Defence Force (Salaries) Regulations (Amendment)

Statutory Rules 1980 No. 4071

Defence Force (Salaries) Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 31 December 1980.

D. J. KILLEN

Minister of State for Defence

Interpretation

  Regulation 4 of the Defence Force (Salaries) Regulations is amended —

 (a) by omitting from sub-regulation (1) the definition of ‘child’ and substituting the following definition:

“ ‘child’, in relation to a member, means a child (whether born in or outside wedlock), a step-child or a legally adopted child of —

 (a) that member;

 (b) a person who has ceased to be legally married to that member;

 (c) a person who has lived on a permanent and bona fide domestic basis as that member's spouse;

 (d) the spouse or de facto spouse of that member;

 (e) a person who has ceased to be legally married to the spouse or de facto spouse of that member; or

 (f) a person who has lived with that member's spouse or de facto spouse on a permanent and bona fide domestic basis as a spouse,

who —

 (g) is less than 21 years of age and is wholly or substantially dependent on that member; or

 (h) is 21 years of age or over and is, through illness or infirmity, wholly or substantially dependent on that member;”;

 (b) by omitting from sub-regulation (1) the definition of ‘de facto spouse’;

 (c) by inserting after sub-regulation (2B) the following sub-regulation:

 “(2C) In these Regulations, the expression ‘de facto spouse’ has the same meaning as in Determination 0114, Married Trainee’s Allowance made under section 58B of the Defence Act 1903.”; and

 (d) by omitting from sub-regulation (3) “and (2B)” and substituting “, (2B) and (2C)”.

1. Notified in the Commonwealth of Australia Gazette on 13 January 1981.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 1 and see also Statutory Rules 1980 Nos. 1, 4, 9, 20, 23, 34, 42, 43, 55, 73, 132, 142, 148, 155, 174, 216, 217, 229, 249, 274, 302, 314, 333, 342, 349 and 362.