Commonwealth Numbered Regulations - Explanatory Statements

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MILITARY JUSTICE (INTERIM MEASURES) (REMUNERATION AND ENTITLEMENTS) AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 151 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 151

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 Regulations 2011 (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 Executive Council approved the Military Justice (Interim Measures)(Remuneration and Entitlements) Regulations 2011 which resolved some discrepancies in the remuneration arrangements of certain statutory office holders following the High Court of Australia decision of Lane v Morrison [2009] HCA 29 and also because of the uncertainty surrounding the validity of these positions' terms and conditions because of the interpretation of certain provisions of the Act. These Regulations applied relevant salary adjustments to these positions. However, the amounts did not reflect the correct percentage salary increase as determined by the Remuneration Review Tribunal.

The Military Justice (Interim Measures)(Remuneration and Entitlements) Amendment Regulations 2011 (No. 1) (the Regulations) include the correct amounts, with a retrospective operation. However, the retrospective operation of the Regulations 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 Regulations have a beneficial retrospective application to the office holders.

The Act does not specify any conditions that need to be met before the power to make the Regulations 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 12430, 11 March 2011), as there were no regulatory impacts on business or the not-for-profit sector made by the Regulations.

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 Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced with effect from 1 October 2009. This is the effective date of Remuneration Review Tribunal Determination 2009/17 which would have applied to the positions but for the Lane v Morrison decision and the operation of the Act.

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