Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 341, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to address issues related to the misuse of travel documents issued at Commonwealth expense. Enacted in 1984, these rules were introduced to address the problem of individuals using Commonwealth-funded travel documents for purposes other than those intended, leading to financial losses for the government. Regulation 93 of the Military Financial Regulations previously held individuals accountable for the costs incurred when such travel documents were misused. However, these rules repeal regulation 93 and replace it with Determination 1504, made under section 58B of the Defence Act 1903, aiming to provide a more streamlined and effective framework for managing charges related to the improper use of travel documents within the defence sector.

Scope and Application

The Military Financial Regulations, as amended by these Statutory Rules, pertain to individuals who receive travel documents, such as tickets, for journeys funded by the Commonwealth. These individuals, which include both civilian and military personnel, are obligated to repay the cost of the travel if the documents are utilised for purposes other than those specified at the time of issuance. The reach of this legislation is specifically within the Commonwealth, impacting those who are issued travel documents by or on behalf of the Commonwealth. It is pertinent to note that this regulation does not apply to situations where the travel is conducted for legitimate purposes as originally intended. Furthermore, the regulation is replaced and supplemented by Determination 1504, which is established under the Defence Act 1903, thereby extending its application and enforcement mechanisms. The commencement of this amendment aligns with the issuance of Determination 1504, marking the point at which the new provisions take effect.

Key Provisions

The key operative sections of these Statutory Rules focus on amending the Military Financial Regulations, specifically by repealing regulation 93 (section 12 of the Defence Amendment Act 1979). This repeal is consequential upon the creation of Determination 1504, which replaces regulation 93 and governs charges for the improper use of travel documents. The new Determination 1504 is made under section 58B of the Defence Act 1903 and it is deemed to be a Statutory Rule by virtue of the authority granted to the Minister for Defence. The repeal and replacement of regulation 93 by Determination 1504 are effective from the day on which Determination 1504 is made. Under these Statutory Rules, the obligations and requirements imposed on the parties or entities governed by the Military Financial Regulations are significantly altered by the repeal of regulation 93 and the introduction of Determination 1504. Previously, under regulation 93, any person issued with a ticket or other travel document for travel at Commonwealth expense was liable to repay the cost of that transport if the ticket or document was used for a purpose other than the one for which it was issued. Now, Determination 1504 specifies the new framework for charges related to the improper use of travel documents. This shift means that the obligations and liabilities under the Military Financial Regulations now align with the provisions of Determination 1504, rather than the now-repealed regulation 93. The Statutory Rules also outline the consequences for breaches of the new Determination 1504. While the Explanatory Statement does not provide detailed information on specific offences or penalties, it is implied that Determination 1504, as a Statutory Rule, carries the full force of law. Therefore, any failure to comply with the requirements set out in Determination 1504 could potentially lead to civil or criminal consequences, including financial penalties or other legal actions as prescribed by the relevant defence legislation. The exact nature and extent of these consequences would be defined within Determination 1504 itself, which is not detailed in the provided Explanatory Statement.