The Interim Determination extends the application of the Defence Force (Salaries) Regulations to these specific circumstances, ensuring that the allowances are paid appropriately based on the updated criteria.

Key Provisions

The main operative sections of this Interim Determination under the Defence Amendment Act 1979 involve amendments to Regulation 20 of the Defence Force (Salaries) Regulations, specifically concerning the hard lying allowance for Defence Force personnel. Regulation 20 is altered to redefine what constitutes a "stay on board" for the purposes of the hard lying allowance, as outlined in sub-regulations (1) through to (5). The definition of "prescribed voyage" is omitted from sub-regulation (1), and references to sub-regulations (4) and (5) are replaced with references to (2a) and (4) in sub-regulation (2). The requirement for a member to be on board a Defence Force harbour vessel or sea-going ship for a continuous period of 72 hours or more is also introduced, as well as the allowance for accommodation ashore at an intermediate port of call without ceasing to be considered on board. The daily rate for the hard lying allowance is increased from $1.00 to $1.90 per completed 24-hour period. Furthermore, the circumstances under which the allowance is not payable are expanded to include members entitled to other specific allowances, as listed in sub-regulation (4). Finally, sub-regulation (5) is omitted from the regulation. These amendments impose several obligations and requirements on Defence Force personnel. Firstly, the definition and criteria for the hard lying allowance have been expanded, necessitating that members must now stay on board a Defence Force harbour vessel or sea-going ship for a continuous period of 72 hours or more to be eligible for the allowance. Additionally, if a member is accommodated ashore at an intermediate port of call during a sea voyage, they are still deemed to be on board for the purposes of the allowance. The increased daily rate for the allowance, now $1.90 per 24-hour period, must be adhered to when calculating the allowance. Furthermore, the exclusions from the allowance have been broadened to include members who are entitled to other specific allowances, such as sea-going allowance, submarine allowance, or allowances related to service in the Antarctic or travelling allowances. Breaches of the provisions outlined in this Interim Determination could result in various civil or criminal consequences, although specific penalties are not mentioned within the text of the legislation. It is likely that failure to adhere to the requirements and obligations imposed by the amendments could lead to disputes over the correct calculation of the hard lying allowance, potentially resulting in financial implications for Defence Force personnel. Additionally, non-compliance with the new criteria for the allowance might lead to administrative actions or investigations by relevant Defence Force authorities. However, without explicit mention of penalties in the text, the full extent of the consequences for breach remains unclear.