Statutory Rules
1980 No. 42
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
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 this sixth day of March 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
Amendments of the Defence Force (Salaries) Regulations2
General rates of salary payable to members
1. Regulation 8 of the Defence Force (Salaries) Regulations is amended —
(a) by inserting after sub-regulation (7) the following sub-regulation:
“(7A) Where the Minister under the relevant sub-regulation determines that a pay level specified in Part I of Schedule 7 is appropriate to a mustering, the number of years of service in a rank specified in Part II of Schedule 7 of a member who —
(a) on or after the date of effect of that determination is included in that mustering; and
(b) immediately before inclusion in that mustering held that rank, but was included in a class of soldiers, sailors or airmen determined by the Minister to be a class to which sub-regulation 12BA (4) of the Military Financial Regulations, 31A (3) of the Naval Financial Regulations or 549A (2) of the Air Force Regulations applies,
shall be deemed to have been increased from the date of his inclusion in that mustering, where the number of years of service applicable for the purposes of sub-regulation 8 (2) to the pay level applicable to that mustering, exceeds the number of years of service applicable to the class referred to in paragraph (b), by a period equal to that excess number of years.”;
(b) by omitting from sub-regulation (8) “sub-regulations (6) and (7)” and substituting “sub-regulations (6), (7) and (7A)”;
(c) by inserting in sub-regulation (13) “, (7A)” after “(7)”; and
(d) by inserting in sub-regulation (14) “(7A),” after “(7),”.
Application
2. The Defence Force (Salaries) Regulations as amended by clause 1 apply in relation to an inclusion in a mustering to which sub-regulation (7A) applies, that occurs on or after 1 February 1980.
1. Notified in the Commonwealth of Australia Gazette on 14 March 1980.
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 and 34.
Overview
The Defence Amendment Act 1979 was enacted by the Australian Parliament to address gaps in the salary structure and career progression of members within the Australian Defence Force. This legislation provides the framework for amendments to the Defence Force (Salaries) Regulations, ensuring that service members receive equitable remuneration based on their rank and length of service. The Interim Determination under section 12 of the Defence Amendment Act 1979, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence on 6 March 1980, focuses on adjusting the general rates of salary payable to members to better reflect their years of service and rank. This adjustment aims to provide fair compensation and motivate service members by recognising their progression and commitment within their respective musterings.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979 applies to members of the Australian Defence Force, specifically focusing on their salary adjustments based on the number of years of service in a particular rank and their inclusion in specific musterings. The amendment pertains to the Defence Force (Salaries) Regulations and affects those individuals who are included in a mustering on or after 1 February 1980. The changes outlined in the legislation seek to ensure that the number of years of service recognised for salary purposes is correctly calculated when members transition from certain classes of soldiers, sailors, or airmen to other musterings. The scope of the amendment is limited to salary adjustments within the Defence Force and does not extend to other areas or entities outside of this framework. The application of these regulations is confined to the Commonwealth jurisdiction, impacting members of the Australian Defence Force across the nation.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the Defence Force (Salaries) Regulations, specifically Regulation 8. Sub-regulation (7) is amended to include a new sub-regulation (7A) (Regulation 2(a)). This new sub-regulation allows for the deemed increase of years of service for members who are included in a specific mustering and meet certain criteria, such as holding a particular rank before their inclusion in the mustering (Regulation 2(a)(i)). This deemed increase in service years applies if the number of years of service applicable to the pay level exceeds the number of years of service applicable to the class referred to in sub-regulation (7A). The changes to sub-regulation (8), (13), and (14) ensure that the new sub-regulation (7A) is properly referenced within these sections (Regulation 2(b), (c), and (d)).
The obligations and requirements imposed by this legislation on the parties or entities it governs include the need to accurately calculate and apply the new deemed years of service for members included in a mustering on or after 1 February 1980. The Defence Force (Salaries) Regulations must be amended to include the new sub-regulation (7A) and properly reference it within the relevant sections. This ensures that the new provisions are correctly applied and that affected members receive the appropriate salary adjustments based on their deemed years of service.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of this legislation. However, failure to properly apply the amended Defence Force (Salaries) Regulations and the new sub-regulation (7A) may result in incorrect salary calculations for affected members. This could potentially lead to disputes and legal challenges regarding the accuracy of salary payments. It is essential for the parties and entities governed by this legislation to ensure compliance with the amended regulations to avoid any potential issues arising from non-compliance.