EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 261
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 96, 97 and 98 of the Military Financial Regulations provide for payment of travelling allowance to a member who makes an authorized journey within Australia whilst on duty, posting or termination of service.
These Statutory Rules amend regulations 96, 97 and 98 to prevent the payment of Travelling Allowance to a member during travel on the termination of his service because, with the making of Determination 0405, Allowance Payable for Travel on Termination of Service, under section 58B of the Defence Act 1903, he becomes entitled to the reimbursement of his travelling costs under that determination.
A consequential amendment to regulation 108 of the Military Financial Regulations is also made.
The date of effect is the date on which Determination 0405 is made.
Overview
The Statutory Rules 1983 No. 261, issued under the authority of the Minister for Defence, were enacted to amend the Military Financial Regulations, specifically addressing the payment of travelling allowances to military personnel. This legislative instrument was introduced to rectify an oversight in the existing framework whereby members of the Defence Force were receiving both a travelling allowance and reimbursement for travel costs upon the termination of their service. The Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, which are subsequently deemed to be Statutory Rules. The primary policy objective of these amendments is to ensure the financial provisions for Defence personnel are clear, non-overlapping, and consistent with the most recent determinations under the Defence Act 1903.
Scope and Application
The Military Financial Regulations Amendment (Travelling Allowance on Termination of Service) Statutory Rules 2004 pertains to members of the Australian Defence Force who are on duty, posting, or experiencing the termination of their service. These regulations specifically address the payment of travelling allowances for authorised journeys within Australia, clarifying that such allowances are not payable to members during travel on the termination of their service. This amendment arises from Determination 0405, which provides for the reimbursement of travelling costs under section 58B of the Defence Act 1903, thereby ensuring that members do not receive duplicate payments. The regulations apply across Australia, covering all members of the Australian Defence Force. The changes made by these Statutory Rules are effective from the date of the issuance of Determination 0405. The application of these regulations is streamlined through the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that are deemed to be Statutory Rules, thus facilitating timely amendments without the need for lengthy legislative processes.
Key Provisions
The key provisions of the Statutory Rules 1983 No. 261 relate to amendments to the Military Financial Regulations (MFR) concerning the payment of travelling allowances to Defence Force members. Specifically, regulation 96 (paragraph 1), regulation 97 (paragraph 2) and regulation 98 (paragraph 3) of the MFR are amended to prevent the payment of travelling allowance to a member during the travel that occurs upon the termination of their service. This amendment is made in light of Determination 0405, which provides for the reimbursement of travel costs for members under section 58B of the Defence Act 1903. The date of effect for these amendments is the date on which Determination 0405 is made.
These amendments impose specific obligations and requirements on the parties governed by the Act. Defence Force members who are travelling during the termination of their service are no longer eligible to receive a travelling allowance under the MFR. Instead, they must rely on the reimbursement of their travel costs as outlined in Determination 0405. This change ensures that Defence Force members receive appropriate compensation for their travel expenses during the termination of their service, without the need for duplicate payments.
The Statutory Rules also include consequential amendments to regulation 108 of the MFR. This regulation is adjusted to reflect the changes made to the travelling allowance provisions and ensure consistency within the overall framework of the MFR.
There are no specific offences, penalties or civil/criminal consequences mentioned for breach of these Statutory Rules. However, Defence Force members who do not comply with the amended provisions may face administrative consequences, such as the denial of their entitlement to reimbursement under Determination 0405. It is essential for all parties involved to adhere to the provisions of the Statutory Rules to ensure proper administration of travel-related allowances and reimbursements.