Defence Force (Salaries) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 306, the Interim Determination under the Defence Amendment Act 1979, was enacted by the Minister of State for Defence, D. J. Killen, on 19 December 1979. This legislative instrument was designed to amend the Defence Force (Salaries) Regulations to address issues related to the extra risk allowance for members of the Australian Defence Force. The primary objective was to provide a more flexible and fair approach to the calculation and approval of extra risk allowances based on various factors, including the member’s age, rank, duties, and the specifics of their life insurance policies. The amendments also introduced transitional provisions to ensure a smooth implementation and application of the new regulations.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to the Defence Force (Salaries) Regulations, particularly addressing the extra risk allowance for members of the Defence Force. It applies to members of the Defence Force who are on or after 1 July 1979, with specific transitional provisions for the financial year beginning 1 July 1978. The regulations also apply to service on or after 7 June 1979, with amendments to the extra risk allowance from $150 to $250 and the introduction of a discretionary additional allowance under certain conditions. The approving authority for such additional allowances can be an officer of a certain rank or a person in the Australian Public Service with a specified minimum salary. This legislation is enacted at the Commonwealth level and does not specify any exclusions or exemptions, though it does extend the application of the Defence Force (Salaries) Regulations through its amendments.

Key Provisions

The main provisions of this legislation, specifically the Interim Determination under the Defence Amendment Act 1979, concern amendments to the Defence Force (Salaries) Regulations (1973 No. 100 as amended). Regulation 18, which deals with the extra risk allowance for members of the Defence Force, is particularly altered. The amount of the extra risk allowance for certain members is increased from $150 to $250 (sub-regulation 18(2)(b)). The Minister is given the authority to appoint approving authorities to assess and potentially increase the extra risk allowance beyond the set amount, based on various factors including the member’s age, rank, duties, and the specifics of their life insurance policy (sub-regulation 18(3) and (4)). These amendments apply to service performed on or after 1 July 1979, with certain transitional provisions backdated to the financial year starting 1 July 1978 (sub-regulation 3 and 4). The Act imposes specific obligations on the approving authorities, who must consider several factors before approving any additional amount of extra risk allowance beyond the prescribed $250. These factors include the member's age, rank, and duties, as well as the details of their life insurance policy and premiums. The Minister is responsible for appointing these authorities, who must meet certain criteria, such as holding a specific rank in the Defence Force or an equivalent rank in the Australian Public Service (sub-regulation 18(4)). The approving authorities must ensure that any additional amount approved is reasonable and justifiable based on the outlined criteria. The Interim Determination does not explicitly state any specific offences or penalties for breach within the text provided. However, breaches of regulations or failure to comply with the obligations set out in the Defence Force (Salaries) Regulations could potentially lead to legal consequences. Given the context of Defence Force regulations, non-compliance could be considered a serious matter, potentially leading to disciplinary action within the Defence Force or other legal repercussions as per the Defence Force Discipline Act 1982. The maximum penalties, if applicable, would likely be determined by the relevant disciplinary or legal processes within the Defence Force or Australian Public Service.