EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 303
Issued by the authority of the Minister for Veteran's Affairs
Defence Act 1903
Australian Military Amendment Regulations 2005 (No. 2)
Subsection 124(1) of the Defence Act 1903(the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are 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 carrying out or giving effect to the Act. In particular, subregulation 124(1)(o) permits regulations to be made concerning the establishment, management, operation and control of messes.
The Australian Military Regulations 1952 (the Principal Regulations), made under the Act prescribe various matters relating to the administration of the Army. While Part 11 of the Principal Regulations provides for the administration of Army messes by the Chief of Army, it does not permit the Chief of Army to impose mess fees on members of messes. Currently, mess membership is voluntary with mess fees levied by individual messes at a rate determined by the individual mess committees.
The purpose of the Australian Military Amendment Regulations 2005 (No. 2) is to permit the Chief of Army to impose fees on members of a mess or messes (officers, warrant officers and sergeants) for services provided to them following the proposed issuing of a Defence Instruction making mess membership compulsory. While the proposed Regulations permit the Chief of Army to determine the fees to be paid by the mess members, the fees must be reasonably proportionate to the value of the services provided.
Details of the regulations are contained in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
There has been no consultation in the making of this instrument as it relates to the management of and the service of members of the Australian Defence Force.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Attachment
Details of the proposed Australian Military Amendment Regulations 2005 (No. 2)
Regulation 1 identifies these Regulations as the Australian Military Amendment Regulations 2005 (No. 2).
Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 provides that the amendments to the Australian Military Regulations 1927 (the Principal Regulations) are contained in Schedule 1.
Schedule 1 - Amendment
Item 1 amends regulation 782 by inserting subregulations 782(5) and (6) after subregulation 782(4) of the Principal Regulations. Subsection 782(5) would permit the Chief of Army to determine mess fees that are to be paid by officers, warrant officers and sergeants for services provided in a specified mess or all messes. Subregulation 782(6) would provide that the mess fees must be proportionate to the value of the services provided by the mess and all members of messes must pay any mess fee imposed by the Chief of Army.
Overview
The Australian Military Amendment Regulations 2005 (No. 2) were enacted to address a gap in the existing regulations governing the administration of Army messes within the Defence Force. This legislative instrument was introduced under the Defence Act 1903, which allows for regulations to be made for the good governance of the Defence Force. The policy objective of these Regulations is to permit the Chief of Army to impose fees on members of messes for services provided, in anticipation of a Defence Instruction that will make mess membership compulsory. The Regulations aim to ensure that any fees imposed are reasonably proportionate to the value of the services provided by the mess. The Australian Military Amendment Regulations 2005 (No. 2) are a legislative instrument under the Legislative Instruments Act 2003 and do not require consultation as they pertain to the management of Australian Defence Force members. The Regulations will come into effect on the day following their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Australian Military Amendment Regulations 2005 (No. 2) amend the Australian Military Regulations 1952 under the Defence Act 1903 to permit the Chief of Army to impose fees on members of messes for services provided to them. This amendment applies to officers, warrant officers, and sergeants of the Australian Defence Force, and is enacted in response to the proposed making of mess membership compulsory through a Defence Instruction. The scope of the Regulations is limited to the management and administration of messes within the Army, specifically allowing the Chief of Army to determine the fees that must be paid by all mess members, ensuring these fees are proportionate to the value of the services provided. These Regulations do not specify any particular conditions or thresholds that need to be met before exercising the power to impose fees, leaving the determination of fee proportionality to the discretion of the Chief of Army. The Regulations are a legislative instrument under the Legislative Instruments Act 2003 and take effect the day after registration on the Federal Register of Legislative Instruments.
Key Provisions
The Australian Military Amendment Regulations 2005 (No. 2) primarily amend the Australian Military Regulations 1952 by introducing provisions that allow the Chief of Army to set fees for mess membership (Regulation 3). Regulation 782(5) of the Principal Regulations is amended to permit the Chief of Army to determine the fees that officers, warrant officers, and sergeants must pay for services provided by messes. Regulation 782(6) stipulates that the fees must be proportionate to the value of the services provided by the mess, and all members of the mess must pay these fees.
The obligations imposed by these Regulations include the Chief of Army’s authority to set and enforce mess fees for specified members within the Defence Force (Regulation 782(5)). This authority is contingent upon the implementation of a Defence Instruction that makes mess membership compulsory. The fees set by the Chief of Army must be proportionate to the services provided by the mess (Regulation 782(6)). Additionally, all members of the mess are required to pay these fees, making mess membership effectively mandatory for the specified members.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Regulations themselves. However, any failure to comply with the fee structure set by the Chief of Army, as enforced through the Defence Instruction, could potentially lead to disciplinary actions within the Defence Force, as governed by other provisions of the Defence Act 1903 and associated regulations. The Regulations do not specify particular maximum penalties, as enforcement and consequences would typically be addressed within the broader framework of military law and discipline.