Defence Force (Salaries) Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979, made on 6 June 1980, serves to amend the Defence Force (Salaries) Regulations in relation to allowances for Defence Force personnel. This legislative instrument was enacted by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, to address a gap in the existing regulations regarding allowances for specific locations. The objective of this amendment was to ensure that members of the Defence Force who were stationed in Wellington, India, received the appropriate allowances as per the regulations. The changes made to Regulation 9A of the Defence Force (Salaries) Regulations apply to service by members on or after 8 April 1980, thereby ensuring that the updated allowances are recognised and implemented from that date.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 applies to members of the Australian Defence Force who are serving on or after 8 April 1980. This particular legislative instrument amends the Defence Force (Salaries) Regulations, specifically introducing a new sub-paragraph in relation to post allowance for service in Wellington, India. The scope of the application of these regulations is limited to the members of the Defence Force, and the amendments introduced by this determination specifically address the salary regulations for those serving in designated locations. The geographic reach of this legislation is national, as it pertains to members of the Defence Force operating within Australia and its territories, and potentially abroad where specified. The legislative instrument itself does not outline any exclusions or exemptions, though it is implied that it applies universally to all relevant members of the Defence Force under the amended regulations. The application of this Act can be further extended or restricted through subsequent legislative instruments as necessary.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979 concern the amendment of the Defence Force (Salaries) Regulations (section 1). Specifically, Regulation 9A is amended by adding a new sub-paragraph (xii) to paragraph (a) of sub-regulation (12) (section 1(1)). This amendment allows for the inclusion of Wellington in India as a location eligible for the post allowance, effective from service by members on or after 8 April 1980 (section 1(2)). The obligations and requirements imposed by this legislation primarily revolve around the administration and application of the amended Defence Force (Salaries) Regulations. Under the new regulation, Defence personnel serving in Wellington, India, are now eligible for the post allowance, which was previously not the case. This amendment ensures that such personnel receive the same benefits as those serving in other specified locations. The Regulations as amended apply to all service by members on or after 8 April 1980, meaning any Defence personnel who began their service in Wellington, India, from this date onwards are entitled to this allowance. In terms of breaches, the Interim Determination does not explicitly outline specific offences or penalties for non-compliance with the new regulation. However, failure to apply the amended Regulations correctly could lead to administrative discrepancies or financial inaccuracies in the payment of allowances to Defence personnel. Such issues might be subject to internal Defence audits or reviews to ensure compliance. The consequences of non-compliance would generally be administrative rather than criminal, potentially involving corrective financial adjustments or disciplinary measures within the Defence force.