Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 258, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to repeal Regulation 245, which provided for an Overseas Ration Allowance to members of the Australian Army Reserve. This amendment follows the enactment of Determination 3698, which has superseded the existing allowance, in accordance with Section 12 of the Defence Amendment Act 1979. The policy objective of these amendments is to align the financial regulations with the new allowance system, ensuring that the provisions governing the financial support for reservists training overseas are up-to-date and reflective of current policy. This change aims to streamline the administrative process and ensure that members of the Australian Army Reserve receive the necessary support in a timely and efficient manner.

Scope and Application

The Statutory Rules 1983 No. 258, issued under the authority of the Minister for Defence, amend the Military Financial Regulations by repealing Regulation 245, which previously provided for the Overseas Ration Allowance for members of the Australian Army Reserve. This change is made to align with Determination 3698, which has been issued under section 58B of the Defence Act 1903. The Act applies to members of the Australian Army Reserve who incur expenses for service rations while training overseas. The scope of the amendment is national, as it pertains to the Australian Defence Force and its regulations, which are a Commonwealth matter. The amendment is effective from the date Determination 3698 is made, and the new provisions replace the existing regulation without introducing any exclusions, exemptions, or thresholds. This legislative update ensures that the financial support mechanisms for reservists participating in overseas training are consistent with the current Defence Act provisions.

Key Provisions

The primary operative sections of these Statutory Rules (C2004L05332) concern the amendment of existing military financial regulations. Specifically, Section 12 of the Defence Amendment Act 1979 empowers the Minister for Defence to make interim determinations that amend or repeal regulations, as per Section 58B of the Defence Act 1903. These Statutory Rules pertain to the repeal of Regulation 245 of the Military Financial Regulations, which previously provided for an Overseas Ration Allowance to members of the Australian Army Reserve. Regulation 245 is repealed in light of Determination 3698, which has been issued under the Defence Act 1903. This repeal takes effect from the date Determination 3698 was made. The obligations and requirements imposed by these Statutory Rules primarily concern the administration of financial allowances for members of the Australian Army Reserve. Under Regulation 245, members were required to pay for their service rations while training overseas. However, Determination 3698 has now superseded this regulation. The Rules do not detail the specifics of Determination 3698, but they do clarify that Regulation 245 is no longer in effect from the date of the determination. This implies that any financial obligations previously governed by Regulation 245 are now governed by Determination 3698, which must be adhered to by all relevant parties. There are no specific offences, penalties, or consequences mentioned in these Statutory Rules for the breach of the repealed regulation. The focus of the Rules is on the repeal of Regulation 245 and the transition to Determination 3698. Therefore, any breach of the obligations under Determination 3698 would be governed by the terms and penalties outlined within Determination 3698 itself, rather than by these Rules. It is important for parties governed by these regulations to familiarise themselves with the provisions of Determination 3698 to ensure compliance.