EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 50
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may 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 deals with general rates of salaries payable to soldiers holding the rank of corporal or a lower rank and regulation 13 provides for the payment of good conduct increments.
The Committee of Reference for Defence Force Pay in a report dated 4 November 1981 recommended the restructure of, and increases in, salaries for certain members of the Defence Force. The Committee’s recommendations were approved by the Government on 15 December 1981.
As a consequence, these Statutory Rules repeal regulation 13 and amend regulation 12B by omitting a reference to Part I of Schedule 7 of the Defence Force (Salaries) Regulations and updating references to the Committee’s reports.
The date of effect of the amendment to regulation 12B to omit reference to Part I of Schedule 7 of the Defence Force (Salaries) Regulations is 5 November 1981.
Overview
The Statutory Rules 1982 No. 50, issued under the authority of the Minister for Defence, addresses amendments to the Military Financial Regulations. Enacted in 1982, these rules were introduced to align with the recommendations of the Committee of Reference for Defence Force Pay, which were approved by the government on 15 December 1981. The primary objective of these amendments was to restructure and increase the salaries of certain members of the Defence Force, specifically those holding the rank of corporal or lower, as well as to adjust the payment of good conduct increments. Regulation 12B, which pertains to the general rates of salaries, was amended to update references and remove outdated references to Part I of Schedule 7 of the Defence Force (Salaries) Regulations. These changes were effective from 5 November 1981.
Scope and Application
The Military Financial Regulations Amendment (Interim Determination) Statutory Rules 1982 No. 50, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to implement recommendations regarding the salaries of Defence Force personnel. This Act applies to soldiers holding the rank of corporal or lower, directly impacting their remuneration and good conduct increments. The amendment repeals regulation 13, which previously governed the payment of good conduct increments, and amends regulation 12B by removing references to Part I of Schedule 7 of the Defence Force (Salaries) Regulations, thereby updating the regulatory framework to reflect the approved changes. The jurisdictional reach of this amendment is confined to the Commonwealth, specifically affecting members of the Australian Defence Force. The changes are effective from 5 November 1981, with the amendment to regulation 12B taking effect on that date. These Statutory Rules are deemed to be statutory rules under section 12 of the Defence Amendment Act 1979 and are issued in accordance with the authority granted to the Minister for Defence.
Key Provisions
The key provisions of the Statutory Rules 1982 No. 50 involve amendments to the Military Financial Regulations under the Defence Amendment Act 1979 (section 12). Specifically, the rules repeal regulation 13 and amend regulation 12B concerning the general rates of salaries for soldiers of the rank of corporal or lower, as well as the payment of good conduct increments. Regulation 12B has been amended by removing a reference to Part I of Schedule 7 of the Defence Force (Salaries) Regulations, while the repeal of regulation 13 reflects the restructuring and increases in salaries for certain Defence Force members. These changes were based on the recommendations of the Committee of Reference for Defence Force Pay, approved by the Government on 15 December 1981.
The obligations and requirements imposed by these Statutory Rules are primarily administrative and financial in nature. The amendment to regulation 12B requires the updating of salary references and the removal of outdated references to Part I of Schedule 7 of the Defence Force (Salaries) Regulations, effective from 5 November 1981. The repeal of regulation 13, which dealt with good conduct increments, signifies the implementation of new salary structures for certain Defence Force members, as recommended by the Committee of Reference for Defence Force Pay. These changes necessitate adjustments in payroll systems and financial management practices within the Defence Force.
In terms of potential breaches and consequences, the Statutory Rules themselves do not explicitly outline specific offences or penalties for non-compliance. However, failing to adhere to these amendments could lead to administrative and financial discrepancies within the Defence Force. Non-compliance might result in incorrect salary payments to Defence Force members, which could have legal and financial implications for both the Defence Force and the affected personnel. The severity of these consequences would depend on the extent of non-compliance and the resultant financial impact.
While the Statutory Rules do not specify maximum penalties, breaches of similar regulations typically fall under administrative oversight and corrective measures. The Defence Force would likely address non-compliance through internal audits, reviews, and corrective actions to ensure adherence to the amended regulations. This could include financial audits, payroll adjustments, and disciplinary measures for those responsible for the oversight and implementation of the regulations. The overarching goal is to maintain accurate and fair financial management practices within the Defence Force.