EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 166
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Schedule 5 of the Defence Force (Salaries) Regulations contains the rates of salaries payable to medical and dental officers of the Permanent Force.
These Statutory Rules omit and replace Schedule 5 to provide for increased rates of salary for officers up to and including the rank of Colonel (and equivalent), other than officers performing their year of compulsory residency.
The increase in salaries flows from an interim increase approved for medical categories in the Australian Public Service.
The date of effect is 31 December 1981, the date the increase was approved for the Australian Public Service.
Overview
The Statutory Rules 1982 No. 166, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to adjust the rates of salaries for medical and dental officers of the Permanent Force. Enacted in 1979, the Defence Amendment Act authorised the Minister to make interim determinations amending or repealing regulations, with these determinations being deemed Statutory Rules. The policy objective behind these amendments is to align the salaries of military medical and dental officers with the interim increases approved for their counterparts in the Australian Public Service, ensuring consistency and equity across public service sectors. The amendments reflect the approval date of 31 December 1981, marking the effective date for the salary increases.
Scope and Application
The Statutory Rules 1982 No. 166, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations to revise the rates of salaries for medical and dental officers within the Permanent Force, up to and including the rank of Colonel (and equivalent), excluding those in their year of compulsory residency. This amendment is made pursuant to Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations regarding regulation changes. These interim determinations are deemed Statutory Rules, reflecting the increase in salaries approved for medical categories in the Australian Public Service. The amendment is effective from 31 December 1981, the date when the salary increase was sanctioned for the Australian Public Service. The scope of the legislation is specifically targeted at medical and dental officers within the Permanent Force, thereby impacting certain personnel within the Defence Force. The jurisdictional reach of these regulations is national, aligning with the broader Defence Force structure and ensuring uniformity in salary adjustments across the force. The amendments are contained within the Statutory Rules and do not extend beyond the prescribed ranks and conditions outlined in the legislation.
Key Provisions
The key operative sections of these Statutory Rules (C2004L04412) pertain to the amendment of the Defence Force (Salaries) Regulations, specifically Schedule 5, which deals with the salaries of medical and dental officers in the Permanent Force. Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules upon issuance. These Statutory Rules focus on replacing and omitting Schedule 5 to adjust salary rates for officers up to and including the rank of Colonel (and equivalent), excluding those in their year of compulsory residency. This adjustment is aligned with the interim salary increase that was approved for medical categories in the Australian Public Service.
The Act imposes several obligations and requirements on the entities it governs. Primarily, it mandates the updating of salary rates for eligible medical and dental officers within the Defence Force to reflect the interim increase approved for the Australian Public Service. This adjustment is to take effect from 31 December 1981, the date when the increase was approved for the public service. The new rates outlined in the amended Schedule 5 must be adhered to in all salary payments from that date forward, ensuring consistency and fairness in compensation within the specified ranks.
In terms of compliance and enforcement, the Statutory Rules do not explicitly outline specific offences or penalties for breaches. However, non-compliance with the mandated salary rates could potentially lead to legal repercussions under the Defence Force Discipline Act 1982 or other relevant legislation. The implications of such breaches might include disciplinary actions against officers responsible for salary administration or financial misconduct, as well as possible civil or administrative penalties for failing to adhere to the updated salary structures. The exact consequences would depend on the specific circumstances and applicable laws.