Military Financial Regulations (Amendment)

Overview

Statutory Rules 1980 No. 159, issued under the Defence Amendment Act 1979, addresses the need to revise certain financial regulations pertaining to military allowances. Enacted by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, the interim determination was made to streamline and update military financial regulations in accordance with the objectives of the Defence Amendment Act 1979. This legislative instrument specifically repeals Regulation 207 of the Military Financial Regulations, which dealt with the allowance for a legal officer, to ensure that the regulations remain current and relevant to the evolving needs of the military financial system.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 applies to the Military Financial Regulations, specifically targeting Regulation 207 which provides an allowance for a legal officer. This legislative instrument is applicable to entities and persons involved in the administration of military financial regulations within the Commonwealth of Australia. The repeal of Regulation 207 effectively removes the allowance for legal officers, thereby impacting the financial provisions for legal services within the military framework. The scope of this determination is confined to the Commonwealth level, with no explicit mention of state or territory-specific exclusions or exemptions. The application of this interim measure remains within the bounds of the Defence Amendment Act 1979 and does not extend beyond the repeal of the specified regulation. It is noteworthy that while this statutory instrument takes immediate effect, its permanence may be subject to further legislative action or amendments.

Key Provisions

The main operative sections of this Interim Determination involve the amendment of the Military Financial Regulations (MFR) as outlined in Statutory Rules 1966 No. 35, as amended. Specifically, Regulation 207 of the MFR is repealed (Paragraph 2). This amendment effectively removes the allowance previously designated for a legal officer within the military financial framework. The Interim Determination was issued under section 12 of the Defence Amendment Act 1979 by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, dated 6 June 1980. This legislative instrument imposes specific obligations on military personnel and the Defence administrative bodies. With the repeal of Regulation 207, any legal officers previously entitled to allowances under this regulation must now adjust their financial entitlements accordingly. The change necessitates compliance with any new regulations that may be introduced to replace or address the allowance previously provided by Regulation 207. The Interim Determination itself does not explicitly detail offences, penalties, or consequences for non-compliance within its text. However, breaches of military financial regulations generally can lead to disciplinary action under military law, and may also involve civil or criminal penalties if the breach pertains to financial misconduct or fraud. The specific consequences would depend on the nature and severity of the breach, as outlined in relevant military law and general criminal law provisions. Given the context, it is important to note that the Interim Determination was notified in the Commonwealth of Australia Gazette on 20 June 1980. This notification ensures that all relevant parties are informed of the legislative change, and it marks the official commencement of the amendment. Further amendments to the MFR are referenced in other statutory rules, such as Statutory Rules 1980 Nos. 30, 33, 45, 46, 47, 56, 57, 130, 156, 157, and 158, indicating a broader series of regulatory updates within the Defence framework.