Defence Forces (Salaries) Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 3531, specifically the Defence Force (Salaries) Regulations (Amendment), was enacted to revise the rates of deductions from the salaries of members of the Australian Defence Force. This legislative instrument was created under the authority of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, and was made by the Governor-General with the advice of the Federal Executive Council. The primary objective of this regulation is to update the rates of deductions for rations and quarters charges, ensuring that these charges are reflective of the current financial context and accurately applied to the appropriate categories of Defence Force members. These regulations, which came into effect on 13 January 1982, detail new rates for deductions based on the rank and role of the members, as outlined in the amended table in Regulation 19. This amendment ensures that the financial obligations of Defence Force members are accurately calculated and fairly distributed, maintaining the integrity of the salary structure and ensuring that members are charged appropriately according to their specific circumstances and roles within the Defence Force.

Scope and Application

The Defence Force (Salaries) Regulations 1981 (Amendment) Statutory Rules pertain to the regulation of salaries within the Australian Defence Force, specifically addressing deductions for rations and quarters. The amendment modifies the rates of deduction for various categories of military personnel, such as members referred to in Schedule 9, members holding specific ranks, and officers, effective from 13 January 1982. The regulations apply to all members of the Australian Defence Force, including the Army, Navy, and Air Force, as they are governed by the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The regulations establish specific rates of deduction based on the rank and position of the military personnel, impacting their salaries. The scope of these regulations is national, as they are federal instruments made under Commonwealth authority. The regulations do not specify any exclusions or exemptions, implying that all members within the specified categories are subject to the amended rates of deduction. The application of these regulations extends to all members of the Australian Defence Force, irrespective of their location within Australia, thereby ensuring a uniform application across the Commonwealth.

Key Provisions

The main operative sections of the Defence Force (Salaries) Regulations 1981 (Amendment) are contained in Regulation 19, which revises the rates of deduction for rations and quarters charges for various categories of Defence Force members. Specifically, Regulation 19 replaces the existing table in sub-regulation (1) with a new table that sets out the rate of deduction per day for different ranks and positions. The new rates are as follows: $4.35 for members referred to in Schedule 9, $4.35 for members holding a rank specified in Part I of Schedule 7, $5.40 for members holding a rank specified in Part II or Part III of Schedule 7, and $5.80 for any officer other than an officer referred to in Schedule 9. The Defence Force (Salaries) Regulations 1981 (Amendment) imposes obligations and requirements on Defence Force members who are subject to the rations and quarters charges. The new rates of deduction apply to salaries in respect of any period after 13 January 1982. Members who fall into the categories specified in the new table must ensure that the appropriate amount is deducted from their salary each day. Failure to comply with the regulations may result in legal consequences. The Defence Force (Salaries) Regulations 1981 (Amendment) does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the regulations may result in legal action being taken against the member or the Defence Force. The specific consequences of non-compliance will depend on the circumstances of each case and may include disciplinary action, financial penalties, or legal proceedings. It is important to note that the Defence Force (Salaries) Regulations 1981 (Amendment) is a legislative instrument that is subject to change or repeal by the Governor-General. Any amendments to the regulations will be notified in the Commonwealth of Australia Gazette and will be reflected in the Statutory Rules. It is therefore important for Defence Force members and their legal representatives to stay up-to-date with any changes to the regulations that may affect their salary or other entitlements.