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

Overview

The Defence Force (Reserves) (Financial) Regulations 1981 (Amendment) Interim Determination was introduced to address issues regarding the financial allowances for members of the defence force reserves. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, this legislation amends the Defence Force (Reserves) (Financial) Regulations 1976, specifically by removing sub-regulation (2) of regulation 14. The policy objective is to align the regulations with the new Hard Lying Allowance provisions as set out in Determination 0205 under section 58b of the Defence Act 1903, ensuring that the financial support structure for reserve members is consistent and up-to-date. This amendment is intended to provide clarity and improve the administration of financial benefits for reservists.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations 2, as amended by the Statutory Rules 1981 No. 941, apply to members of the Australian Defence Force who are in the reserves, governing their financial entitlements and allowances. These regulations set out the specific financial provisions that apply to reservists, including their allowances, payments, and other financial benefits. The application of these regulations is within the Commonwealth jurisdiction, meaning they apply across Australia and are enforced under federal law. This interim determination, made under section 12 of the Defence Amendment Act 1979, modifies certain financial allowances for reservists by omitting sub-regulation (2) of regulation 14, and it will take effect on the day Determination 0205, Hard Lying Allowance is made under section 58b of the Defence Act 1903. The regulations themselves can be further extended or restricted through subordinate instruments, allowing for adjustments to financial provisions as needed.

Key Provisions

The key provision of the Statutory Rules 1981 No. 941 is the amendment of Regulation 14 of the Defence Force (Reserves) (Financial) Regulations (paragraph 1). Specifically, sub-regulation (2) is omitted, which is likely to have implications for the calculation or criteria of special allowances for reserves. This change is set to take effect once another determination regarding the Hard Lying Allowance is made under section 58b of the Defence Act 1903 (paragraph 2). This regulation ensures that the amendments do not proceed until the specified conditions are met, maintaining a link between different legislative provisions. The obligations imposed by these regulations pertain primarily to the administration and application of financial allowances within the Defence Force Reserves. The changes may impact how special allowances are computed, potentially affecting reservists' entitlements. These regulations ensure that the financial support provided to reservists aligns with broader Defence policies and legislative intents, including any new allowances or modifications in existing financial support structures. Breaches of these regulations or failure to comply with the financial provisions set out could result in administrative or legal consequences. However, the specific offences, penalties, or consequences are not detailed within the text of this statutory rule. The Defence Force (Reserves) (Financial) Regulations and other related acts would need to be consulted to understand fully the potential civil or criminal liabilities for non-compliance. Maximum penalties, if applicable, would also be found in the broader legislative framework rather than in these specific regulations.