Defence Force (Reserves) (Financial) Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 263, issued under the authority of the Minister for Defence, addresses the need to update and streamline financial regulations pertaining to the Australian Defence Force Reserves. Enacted in 1982, this legislative instrument amends the Defence Force (Reserves) (Financial) Regulations to repeal Regulation 14, which previously dealt with the payment of Separation Allowance to Reserve Force members. This change is necessitated by the introduction of Determination 0202, Separation Allowance, issued under section 58B of the Defence Act 1903. The objective of these Statutory Rules is to ensure that financial provisions for Reserve Force members are consistent with current Defence policies and regulations, reflecting the evolving nature of service obligations and entitlements within the Australian Defence Force.

Scope and Application

The Statutory Rules 1982 No. 263, issued under the authority of the Minister for Defence, address the amendment of the Defence Force (Reserves) (Financial) Regulations. Specifically, these rules are concerned with the repeal of Regulation 14, which pertained to the payment of Separation Allowance to members of the Reserve Forces. This repeal is due to the replacement of Regulation 14 by Determination 0202, Separation Allowance, which was made under section 58B of the Defence Act 1903. The changes apply to individuals who are members of the Reserve Forces, directly affecting their entitlements and financial provisions. These Statutory Rules have a national reach as they are issued under Commonwealth authority, thereby impacting all members of the Reserve Forces across Australia. No specific exclusions or thresholds are mentioned in the text, and the scope is limited to the financial regulations concerning Reserve Force members. The application of these rules is further extended or restricted through subordinate instruments, specifically the aforementioned Determination 0202, which provides the updated framework for Separation Allowance.

Key Provisions

The key operative sections of the Statutory Rules 1982 No. 263 are sections which pertain to the amendment and repeal of specific regulations under the Defence Force (Reserves) (Financial) Regulations. Most notably, section 2 repeals regulation 14 of the Defence Force (Reserves) (Financial) Regulations, which previously dealt with the payment of Separation Allowance to members of the Reserve Forces (section 2(1)). This repeal is effective as of the date of the determination, replacing the old regulation with Determination 0202, Separation Allowance, made under section 58B of the Defence Act 1903 (section 2(2)). The obligations and requirements imposed by these Statutory Rules primarily concern the Defence Force (Reserves) and its financial regulations. The repeal of regulation 14 and its replacement by Determination 0202, Separation Allowance, means that any member of the Reserve Forces who is entitled to Separation Allowance must now refer to the new determination for their entitlements. This change streamlines the process for calculating and paying Separation Allowance, ensuring that it aligns with the updated criteria set out in the new determination. Regarding breaches of these regulations, the Statutory Rules do not explicitly outline specific offences or penalties within their text. However, any non-compliance with the Defence Force (Reserves) (Financial) Regulations, including the repealed regulation 14 and its replacement, Determination 0202, Separation Allowance, could potentially result in disciplinary action under the Defence Force Discipline Act 1987. The penalties for breaches could vary, including fines or imprisonment, depending on the severity and nature of the breach, as well as the specific provisions of the Defence Force Discipline Act 1987. The maximum penalties for breaches under the Defence Force Discipline Act 1987 can include imprisonment for up to five years for more serious offences, such as those involving fraud or serious misconduct. Fines can also be substantial, with the exact amount depending on the severity of the breach. It is important for members of the Reserve Forces and those involved in the administration of these financial regulations to be fully aware of the updated provisions and to comply strictly to avoid potential disciplinary action.