EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 456
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.
Regulation 12B of the Military Financial Regulations provides for the allocation of pay levels to classes of soldiers. Regulations 12BA and 12BC of the Military Financial Regulations provide, in certain circumstances, for payment of salary to a member at a rate other than the rate that would otherwise be payable. Regulation 12H of the Military Financial Regulations specifies certain service which may or may not be counted as service in rank for the purposes of salary. Sub-regulations 15(1) and (6) specify the commencement and cessation dates for salary.
These Statutory Rules repeal regulations 12B, 12BA, 12BC and 12H and omit sub-regulations 15(1) and (6) of the Military Financial Regulations as these provisions have been replaced by Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903.
These Statutory Rules also -
(a) omit sub-regulations 15(2) and (3) and repeal regulation 16 of the Military Financial Regulations because administrative instructions on appointment and discharge dates that coincide with the dates specified in this legislation have been promulgated and this legislation is therefore unnecessary; and
(b) make consequential amendments to regulation 8A and sub-regulation 52(5) of the Military Financial Regulations because the Defence Force (Salaries) Regulations dealing with payment of salary have been replaced by Determination 0101, Salary of Permanent Force Members.
The date of effect is 31 December 1984, the date on which Determination 0101, Salary of Permanent Force Members is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 456, issued under the authority of the Minister for Defence, amends the Military Financial Regulations, responding to the need for updated regulatory measures in line with the Defence Amendment Act 1979. This amendment is designed to streamline and modernise the existing framework governing the allocation of pay levels and the payment of salary to military personnel, addressing outdated regulations that are no longer fit for purpose. These changes reflect a policy objective to enhance administrative efficiency and ensure that the financial regulations are aligned with current practices and legal determinations, particularly in light of the introduction of Determination 0101, Salary of Permanent Force Members, which replaces several provisions of the Military Financial Regulations.
These Statutory Rules, effective from 31 December 1984, repeal and omit specific regulations to eliminate redundancy and ensure that the financial management of military personnel is consistent with the new determination. This includes the repeal of regulations concerning pay allocation and the cessation dates for salary, reflecting the legislative intent to harmonise military financial regulations with contemporary administrative practices and legal requirements.
Scope and Application
The Statutory Rules 1984 No. 456, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations as per Section 12 of the Defence Amendment Act 1979. These regulations govern the allocation of pay levels to classes of soldiers, as well as the conditions under which salary payments may vary from the standard rates, and the criteria for counting specific services towards rank for salary purposes. These rules are designed to apply to all members of the Australian Defence Force, ensuring uniformity and fairness in the financial management of military personnel. The amendments and repeals specified in these rules reflect the overarching legislative intent to streamline and modernise the salary determination process for military members. The changes take effect on 31 December 1984, aligning with the implementation of Determination 0101, Salary of Permanent Force Members, which has replaced the previously applicable regulations and sub-regulations.
Key Provisions
The main operative sections of the Statutory Rules 1984 No. 456 pertain to the amendment of the Military Financial Regulations, specifically regulations 12B, 12BA, 12BC, and 12H, as well as sub-regulations 15(1) and (6). These sections are repealed and omitted in accordance with the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations (s. 12). This authority is exercised here to reflect the changes introduced by Determination 0101, Salary of Permanent Force Members, which has replaced these provisions (s. 12(a)-(b)).
The Act imposes obligations on the relevant parties to adhere to the new Determination 0101, Salary of Permanent Force Members, which now governs the allocation of pay levels, payment of salary under specific circumstances, and the counting of service for salary purposes. These changes necessitate that Defence Force members and the relevant administrative bodies comply with the new regulatory framework as set out in Determination 0101. The Act also mandates that sub-regulations 15(2), (3) and regulation 16 are omitted and repealed, as they have become redundant due to the issuance of administrative instructions that address appointment and discharge dates.
Failure to comply with the provisions of the Statutory Rules 1984 No. 456 may lead to civil or criminal consequences, depending on the nature of the breach. However, the specific penalties for non-compliance are not detailed within the Explanatory Statement. It is likely that any penalties would be aligned with those provided under the Defence Act 1903 and the Defence Amendment Act 1979, which could include fines or other sanctions for breaches of military regulations. The exact penalties would need to be referred to within the relevant legislation for clarity.