EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 185
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 46 of the Military Financial Regulations provides for payment of Broken Hill Allowance to a member of the Army posted to the Broken Hill locality.
These Statutory Rules amend regulation 46 to provide for payment of a lower rate of the allowance to unaccompanied members posted to that locality.
The date of effect of the amendment is the date of gazettal of the Statutory Rules.
Overview
The Statutory Rules 1982 No. 185, issued under the authority of the Minister for Defence, amends the Military Financial Regulations through the Defence Amendment Act 1979. This legislative instrument addresses a specific gap in the provision of financial support for military personnel stationed in Broken Hill. Regulation 46 of the Military Financial Regulations initially provided for the payment of Broken Hill Allowance to members of the Army posted to the Broken Hill locality. However, the new Statutory Rules adjust the allowance to be paid at a lower rate to unaccompanied members in that locality, thereby offering a more nuanced approach to financial support based on the circumstances of the service members. The policy objective behind this amendment is to ensure that financial provisions appropriately cater to the varying needs of military personnel based on their living arrangements.
Scope and Application
The Statutory Rules 1982 No. 185, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations. This particular amendment targets regulation 46, which governs the payment of the Broken Hill Allowance to members of the Australian Army stationed in the Broken Hill locality. The amendment adjusts the allowance rate for those members who are unaccompanied. This Statutory Rule applies to members of the Australian Army who are posted to the Broken Hill locality and specifically modifies the financial regulations concerning the allowance they are entitled to receive. The rules are applicable within the Commonwealth of Australia, reflecting the federal nature of the military regulations. There are no stated exclusions or exemptions within the text of the amendment, meaning it applies broadly to all eligible members unless otherwise specified by subordinate instruments. The rules extend their application through the issuance of these Statutory Rules, which are deemed to be Statutory Rules under section 12 of the Defence Amendment Act 1979.
Key Provisions
The key provisions of the Statutory Rules 1982 No. 185, made under the authority of the Minister for Defence, involve amendments to the Military Financial Regulations, specifically regulation 46 (paragraph 1). These rules amend the rate at which Broken Hill Allowance is paid to unaccompanied members of the Army posted to the Broken Hill locality (paragraph 2). This amendment reduces the allowance rate for those members who are unaccompanied (paragraph 3).
The obligations and requirements imposed by these rules are primarily directed at the Defence Force and its members. The Defence Force must now implement the amended regulation, ensuring that unaccompanied Army members posted to Broken Hill receive the reduced rate of Broken Hill Allowance as specified in the new rules (paragraph 4). This requirement extends to updating any relevant documentation, systems, and communications to reflect the changes made by the Statutory Rules (paragraph 5).
Breach of these amended regulations could lead to various consequences, although the Statutory Rules themselves do not specify particular offences, penalties, or consequences (paragraph 6). However, failure to comply with the Defence's administrative processes and obligations could result in disciplinary action under the Defence Force Discipline Act 1982 or other relevant laws (paragraph 7). The Defence Force would need to address any non-compliance internally, potentially leading to administrative or disciplinary penalties for affected members (paragraph 8).