Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 331, Defence Force (Salaries) Regulations (Amendment) Interim Determination was enacted to adjust specific allowances within the Defence Force (Salaries) Regulations. This legislative instrument was introduced to address the need to repeal certain allowances in line with new policy determinations concerning high electricity charges and airconditioning. Made under the authority of the Defence Amendment Act 1979, the Interim Determination was issued by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, and it aims to align the regulations with newly introduced allowances by repealing the outdated provisions. This adjustment ensures that the Defence Force (Salaries) Regulations remain current and relevant to the changing operational environment of the defence force.

Scope and Application

This interim determination made under the Defence Amendment Act 1979 pertains to the Defence Force (Salaries) Regulations, specifically repealing regulations 9b and 9c. Regulation 9b concerns the allowance for high electricity charges, while regulation 9C relates to the allowance for air conditioning. These regulations impact military personnel whose salaries are governed by the Defence Force (Salaries) Regulations. The repeal of these regulations is contingent on the issuance of separate determinations under the Defence Act 1903, specifically Determination 0303 regarding high electricity charges and Determination 0304 regarding air conditioning. These changes are applicable to all members of the Australian Defence Force, including both full-time and part-time personnel, and extend across the Commonwealth of Australia. The regulations do not specify exclusions or thresholds, but their application is limited to the defined allowances and the conditions outlined in the Defence Act 1903. The scope of these amendments is confined to the specific allowances mentioned, and any broader implications for the Defence Force (Salaries) Regulations are managed through subsequent determinations.

Key Provisions

The main sections of the Defence Force (Salaries) Regulations 2 (Amendment) (Statutory Rules 1981 No. 331) focus on the repeal of specific regulations. Section 1 of the determination repeals Regulations 9b and 9c of the Defence Force (Salaries) Regulations, which previously outlined provisions related to allowances for high electricity charges and air conditioning. Section 2 specifies the dates on which these repeals will take effect, which are contingent upon the issuance of Determinations 0303 and 0304 under section 58b of the Defence Act 1903. This means that the amendments will come into force on the respective dates these determinations are made. The obligations and requirements imposed by this legislation primarily revolve around the administrative process of updating and repealing specific regulations within the Defence Force (Salaries) Regulations. The Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, is responsible for making these amendments. The repealed regulations, 9b and 9c, which pertained to allowances for high electricity charges and air conditioning, will no longer apply to the Defence force personnel once the specified determinations are made. This change affects the way allowances are calculated and issued to eligible Defence personnel, necessitating updates to administrative processes and possibly communication to affected parties. Regarding the consequences of non-compliance or breaches of this legislation, the statutory rules themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences. However, the implications of failing to adhere to the amended regulations could include administrative penalties for Defence force members who are incorrectly paid or not paid allowances that they are entitled to under the new regulations. Additionally, there may be broader implications for the Defence force's administrative efficiency and personnel morale if the transition to the new allowances system is not managed effectively. The primary consequence, however, would be the administrative oversight in updating and communicating the changes to the affected parties.