EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 437
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 250 and 251 of the Military Financial Regulations provide for, respectively, Living Out Away From Home Allowance and Retention of Lodgings Allowance to members of the Defence Force who are separated from their dependants for Service reasons and who cannot be provided with Service accommodation or Service rations or both.
These Statutory Rules repeal these regulations because their provisions have been replaced by Determination 0508, Living Out Away From Home Allowance.
The date of effect is the date on which Determination 0508, Living Out Away From Home Allowance, is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 437, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to address the need for updating and replacing specific provisions related to allowances for Defence Force members. This amendment follows the enactment of the Defence Amendment Act 1979, which grants the Minister the power to make interim determinations that amend or repeal regulations, deemed as Statutory Rules. The policy objective here is to streamline and modernise the financial regulations for Defence Force members by replacing outdated regulations with a new, comprehensive allowance structure. Specifically, Regulations 250 and 251, which pertain to Living Out Away From Home Allowance and Retention of Lodgings Allowance, are repealed as their provisions have been superseded by Determination 0508, Living Out Away From Home Allowance, effective from the date this determination is made under section 58B of the Defence Act 1903.
Scope and Application
The Statutory Rules 1984 No. 437, issued by the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations under the Defence Amendment Act 1979. Specifically, these rules address the repeal of Regulations 250 and 251, which previously provided for Living Out Away From Home Allowance and Retention of Lodgings Allowance to Defence Force members who are separated from their dependants due to service reasons and cannot be accommodated or provided with rations. The repeal of these regulations follows their replacement by Determination 0508, Living Out Away From Home Allowance, as authorised under section 58B of the Defence Act 1903. This change impacts members of the Defence Force who are eligible for these allowances and ensures that the allowance provisions are updated in line with current Defence determinations. The effect of these Statutory Rules commences from the date Determination 0508 is made, as mandated by the Defence Act 1903.
Key Provisions
The key provisions of this Statutory Rule concern the repeal of certain regulations under the Military Financial Regulations. Specifically, Regulations 250 and 251, which pertain to the Living Out Away From Home Allowance and the Retention of Lodgings Allowance for Defence Force members who are separated from their dependants for service reasons and cannot be provided with service accommodation or rations, are being repealed (sections 1 and 2). This repeal takes effect upon the implementation of Determination 0508, Living Out Away From Home Allowance, under section 58B of the Defence Act 1903 (section 3).
The Act imposes clear obligations on the relevant parties, primarily focusing on the transition from the repealed regulations to the new Determination 0508. Defence Force members who were previously eligible for Living Out Away From Home Allowance and Retention of Lodgings Allowance must now adhere to the provisions of Determination 0508. This includes ensuring their entitlements and obligations are correctly aligned with the new allowance structure and any associated guidelines or requirements specified in the determination.
In terms of compliance, the Statutory Rule underscores the importance of adhering to the new Determination 0508, as the repealed regulations no longer apply. Defence personnel and relevant administrative bodies must ensure that all relevant documentation and processes reflect the changes brought about by the repeal and the implementation of Determination 0508. Failure to comply with the new determination could result in discrepancies in allowances and potentially, legal ramifications.
There are no explicit offences, penalties, or civil/criminal consequences detailed in these Statutory Rules for breaches of the repealed regulations or non-compliance with Determination 0508. However, the failure to comply with the Defence Act 1903 or subsequent determinations could lead to broader legal consequences, including disciplinary actions within the Defence Force or other administrative penalties as deemed appropriate by the Defence authorities. The precise nature and extent of such consequences would be determined in accordance with the Defence Force’s internal regulations and disciplinary procedures.