Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 82

STATUTORY RULES 2000 No. 82

Issued by the Authority of the Minister for Veterans' Affairs

Defence Act 1903

Defence Force Amendment Regulations 2000 (No. 1)

Subsection 124(1) of the Defence Act 1903 (the Act) provides that the Governor-General may make Regulations prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the Defence Force or for the carrying out or giving effect to the Act.

The Defence Force Regulations 1952 (the Principal Regulations) provide for, among other things, such matters as the declaration of defence areas, attachment of members of the Defence Force and conditions and allowances of members. Part 13 of the Principal Regulations provides for the suspension and forfeiture of certain salary and allowances of members. Regulation 68 of the Principal Regulations provides that where a member is detained under service law, he or she forfeits salary (except recruit salary) and any allowances that accrue to the member during the period of detention, other than the allowance provided for under a Defence Determination made pursuant to section 58B of the Act.

This Statutory Rule amends paragraph 68(1)(b) of the Principal Regulations to remove the reference to Defence Determination 0805 and replace it with a reference to Defence Determination 2000/1. This Determination is a consolidation of all Defence Determinations. The allowance previously paid under Determination 0805 continues pursuant to the new Determination.

The Statutory Rule also makes minor amendments consequential on the Public Service Act 1999, by replacing references to public service classifications and employment groups with current terminology.

The Statutory Rule commenced on gazettal.