Statutory Rules 1981 No. 211
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Defence Forces (Salaries) Regulations2 (Amendment)
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 16 February 1981.
KEVIN NEWMAN
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
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Service allowance
1. Regulation 10 of the Defence Force (Salaries) Regulations is amended by omitting paragraphs (d) and (e) of sub-regulation (2) and substituting the following paragraphs:
“(d) is a Junior Recruit who is undergoing Junior Recruit training or officer candidate training; or
(e) is a member referred to in item 3 of Schedule 9 who—
(i) has not been posted from the junior training establishment or, in the case of a Junior Musician in the Navy, has not commenced the course of training for Musician; or
(ii) is an apprentice in the Navy posted from the apprentice training establishment to undergo officer candidate training.”.
Separation allowance
2. Regulation 12 of the Defence Force (Salaries) Regulations is amended by adding at the end of sub-regulation (4) “payable under paragraph 9 (a) of Determination 0203, Sea-going Allowance, made under section 58b of the Defence Act 1903”.
Rental allowance—members marrying during posting exceeding 6 months
3. Regulation 12a of the Defence Force (Salaries) Regulations is amended by omitting from sub-regulation (1) “of this regulation” and substituting “, this regulation”.
Repeal
4. Regulation 13 of the Defence Force (Salaries) Regulations is repealed.
Hard lying allowance
5. Regulation 20 of the Defence Force (Salaries) Regulations is amended by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4) “regulation 13” and substituting “Determination 0203, Seagoing Allowance, made under section 58b of the Defence Act 1903”.
Application
6. The Defence Force (Salaries) Regulations as amended by clauses 2, 4 and 5 apply with effect from the day on which Determination 0203, Seagoing Allowance, is made under section 58b of the Defence Act 1903.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 24 February 1981.
2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 12 and see also Statutory Rules 1981 No. 12.
Overview
The Defence Forces (Salaries) Regulations (Amendment) 1981, Statutory Rules 1981 No. 211, was introduced to update and refine the allowances for members of the Australian Defence Force. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, this legislative instrument aims to ensure that the regulations governing salaries and allowances for Defence Force personnel are current and accurately reflect the conditions and requirements of service. The policy objective behind these amendments is to maintain a fair and equitable remuneration system for Defence Force members, addressing issues such as training allowances, separation allowances, and the integration of new allowances such as the Seagoing Allowance. The amendments made by this instrument are designed to align with broader Defence policy and administrative updates.
Scope and Application
The Statutory Rules 1981 No. 211, specifically the Defence Forces (Salaries) Regulations (Amendment), pertains to the Commonwealth of Australia and applies to members of the defence forces, particularly focusing on salary-related allowances for junior recruits, officer candidates, and members undergoing specific training or apprenticeships. This legislation amends the existing Defence Force (Salaries) Regulations by modifying provisions concerning service, separation, and rental allowances, and it repeals certain provisions regarding hard lying allowance. The amendments are intended to align the allowances with the provisions of Determination 0203, Sea-going Allowance, made under section 58b of the Defence Act 1903. The regulations as amended apply from the date Determination 0203 is made, thereby ensuring that the allowance structures are updated in a coordinated manner. The scope of these amendments is limited to the specified allowances and does not extend to other forms of compensation or benefits not mentioned in the regulations.
Key Provisions
The Defence Forces (Salaries) Regulations 1981 (Amendment) (the "Regulations") make significant amendments to the Defence Force (Salaries) Regulations 1973. Specifically, the Regulations amend Regulation 10 to revise the criteria for a service allowance, Regulation 12 to add a new source of payment for separation allowance, and Regulation 12a to correct a reference in the rental allowance provisions. Additionally, Regulation 13 is repealed and Regulation 20 is amended to incorporate a new reference to the Seagoing Allowance Determination. These changes will take effect from the date the Seagoing Allowance Determination is made under the Defence Act 1903.
The Regulations impose obligations on the Minister of State for Defence to amend the Defence Force (Salaries) Regulations as specified. The Minister must ensure that the changes are made in accordance with the provisions of the Regulations. These amendments involve updating the criteria for certain allowances, adding a new source of payment, correcting references, and repealing an outdated regulation. The Regulations also require the Minister to ensure that the amended provisions are applied from the date the Seagoing Allowance Determination is made.
Failure to comply with the Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The Regulations themselves do not specify any particular offences, penalties, or consequences for non-compliance. However, breaches of the Defence Force (Salaries) Regulations, as amended by these Regulations, may be subject to the general penalties and enforcement provisions set out in the Defence Act 1903 or other relevant legislation. These may include fines, imprisonment, or other civil remedies, depending on the specific circumstances of the breach. It is important for the Minister and relevant Defence Force personnel to ensure strict adherence to the Regulations to avoid any potential legal repercussions.