Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE REGULATIONS (AMENDMENT) 1998 NO. 5

Statutory Rules 1998 No. 5

Issued by authority of the Minister for Defence

Defence Act 1903

Defence Force Regulations (Amendment)

Section 124 of the Defence Act 1903 (the Act) provides that the Governor-General may make regulations prescribing all matters which by the Act are required or permitted to be prescribed.

Section 58E of the Act states that the regulations may provide for the delegation by the Minister of his power to make determinations under section 58B of the Act.

Section 58B provides that the Minister may make determinations in relation to specified matters including the remuneration and certain terms and conditions of members of the Defence Force and cadets.

Former Regulation 72A of the Defence Force Regulations provided that the Minister could delegate to a Secretary or Senior Executive Service officer the power under section 58B to make determinations with respect to the matters outlined in section 58B.

Regulation 72A is amended to broaden this power of delegation, so that delegates can include senior members of the Defence Force (not only the APS) and also APS officers above the classification of Senior Officer, Grade C (or the Defence Force equivalent). Consistent with the aims of the Defence Reform Program, the amendment is intended to facilitate efficient and effective personnel administration and allow devolution of responsibility where deemed appropriate.

Regulations 2.1 and 2.3 amend regulation 72A to allow delegation of the determination making power under section 58B of the Act to the Secretary to the administering Department, a Senior Executive Service officer, an APS officer in the administering Department above the classification of Senior Officer, Grade C, a Navy officer of the rank of Captain or above, an Army officer of the rank of Colonel or above, and an Air Force officer of the rank of Group Captain or above.

Regulation 2.2 corrects a typographical error in the former Regulation.

The regulations commence on gazettal.