Defence Force (Salaries) Regulations (Repeal) 1996 No. 182
EXPLANATORY STATEMENT STATUTORY RULES 1996 No. 182
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Naval Defence Act 1910 Air Force Act 1923
Defence Force (Salaries) Regulations (Repeal)
The Defence Force (Salaries) Regulations (the Principal Regulations), made under the Defence Act 1903, Naval Defence Act 1910 and Air Force Act 1923, had the primary purpose of providing for salaries for members of the Defence Force. Most of the provisions formerly contained in the Principal Regulations had been repealed progressively as they were replaced by other legislation of tri-service application, particularly determinations made under Part IIIA of the Defence Act.
The Principal Regulations comprised only definitions of various terms which were used in the Military Financial Regulations, made under the Defence Act, the Naval Financial Regulations, made under the Naval Defence Act, and the corresponding provisions in the Air Force Regulations, made under the Air Force Act. As those provisions are now repealed, the definitions in the Principal Regulations are obsolete.
The Statutory Rule repeals the Principal Regulations.
The Statutory Rule comes into operation on 1 December 1996.
Overview
The Defence Force (Salaries) Regulations (Repeal) 1996 No. 182 was enacted to address the redundancy of the Defence Force (Salaries) Regulations, which had previously been established under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. As the provisions within the Principal Regulations were progressively repealed and replaced by other legislation, particularly under Part IIIA of the Defence Act, the definitions contained within these regulations became obsolete. Consequently, this Statutory Rule was issued under the authority of the Minister for Defence Industry, Science and Personnel to repeal the Defence Force (Salaries) Regulations, thereby streamlining and modernising the legislative framework governing the salaries of Defence Force members. This repeal reflects the policy objective of ensuring that regulations remain relevant and effective in the current legislative context.
Scope and Application
The Defence Force (Salaries) Regulations (Repeal) 1996 No. 182 applies to the Defence Force, which includes all members of the Australian Defence Force, and is issued under the authority of the Minister for Defence Industry, Science and Personnel. This Statutory Rule repeals the Defence Force (Salaries) Regulations, originally made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923, which previously provided for salaries for members of the Defence Force. With the majority of the provisions in the Principal Regulations having been repealed progressively as they were replaced by other tri-service legislation, particularly determinations made under Part IIIA of the Defence Act, the definitions in the Principal Regulations have become obsolete. The repeal of these regulations signifies the end of their applicability and relevance in the context of current Defence Force salary arrangements. The Statutory Rule will come into effect on 1 December 1996, marking the official repeal of the Defence Force (Salaries) Regulations.
Key Provisions
The primary sections of the Defence Force (Salaries) Regulations (Repeal) 1996 No. 182 (the Statutory Rule) relate to the repeal of the Defence Force (Salaries) Regulations, made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. These regulations previously defined terms used in various financial regulations concerning the Defence Force. As the provisions they defined are now obsolete due to progressive repeal and replacement by other legislation, the Statutory Rule repeals the Principal Regulations (sections 1 and 2). The repeal is effective from 1 December 1996 (section 3).
The Statutory Rule imposes specific obligations on the entities it governs, primarily by rendering the Principal Regulations obsolete and nullifying their previous definitions. These definitions, once integral to the Military Financial Regulations, Naval Financial Regulations, and Air Force Regulations, are no longer in effect since they have been replaced or repealed. This repeal signifies that any references to the definitions in the Principal Regulations are no longer valid, aligning with the current legislative framework.
Breaching the repealed regulations by attempting to rely on the now-nullified definitions could have civil or administrative consequences, depending on the context in which such definitions might be invoked. However, the Statutory Rule itself does not prescribe specific offences, penalties, or criminal consequences for breaches. The potential consequences would arise from the misinterpretation or misapplication of repealed regulations in other legal contexts, not from the Statutory Rule itself. The Statutory Rule’s role is purely to formalize the repeal and ensure that outdated provisions are no longer applicable.