Defence Force (Reserves) (Financial) Regulations (Repeal)

Overview

The Defence Force (Reserves) (Financial) Regulations Repeal (Interim) Determination 1981, made under section 12 of the Defence Amendment Act 1919, addresses the need to repeal specific regulations within the Defence Force (Reserves) (Financial) Regulations. This legislative instrument was enacted to ensure that the regulations remain current and relevant to the financial management of the defence reserves. The Interim Determination was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The repeal of Regulation 13 aligns with broader policy objectives to streamline and modernise the financial regulations governing the Defence Force Reserves. The determination took effect upon the issuance of Determination 0499, Attendance Allowance, which was made under section 58b of the Defence Act 1903. This regulatory change is part of ongoing efforts to refine and update the financial governance framework for Defence Reserves to better meet contemporary needs.

Scope and Application

The Defence Force (Reserves) (Financial) Regulations 1976 (as amended) pertain to the financial administration and entitlements of members of the Australian Defence Force Reserves. These regulations apply to individuals who serve in the Reserve components of the Australian Defence Force, encompassing both full-time and part-time members, as well as any associated civilian employees. The regulations cover a range of financial matters including allowances, payments, and other monetary benefits related to the service in the Reserves. Geographically, the regulations apply across the Commonwealth of Australia and are subject to the overarching legislative framework provided by the Defence Act 1903 and other relevant federal legislation. The scope of the regulations can be extended or modified through subordinate instruments, which may introduce additional provisions or clarifications as needed. Notably, this particular legislative instrument focuses on the repeal of Regulation 13, which likely relates to specific financial provisions for Reserve members, and its application is contingent upon the enactment of Determination 0499 concerning Attendance Allowance under the Defence Act 1903.

Key Provisions

The main operative sections of the Statutory Rules 1981 No. 1141, titled "Defence Force (Reserves) (Financial) Regulations Repeal," consist of two primary provisions. Regulation 1 (subsection 1) specifies the repeal of Regulation 13 of the Defence Force (Reserves) (Financial) Regulations 1976, as amended (subsection 2). Regulation 2 (subsection 2) sets the effective date of this repeal to coincide with the implementation of Determination 0499, Attendance Allowance, under section 58b of the Defence Act 1903. This Interim Determination imposes specific obligations on the relevant parties, namely the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The primary obligation here is to formally repeal Regulation 13 of the Defence Force (Reserves) (Financial) Regulations 1976. This repeal must occur in tandem with the implementation of Determination 0499, Attendance Allowance, under the Defence Act 1903, as specified in Regulation 2. This ensures that the repeal takes effect precisely when the new allowance determination is made, maintaining continuity and coherence in the legislative framework governing Defence Force Reserves. In terms of consequences, the Statutory Rules 1981 No. 1141 does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the formal repeal of Regulation 13 means that any actions or provisions previously governed by that regulation are no longer applicable. This could have implications for entitlements, financial arrangements, or operational protocols previously covered under Regulation 13. Non-compliance with the terms of this Interim Determination could potentially lead to legal challenges or administrative actions, particularly if the repealed regulation was still being enforced inadvertently. The absence of explicit penalties in the text suggests that adherence to the Interim Determination is expected by virtue of its legislative nature. The Interim Determination, as notified in the Commonwealth of Australia Gazette on 29 May 1981, ensures that the repeal of Regulation 13 is communicated officially and transparently. This legislative instrument, made under section 12 of the Defence Amendment Act 1919, underscores the importance of aligning Defence Force regulations with contemporary requirements and policy shifts, particularly concerning financial allowances and benefits for Reserves. The referenced statutory rules and notes provide a historical context and trace the evolution of the relevant regulations, ensuring that stakeholders are well-informed about the legislative changes.