Financial (Military) Regulations (Amendment)

Overview

Statutory Rules 1952, No. 31, is a legislative instrument made under the Defence Act 1903-1951 by the Governor-General, acting on advice from the Federal Executive Council. This regulation, which came into effect on 23 April 1952, was enacted to address the need for adjustments to financial provisions concerning military personnel, specifically regarding the deduction of rent for married quarters provided by the Commonwealth. The regulation repeals Regulation 20 of the Financial (Military) Regulations and introduces a new regulation that allows for deductions from a member’s daily rate of pay for the occupancy of married quarters, subject to the Minister’s direction and the concurrence of the Treasurer. This change aims to ensure that the financial arrangements for military members living in Commonwealth-provided married quarters are appropriately managed and updated, reflecting the evolving needs of the Defence Force.

Scope and Application

The Statutory Rules of 1952, No. 31, constitutes a regulation under the Defence Act 1903-1951, which pertains specifically to financial matters concerning military personnel. This regulation applies to military members who occupy married quarters provided by the Commonwealth. The regulation allows for a deduction from their daily rate of pay for the occupancy of these quarters, subject to the direction of the Minister, with the concurrence of the Treasurer. The amendment replaces Regulation 20 of the Financial (Military) Regulations, thus extending the application to all military members residing in Commonwealth-provided married quarters. The geographic scope of this regulation is nationwide, as it applies to all members of the military across Australia, thereby ensuring uniformity in the financial management of military personnel's living arrangements. There are no exclusions or exemptions explicitly stated in the regulation, implying that it applies universally to all relevant military members. The regulation’s application can be further extended or restricted through subordinate instruments, as per the Defence Act 1903-1951.

Key Provisions

The main operative section of this regulation is the amendment of Regulation 20 of the Financial (Military) Regulations (section 20). This amendment concerns the deduction of rent for married quarters provided by the Commonwealth for a military member. Specifically, it states that where married quarters are provided, a deduction from the member's daily rate of pay will be made, the amount being directed by the Minister with the concurrence of the Treasurer (section 20). This regulation effectively replaces the previous Regulation 20, ensuring that the process for deducting rent from a military member's pay is updated and aligned with current administrative practices. The regulation imposes obligations on both the Minister and the Treasurer. The Minister is required to determine the amount of rent to be deducted from a member's daily rate of pay, but this determination must be made with the concurrence of the Treasurer. This ensures a collaborative approach to financial decisions impacting military personnel, reflecting a level of accountability and oversight. The regulation also necessitates that these deductions be made from the member's daily pay, which is a procedural requirement that must be adhered to for all affected members. Failure to comply with this regulation could potentially lead to breaches of contractual obligations between the military member and the Commonwealth. Although specific penalties are not detailed within this particular regulation, breaches of financial regulations can often result in disciplinary actions or financial liabilities for both the member and the Commonwealth. The maximum penalties, however, would depend on the broader context of Defence Act provisions and any subsequent legislative amendments or case law interpretations.