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

Overview

The Defence Force (Reserves) (Financial) Regulations (Amendment) Statutory Rule 1983 was enacted to address the need for updating and aligning the financial regulations governing the Reserve Forces in the Air Force, Army, and Navy with the title changes recommended by the 1974 Millar Committee Report on the Citizen Military Forces and subsequently enacted by the Statute Law Revision Act 1981. This amendment was made under the authority of the Minister for Defence and pursuant to the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The policy objective is to ensure that the financial regulations accurately reflect the current titles and structures of the Reserve Forces, thereby maintaining clarity and consistency within the legislative framework. The Statutory Rule came into operation on 30 September 1983, the same date as the commencement of the Statute Law Revision Act 1981.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations, as amended by Statutory Rules 1983 No 195, apply to members of the Australian Defence Force Reserves, specifically the Australian Army Reserve, Australian Air Force Reserve, and Active Australian Army Reserve. These regulations govern financial conditions of service and related matters for these reserve forces, reflecting the structural changes implemented by the Statute Law Revision Act 1981. The changes, which were recommended by the 1974 Millar Committee Report on the Citizen Military Forces, include updates to titles and definitions within the regulations to align with the new nomenclature and structures. This Statutory Rule, which incorporates amendments to the Defence Force (Reserves) (Financial) Regulations, was made under the authority of the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The amendments correct definitions and references within the regulations to ensure consistency with the new titles of the reserve forces. The Statutory Rule came into effect on 30 September 1983, the same date that the relevant parts of the Statute Law Revision Act 1981 were proclaimed.

Key Provisions

The Defence Force (Reserves) (Financial) Regulations (Amendment) Statutory Rule (No 195 of 1983) amends the Defence Force (Reserves) (Financial) Regulations, which are fundamental in governing the financial conditions of service for members of the Reserve Forces within the Air Force, Army, and Navy. Regulation 2 of the Statutory Rule modifies the definition of ‘member’ in the Defence Force (Reserves) (Financial) Regulations, ensuring that the term aligns with the new titles established by the Statute Law Revision Act 1981. This amendment is critical as it directly affects the interpretation and application of financial provisions within the regulations. The obligations imposed by this legislation require that all references to the Reserve Forces in the financial regulations are updated to reflect the new titles, such as ‘Australian Army Reserve’, ‘Australian Air Force Reserve’, and ‘Active Australian Army Reserve’. These changes necessitate that both the Defence Force and the affected members adhere to the updated terminology, ensuring consistency and clarity in the administration and communication of financial matters related to reserve service. Additionally, the rule corrects a cross-reference to maintain the integrity and coherence of the legal framework. The Statutory Rule also introduces amendments to regulations 4 and 5, substituting the definition of ‘training year’ with ‘training period’ to align with the new scheme proposed by the Statute Law Revision Act 1981. This change ensures that the scope of financial entitlements and obligations related to reserve service is accurately defined and consistently applied. The removal of the outdated term ‘training year’ and the introduction of ‘training period’ reflect a modernization of the regulatory language to better accommodate the evolving structure of the Reserve Forces. The Statutory Rule, which comes into operation on 30 September 1983, imposes obligations on the Defence Force to ensure compliance with the updated financial regulations. This includes updating internal systems, training personnel, and communicating changes to all relevant parties. Failure to comply with these amendments could result in legal discrepancies and financial mismanagement for both the Defence Force and the reserve members. The penalties for non-compliance, while not explicitly detailed in the Statutory Rule, could include civil or administrative sanctions under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. These consequences underscore the importance of adherence to the revised regulations to maintain the integrity and effectiveness of the financial governance of the Reserve Forces.