Statutory Rules 1981 No. 2201
Defence Force (Salaries) Regulations2 (Amendment)
I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated 30 July 1981.
KEVIN NEWMAN
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
Allowance in respect of recreation leave where member ceases to be member
1. Regulation 14b of the Defence Force (Salaries) Regulations is amended—
(a) by omitting from sub-regulation (1) “Subject to sub-regulation (6), where a member ceases to be a member during a leave year, there is payable an allowance equal to the amount of recreation leave bonus that would have been payable to him in respect of his service if—” and substituting “Where a member ceases to be a member during a leave year, otherwise than by reason of his death, there is payable to him an allowance equal to the amount of recreation leave bonus that would have been payable to him in respect of his service if—”; and
(b) by omitting sub-regulations (2), (3), (4), (5), (6) and (7).
Interpretation
2. Sub-regulation 14c (1) of the Defence Force (Salaries) Regulations is amended—
(a) by omitting paragraph (b) of the definition of “rate of salary” and substituting the following paragraph:
“(b) regulations 18, 38, 108 and 113 of the Naval Financial Regulations and, in respect of higher duties allowance for service with the Papua New Guinea Defence Force, regulation 105 of the Naval Financial Regulations;”
(b) by omitting paragraph (d) of the definition of “rate of salary” and substituting the following paragraph:
“(d) regulations 552, 556j and 615 of the Air Force Regulations and, in respect of higher duties allowance for service with the Papua New Guinea Defence Force, regulation 633 of the Air Force Regulations; and”; and
(c) by inserting in paragraph (e) of the definition of “rate of salary”, “Determination 0104, Higher Duties Allowance—Service with the Papua New Guinea Defence Force;” before “Determination 0106”.
Application
3. The Defence Force (Salaries) Regulations as amended by clause 1 shall take effect on the day on which Determination 2699, Payments in Lieu of Recreation Leave, War Service Leave, Furlough and Recreation Leave Bonus, Consequent Upon the Death of a Member or Former Member, is made under section 58b of the Defence Act 1903.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 August 1981.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 12 and see also Statutory Rules 1981 Nos. 12, 21, 33, 47, 93, 120, 123, 133 and 145.
Overview
The Defence Force (Salaries) Regulations 1981 (Amendment) Interim Determination, enacted under section 12 of the Defence Amendment Act 1979, was established to address specific allowances for members of the Australian Defence Force who cease their service during a leave year. This legislative instrument was introduced by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, aiming to ensure that the financial provisions for such members are clearly defined and accurately implemented. The primary policy objective was to rectify the allowances concerning recreation leave bonuses and ensure that members who leave the service are compensated appropriately, excluding cases of death. The Interim Determination was made to take effect concurrently with the issuance of Determination 2699 under the Defence Act 1903.
Scope and Application
The Defence Force (Salaries) Regulations 1981 (Amendment) Interim Determination amends the Defence Force (Salaries) Regulations to adjust the provisions concerning the allowance in respect of recreation leave for members of the Australian Defence Force who cease to be members during a leave year. This legislation applies to members of the Australian Defence Force, including the Army, Navy, and Air Force, who are affected by changes in their employment status during a leave year. The amendment specifies that the allowance is payable to members who cease to be members except in the event of death, which effectively narrows the circumstances under which the allowance is applicable. The jurisdictional reach of this amendment is confined to the Commonwealth of Australia, as it pertains to the federal Defence Force. The regulations are subject to further modifications and interpretations through subordinate instruments, ensuring flexibility in the application of the allowances as circumstances evolve.
Key Provisions
The main sections of the Defence Force (Salaries) Regulations 1981 (Amendment) are concerned with the allowance payable to members of the Defence Force in respect of recreation leave when they cease to be members. Regulation 14b has been amended to exclude the situation where a member ceases to be a member by reason of their death and now specifies that an allowance is payable to them if they cease to be members during a leave year for reasons other than death (1). The regulation has also been amended to omit sub-regulations (2), (3), (4), (5), (6), and (7). The interpretation section has been amended to include new definitions for the term “rate of salary” and to include Determination 0104, Higher Duties Allowance—Service with the Papua New Guinea Defence Force (2). The application section specifies that these amendments will take effect on the day that Determination 2699, Payments in Lieu of Recreation Leave, War Service Leave, Furlough and Recreation Leave Bonus, Consequent Upon the Death of a Member or Former Member, is made under section 58b of the Defence Act 1903 (3).
The Defence Force (Salaries) Regulations 1981 (Amendment) imposes certain obligations on the parties involved. Firstly, it requires that an allowance be paid to a member who ceases to be a member during a leave year, excluding cases where the member has died. Secondly, it specifies that the allowance is to be equal to the amount of recreation leave bonus that would have been payable to the member in respect of their service if certain conditions had been met. Thirdly, the regulations require that the definitions of “rate of salary” be updated to include certain regulations and determinations. Finally, it specifies that the amendments to the Defence Force (Salaries) Regulations will take effect on the day that Determination 2699 is made under section 58b of the Defence Act 1903.
Breach of the Defence Force (Salaries) Regulations 1981 (Amendment) may result in civil or criminal consequences. The regulations do not explicitly state any penalties for non-compliance, but breaches of Defence Force regulations can result in disciplinary action, including fines, imprisonment, or both. The maximum penalties for such offences would depend on the specific breach and the relevant legislation. It is important for parties involved to adhere to the regulations to avoid any potential legal consequences.