Military Financial Regulations (Amendment)

Overview

Statutory Rules 1979 No. 309 is an Interim Determination made by the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The primary objective of this legislation was to amend the Military Financial Regulations in response to a gap identified in the financial compensation provided to military personnel. Specifically, this legislative instrument aimed to adjust the good conduct increments for service members, reflecting changes necessary to maintain fair and equitable remuneration within the Defence Force. This Interim Determination applies to service by a member on or after 8 June 1979, ensuring that the updated financial regulations are implemented promptly and effectively across the Defence sector.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies specifically to the alteration of Regulation 13 of the Military Financial Regulations, which pertains to good conduct increments for members of the Australian Defence Force. The amendment to this regulation, which increases the amount of the good conduct increment from $52.00 to $104.00, is applicable to any service undertaken by a member on or after 8 June 1979. The Interim Determination, made by the Minister of State for Defence, thus directly affects the financial benefits available to serving members of the Defence Force. It extends across the Commonwealth, thereby encompassing all members of the Australian Defence Force wherever they are stationed. There are no stated exclusions or exemptions within this Interim Determination, meaning it applies uniformly to all relevant service members. The scope of the application is extended through the subordinate Military Financial Regulations, which govern financial matters for Defence personnel and are subject to amendments as detailed in this Interim Determination.

Key Provisions

The main operative sections of the Interim Determination involve amending Regulation 13 of the Military Financial Regulations, specifically altering the amount of good conduct increments from $52.00 to $104 (sub-regulation 1). This amendment is effective for service rendered by members on or after 8 June 1979 (sub-regulation 2). This change directly impacts the financial benefits awarded to military personnel based on their conduct, providing a higher increment for good conduct. The Interim Determination imposes specific obligations on the parties it governs. It mandates that the amended Military Financial Regulations, as outlined in clause 1, apply to all services performed by members of the military from 8 June 1979 onwards. This ensures that the new increment rates are uniformly applied to all eligible personnel, providing clarity and consistency in the financial rewards system for military service. There are no explicit offences, penalties, or consequences for breaches stated in the Interim Determination. However, by virtue of its legislative nature, failure to comply with the amended regulations could lead to administrative or disciplinary actions under broader military or Defence Force rules. The Interim Determination itself does not specify particular penalties but operates under the overarching framework of military law which may include various forms of redress for non-compliance. The Interim Determination is part of a broader legislative framework and is notified in the Commonwealth of Australia Gazette on 8 January 1980, ensuring its official publication and accessibility to the public. This formal notification process is crucial for transparency and legal certainty, allowing all affected parties to be aware of the changes and their effective date.