EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 53
Issued by the authority of the Minister for Defence
Military Justice (Interim Measures) Act (No.1) 2009
Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 (No. 1)
Schedule 4, Item 2 of the Military Justice (Interim Measures) Act (No.1) 2009 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
On 16 June 2011, the Governor-General in Council approved the Military Justice (Interim Measures)(Remuneration and Entitlements) Regulations 2011 (the Principal Regulations) which prescribed relevant salary adjustments made by the
Remuneration Review Tribunal, to, among others, certain Defence statutory office holders.
On 20 June 2011 (with effect from 1 July 2011), the Remuneration Review Tribunal further adjusted the salary of statutory office holders, including those Defence positions as outlined in the Principal Regulations.
The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 amends the Principal Regulations to include the adjusted amounts with a retrospective operation. This retrospective operation does not offend ‘Principle B’ of the Senate Standing Committee on Regulations and Ordinances Principles that ‘retrospectivity should not disadvantage any one except the Commonwealth’. The regulation has a beneficial retrospective application to the office holders.
The regulation is expressed to commence on 1 July 2011which is the effective date of the relevant Remuneration Review Tribunal Determination.
The Act does not specify any conditions that need to be met before the power to make the regulation may be exercised.
After consulting the Office of Best Practice Regulation in respect of the need for, and preparation of, a Regulation Impact Statement, it advised that a Regulation Impact Statement was not required (OPBR reference 13496, 31 January 2012), as there were no regulatory impacts on business or the not-for-profit sector made by the regulation.
Only internal Defence consultation was necessary because the amendments did not have any potential implications relating to other government departments or agencies or non-government organisations.
The regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 (No. 1) was enacted to amend the Military Justice (Interim Measures)(Remuneration and Entitlements) Regulations 2011. This legislation was introduced to address the need for salary adjustments for certain Defence statutory office holders, as determined by the Remuneration Review Tribunal. The Act was enacted by the Governor-General in Council, under the authority of the Minister for Defence, and aims to ensure that remuneration and entitlements are kept up-to-date in line with tribunal determinations. The regulation provides for the retrospective adjustment of salaries for affected office holders, without disadvantaging them, and was implemented following consultation with relevant internal Defence authorities. This legislative instrument was prepared in accordance with the Legislative Instruments Act 2003 and does not require a Regulation Impact Statement due to the absence of regulatory impacts on business or the not-for-profit sector.
Scope and Application
The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 applies to the remuneration and entitlements of certain Defence statutory office holders as outlined in the Military Justice (Interim Measures) Act 2009. This legislation allows the Governor-General to make regulations necessary for implementing the Act, specifically concerning salary adjustments made by the Remuneration Review Tribunal. The regulation operates on a Commonwealth level, impacting the remuneration of specific individuals within the Defence sector who are classified as statutory office holders. The regulation does not specify exclusions or exemptions, but rather, it is designed to amend existing regulations to include adjusted salary amounts retrospectively, ensuring that the office holders are not disadvantaged by the changes. The regulation commenced on 1 July 2011, aligning with the effective date of the relevant Remuneration Review Tribunal Determination. No further conditions or external consultations were required beyond internal Defence consultation, as the regulation does not affect other government departments or agencies or non-government organisations.
Key Provisions
The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 (No. 1) amends the Military Justice (Interim Measures)(Remuneration and Entitlements) Regulations 2011 to include salary adjustments made by the Remuneration Review Tribunal on 20 June 2011 for certain Defence statutory office holders, effective from 1 July 2011 (sections 1 and 2). This amendment ensures that these office holders receive the adjusted remuneration amounts retroactively, which does not disadvantage anyone except the Commonwealth (section 3). The regulation is designed to be in line with the Military Justice (Interim Measures) Act (No.1) 2009, which allows the Governor-General to make regulations necessary for carrying out or giving effect to the Act (section 4).
The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 imposes specific obligations on Defence statutory office holders affected by the salary adjustments. These individuals are required to receive the adjusted remuneration amounts retroactively, ensuring that they are compensated appropriately for the period since 1 July 2011 (section 2). The regulation also mandates that the adjustments be applied without any disadvantage to the office holders, reinforcing the principle that the retrospective operation should only benefit them (section 3).
There are no specific offences, penalties, or civil/criminal consequences outlined in the Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulation 2012 for non-compliance with the salary adjustments. However, the regulation's purpose is to ensure that affected Defence statutory office holders receive the correct remuneration, which is necessary for maintaining fairness and equity within the Defence sector (section 3). The regulation's retrospective application is intended to benefit the office holders without causing any adverse effects, thus avoiding the need for punitive measures (section 3).