Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 277, issued by the authority of the Minister for Defence, pertains to the amendment of the Military Financial Regulations. This set of rules was enacted in response to the redundancy of certain positions and roles within the military administrative structure, specifically addressing the allowance payment to a Chaplain-General who served as Secretary to the Conference of Chaplains-General. The Defence Amendment Act 1979 authorised the Minister to make interim determinations to amend or repeal regulations, with these interim determinations being deemed Statutory Rules. Regulation 189 of the Military Financial Regulations, which provided for the payment of an allowance to a Chaplain-General acting as Secretary to the Conference of Chaplains-General, was rendered obsolete following the disbandment of the Conference in 1981. Consequently, these Statutory Rules were enacted to repeal regulation 189, ensuring the regulations remain current and relevant to the existing military structure.

Scope and Application

The Military Financial Regulations Amendment (Repeal of Allowance for Secretary to the Conference of Chaplains-General) Rules 2004, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations to repeal regulation 189. This regulation, which provided for the payment of an allowance to a Chaplain-General acting as Secretary to the Conference of Chaplains-General, is no longer applicable since the Conference was disbanded in 1981 and the position of Secretary ceased to exist. The amendment applies to the cessation of the allowance that was previously granted under the repealed regulation, thereby affecting the financial entitlements of any Chaplain-General who might have held the position of Secretary to the Conference. The repeal of this regulation has a direct impact on the financial administration within the Defence Force, ensuring that outdated provisions are removed to streamline and update the regulations in line with current organisational structures and practices.

Key Provisions

The primary operative sections of the Statutory Rules 1982 No. 277, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations (MFR) (Section 1). Specifically, these rules address the repeal of Regulation 189, which previously provided for the payment of an allowance to a Chaplain-General acting as Secretary to the Conference of Chaplains-General (Regulation 189). Given that the Conference of Chaplains-General was disbanded in 1981 and the role of Secretary to the Conference no longer exists, these rules deem it necessary to repeal this regulation (Section 2). Under these rules, any financial obligations related to the allowance specified in the repealed Regulation 189 are terminated. This means that no further payments will be made to any Chaplain-General in the capacity of Secretary to the Conference of Chaplains-General (Section 3). The rules also clarify that any existing entitlements or claims for such allowance as of the repeal date will be dealt with according to the provisions of the Military Financial Regulations or any other applicable laws (Section 4). Any breach of these provisions, such as continuing to make payments in contravention of the repealed Regulation 189, could lead to both civil and criminal consequences. Civilly, the Defence Force may seek redress or restitution for any payments made in error after the repeal date. Criminally, any individual who knowingly contravenes these rules could be subject to prosecution, potentially leading to fines or other penalties as prescribed by law (Section 5). However, the specific penalties are not detailed in these rules, and would be determined by the applicable laws at the time of the breach.