Defence Force (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 236, issued under the authority of the Minister for Defence, amends the Defence Force (Salaries) Regulations. Enacted to address the need for equitable salary increments for certain Defence Force members, particularly those transferring from the 1977 Airman Aircrew Scheme to the 1983 scheme, these amendments recognise the previous experience of aircrew personnel. By allowing higher increment points for these members, the legislation aims to ensure fair treatment compared to new entrants. This amendment is a direct response to the provisions outlined in Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, thereby maintaining the necessary flexibility in salary structures within the Defence Force.

Scope and Application

The Defence Force (Salaries) Regulations, as amended by these Statutory Rules, apply to members of the Defence Force who are rendering continuous full-time service, with a specific focus on those in the airman aircrew employment category. These regulations serve to prescribe rates of salary for these members and have been amended to ensure that certain personnel receive salary increments based on their previous experience under the 1977 Airman Aircrew Scheme, thereby achieving equitable treatment with new entrants to the 1983 Scheme. The amendment is mandated under Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that are deemed to be Statutory Rules. These rules apply across the Commonwealth of Australia, ensuring that the provisions are uniformly observed in all states and territories. The regulations do not specify any exclusions or exemptions, but they are subject to any limitations or qualifications that may be outlined in subordinate instruments issued under the authority of the Minister for Defence.

Key Provisions

The main operative sections of these Statutory Rules (C2004L04439) pertain to the amendments made to the Defence Force (Salaries) Regulations, specifically in Section 12 of the Defence Amendment Act 1979. This provision allows the Minister to issue interim determinations that modify or repeal existing regulations. The rules issued under this authority are considered Statutory Rules (section 1). These particular Statutory Rules have been enacted to adjust the salary rates for certain members of the Defence Force who are part of an airman aircrew employment category, by allowing them to be paid at a higher increment point than would typically apply (section 2). The amendments impose specific obligations on the Defence Force, particularly in ensuring that members who have transferred from the 1977 Airman Aircrew Scheme to the 1983 Scheme are treated equitably. This means that the Defence Force must review and adjust salary increments for these members to reflect their previous experience and to maintain fairness in comparison to new entrants to the 1983 Scheme (section 3). Additionally, these regulations necessitate that the Defence Force update its internal systems and records to accurately reflect the new salary increments for the affected members (section 4). The Statutory Rules do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, the authority to make these interim determinations and the deeming of such determinations as Statutory Rules imply a legal obligation on the Defence Force to adhere to these amendments. Failure to comply with the provisions could potentially lead to legal challenges or administrative penalties, though the exact nature and severity of such consequences are not detailed in the provided text (section 5). The overarching legislative framework, including the Defence Amendment Act 1979, would likely outline the enforcement mechanisms and potential penalties for non-compliance.