Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 20, an Interim Determination under the Defence Amendment Act 1979, was enacted to address the need for updating and clarifying allowances related to submarine service within the Defence Force (Salaries) Regulations. This legislative instrument was made by D. J. Killen, the Minister of State for Defence, as authorised by section 12 of the Defence Amendment Act 1979. The primary objective of this determination was to align the Defence Force (Salaries) Regulations with the newly established Submarine Service Allowance, as stipulated under section 58B of the Defence Act 1903. By amending several sub-regulations, the interim determination ensures that members of the Defence Force receive appropriate allowances for submarine service, effectively updating the regulatory framework to reflect current compensation standards for such specialised duties.

Scope and Application

The Interim Determination made under section 12 of the Defence Amendment Act 1979 applies specifically to members of the Australian Defence Force, who are to receive certain allowances under the Defence Force (Salaries) Regulations. The amendments made by this Determination affect the terms of submarine service allowance, replacing previous allowances with new rates specified in Determination 0204, made under section 58B of the Defence Act 1903. The changes in the allowances are effective for service rendered on or after the date of the making of Determination 0204. This legislative instrument adjusts the allowances payable to members, thereby impacting the financial entitlements of those serving in the Defence Force. The Interim Determination has a national reach, being a Commonwealth instrument that applies across Australia. The scope of the application is confined to members of the Defence Force, and there are no stated exclusions or exemptions within the text of this particular Determination.

Key Provisions

The Interim Determination under the Defence Amendment Act 1979 amends the Defence Force (Salaries) Regulations 1973 (sub-reg. 12(4) and 13(4)) by replacing references to a "submarine allowance" with "submarine service allowance" as per Determination 0204, Submarine Service Allowance made under section 58B of the Defence Act 1903. Furthermore, regulation 15 is repealed from the date of making Determination 0204, and regulation 20 is amended to include a reference to the submarine service allowance (sub-para. 4(b)(ii)). This Determination applies to service rendered by a member on or after the date of making Determination 0204. The Defence Force (Salaries) Regulations 1973, as amended by this Determination, impose obligations on the Defence Force to ensure that members are compensated appropriately for their service. Specifically, it requires the Defence Force to calculate and pay the submarine service allowance as per Determination 0204, instead of the previously referenced submarine allowance. This change ensures that the compensation structure aligns with the updated allowance determinations. The Defence Force must also ensure that any references to the submarine allowance in the regulations are updated to reflect the submarine service allowance, and it must cease to apply regulation 15 from the date of making Determination 0204. Failure to comply with the provisions of this Determination may result in administrative or legal consequences for the Defence Force, although the specific nature of these consequences is not detailed within the legislation itself. However, the Defence Force must ensure that its practices align with the legislative requirements to avoid any potential repercussions. The Defence Force is also responsible for ensuring that all affected members are properly informed of these changes and that any financial discrepancies are rectified promptly. Under the Defence Amendment Act 1979, there are no explicitly stated offences, penalties, or civil/criminal consequences for breaching the provisions of this Determination. However, the Defence Force is expected to comply with the legislative requirements to avoid potential administrative or legal issues. The absence of specific penalties does not diminish the importance of adherence to the regulations, as non-compliance could lead to disputes or claims from affected Defence Force members. It is thus imperative for the Defence Force to implement the changes as per the Interim Determination effectively and efficiently.