Statutory Rules
1977 No. 140
REGULATION UNDER THE DEFENCE ACT 1903.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.
Dated this nineteenth day of August, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
Amendments of the Military Financial Regulations†
Removal on termination of service.
Regulation 115 of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (1) the words “ on the termination of his service ” and substituting the words “ during the prescribed period ”;
(b) by omitting from sub-regulation (1) the words “ that termination ” and substituting the words “ the termination of his service ”;
(c) by inserting in sub-regulation (1), after the word “ enable ”, the words “ the member and ”;
(d) by omitting paragraph (ab) of sub-regulation (3) and substituting the following paragraph:—
“ (ab) he, being a member other than a member referred to in paragraph (a) or (aa)—
(i) has not previously been removed under this regulation and has rendered in the aggregate not less than 15 years’ service; or
(ii) has rendered in the aggregate not less than 15 years’ service since he was last removed under this regulation;”; and
(e) by omitting sub-regulation (5) and substituting the following sub-regulation:—
* Notified in the Commonwealth of Australia Gazette on 23 August 1977.
† Statutory Rules 1966, No. 35 as amended to date. For previous amendments of the Military Financial Regulations see footnote † to Statutory Rules 1977, No. 3 and see also Statutory Rules 1977, Nos. 3, 13, 36, 90 and 102.
“ (5) In this regulation, ‘ prescribed period ’, in relation to a member, means the period of 6 months after the date of termination of the member’s service or, where, because of his circumstances, the member cannot reasonably be removed under this regulation within that period, the period of 6 months after the first date after the termination of the member’s service on which he could reasonably be so removed.”.
Overview
The Statutory Rules 1977 No. 140, made under the Defence Act 1903, aims to amend the Military Financial Regulations to address certain administrative inefficiencies in the removal of military personnel following their service termination. Enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations adjust the criteria and timing for the removal of military members from service, specifying a prescribed period post-termination for removal, contingent upon service length and prior removals. The policy objective appears to be ensuring a streamlined and fair process for the removal of military members while accommodating individual circumstances that may delay the removal process.
Scope and Application
The Statutory Rules 1977 No. 140, made under the Defence Act 1903, pertains to the amendment of the Military Financial Regulations, specifically targeting the removal of military personnel upon termination of their service. This regulation applies to members of the Defence Force, with particular emphasis on those who have rendered a cumulative service period of at least 15 years. The regulation modifies the conditions under which a member can be removed from service, altering the time frames and criteria for removal. It specifies that removal can occur during a prescribed period, which is defined as six months post-termination of service, or an extended period if circumstances prevent an immediate removal. This regulation extends across the Commonwealth of Australia, impacting military personnel nationwide. Exclusions or exemptions are not explicitly stated within the text of the regulation itself, but the application of the regulation is confined to members who meet the specified service criteria.
Key Provisions
The main operative sections of this regulation (Regulation 115) pertain to the Military Financial Regulations, which have been amended to modify the conditions under which military personnel can be removed following the termination of their service. Specifically, sub-regulation (1) now specifies that removal occurs "during the prescribed period," rather than "on the termination of his service." Additionally, the definition of "prescribed period" in sub-regulation (5) has been updated to mean either six months after the termination of service or, if removal cannot reasonably occur within that timeframe, six months after the first date on which removal could reasonably be carried out. Furthermore, sub-regulation (3) has been amended to include a condition that a member must have rendered at least 15 years of service to be eligible for removal.
The obligations imposed by these amendments are primarily on military members and the Defence Force. Military members must ensure they meet the new criteria for removal, particularly the 15-year service requirement. Defence Force authorities must also adhere to the updated timelines and conditions specified in the regulation for the removal process, ensuring that it is carried out within the prescribed period. The Defence Force is also tasked with determining whether a member can reasonably be removed within the initial six-month period and, if not, must identify the first reasonable date for removal.
Breaches of these provisions could result in both civil and criminal consequences, though specific offences and penalties are not detailed in the text provided. Generally, failure to comply with regulations governing the removal of military personnel could lead to disciplinary actions within the Defence Force, including administrative penalties. If the breach is severe enough, it could potentially lead to criminal charges, although the exact nature and severity of such penalties would depend on the specifics of the breach and any additional laws or regulations that may apply. The regulation does not explicitly state maximum penalties, but such consequences would typically be outlined in related Defence Force policies or other legislative instruments.