Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 284, issued under the authority of the Minister for Defence, were enacted to address the need for updating and repealing outdated provisions within the Military Financial Regulations. Specifically, these rules were introduced to repeal Regulation 163, which pertained to the payment of Overseas Rental Allowance to Defence Force members serving overseas for more than six months. The repeal was necessitated by the introduction of Determination 3718, Overseas Rental and Utilities Allowance, made under section 58B of the Defence Act 1903. The policy objective behind these Statutory Rules is to ensure that the financial regulations governing the Defence Force remain current and reflective of contemporary requirements, thereby maintaining the efficiency and effectiveness of the Defence Force’s administrative processes. The rules came into effect on the date of making of Determination 3718, ensuring a seamless transition to the new allowance structure.

Scope and Application

The Military Financial Regulations, as amended by these Statutory Rules, apply to members of the Defence Force who are serving overseas for longer than six months. This legislation pertains specifically to the financial arrangements and allowances for these members, ensuring that they are adequately compensated for the additional costs associated with overseas service. The scope of the amendment is geographically targeted at Defence Force members deployed overseas, thereby impacting the financial support system for these personnel. The jurisdiction of these rules is established under Commonwealth legislation, reflecting the national reach and application of the Defence Act 1903. The amendment effectively repeals the previous regulation concerning Overseas Rental Allowance, replacing it with Determination 3718, which includes both rental and utilities allowances. The transition to this new determination marks the end of the application of the repealed regulation from the date of making the new determination.

Key Provisions

The main operative sections of these Statutory Rules are Sections 1 and 2. Section 1 references Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations. Section 2 explicitly repeals regulation 163 of the Military Financial Regulations, which previously governed the payment of Overseas Rental Allowance to Defence Force members serving overseas for longer than six months. This repeal is due to the provisions of regulation 163 being replaced by Determination 3718, Overseas Rental and Utilities Allowance, made under Section 58B of the Defence Act 1903. These Statutory Rules impose specific obligations on the relevant parties, primarily the Minister for Defence, by requiring them to issue the Statutory Rules in accordance with Section 12 of the Defence Amendment Act 1979. The Minister must ensure that regulation 163 is repealed and replaced by Determination 3718. The date of effect for these Statutory Rules is set as the date of making of Determination 3718, thereby ensuring a seamless transition from the old regulation to the new allowance provisions. The Statutory Rules do not explicitly mention any offences, penalties, or consequences for breach. However, non-compliance with the regulations or failure to adhere to the new allowance provisions could potentially lead to legal issues for the Minister or Defence Force members, particularly if it affects the timely and correct payment of allowances. The Defence Act 1903 and related regulations are designed to provide clarity and support to Defence Force members, and any breach could undermine these objectives. While the Statutory Rules themselves do not outline specific penalties, breaches of related Defence regulations can result in various consequences under the Defence Act 1903. For example, penalties for breaches of Defence financial regulations can include fines and, in severe cases, criminal charges. It is essential for all parties involved to understand and comply with the new provisions to avoid any adverse effects. The overarching aim is to ensure that Defence Force members receive appropriate allowances to meet their living standards while serving overseas.