EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 364
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 130 of the Military Financial Regulations provides for the payment of an allowance called Disturbance Allowance to a member of the Defence Force who is granted a removal.
The allowance is now provided for in Determination 0505, Disturbance Allowance, made under section 58B of the Defence Act 1903, in respect of removals in Australia; and provision is now being made in Determination 3702, Transfer Allowance, to be made under section 58B of the Defence Act 1903, for payment of an allowance in respect of removals to and from overseas.
These Statutory Rules repeal regulation 130 effective from the date of making of Determination 3702.
Overview
The Statutory Rules 1984 No. 364, issued under the authority of the Minister for Defence, addresses the need to align the Military Financial Regulations with recent amendments concerning allowances for members of the Defence Force. Enacted by the Parliament of Australia, this legislation aims to streamline and modernise the regulatory framework governing financial provisions for Defence personnel, particularly in relation to removals within Australia and overseas. The primary policy objective is to ensure that the payment of allowances such as Disturbance Allowance and Transfer Allowance are accurately reflected in current determinations, thereby maintaining consistency and fairness in the benefits provided to Defence Force members.
These Statutory Rules, issued in 1984, repeal Regulation 130 of the Military Financial Regulations, effective from the date of the making of Determination 3702. This amendment reflects the transition from traditional regulatory provisions to the updated allowances provided under Determinations 0505 and 3702, respectively, under the Defence Act 1903. By repealing the outdated regulation, the legislation ensures that the financial support mechanisms for Defence Force members are both relevant and comprehensive, addressing the evolving needs of the Defence community.
Scope and Application
The Military Financial Regulations Amendment (Disturbance Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertains to members of the Australian Defence Force and specifically addresses the payment of allowances related to removals. This legislation applies to individuals within the Defence Force who undergo relocation as part of their service, whether domestically within Australia or internationally. The scope of the Act is limited to financial allowances provided under the Defence Act 1903, with the existing Disturbance Allowance being replaced by new Determinations 0505 and 3702, which cater to domestic and overseas removals respectively. The amendment signifies a shift from the previous regulation 130, which is repealed upon the issuance of Determination 3702. The changes are implemented to align with the updated provisions for allowances under the Defence Act 1903, ensuring that the financial support mechanisms for relocated Defence Force members are current and applicable to their specific circumstances.
Key Provisions
The primary operative sections of the Statutory Rules 1984 No. 364, issued under the authority of the Minister for Defence, focus on amending the Military Financial Regulations (MFR) to adjust the payment provisions for allowances related to removals within the Defence Force. Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal existing regulations. Regulation 130 of the MFR, which previously provided for the payment of a Disturbance Allowance to Defence Force members granted a removal, is repealed by these rules, effective from the date of making of Determination 3702. This repeal is to align with the new provisions under Determination 0505 and Determination 3702, which detail the allowances for removals within Australia and to/from overseas, respectively.
The obligations imposed by these rules are primarily on the Defence Force members who are granted removals and the Defence administrative bodies responsible for processing these payments. Defence Force members who are eligible for a removal are now entitled to the allowances specified in Determination 0505 for domestic removals and Determination 3702 for international removals. The Defence administrative bodies must ensure that these allowances are correctly calculated and paid to the eligible members, in accordance with the new provisions. This includes maintaining accurate records and providing necessary documentation to support the claims and payments of these allowances.
Breach of the provisions within these Statutory Rules can lead to various consequences, although specific penalties or sanctions are not detailed in the Explanatory Statement. Generally, failure to adhere to the regulations governing financial allowances within the Defence Force could result in administrative penalties or legal actions. For example, Defence Force members who do not receive the allowances they are entitled to may have grounds to lodge a formal complaint or seek redress through internal Defence mechanisms or potentially through the courts. The Defence administrative bodies could also face scrutiny or corrective actions if they fail to correctly implement the new allowance provisions.