Military Financial Regulations (Amendment)

Overview

The Statutory Rules 2004 No. 5334, issued under the authority of the Minister for Defence, amends the Military Financial Regulations, originally enacted in 1983, to update and streamline the legislative framework governing financial matters within the Defence sector. This amendment was introduced to address the need for modernising and consolidating existing regulations concerning payments to members of the Regular Army Emergency Reserve, ensuring that they align with current operational requirements and legal standards. The policy objective of this amendment is to enhance the efficiency and clarity of financial provisions within the military, ensuring that the regulations remain relevant and effective in supporting the Reserve's operational needs. The Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, which are subsequently deemed to be Statutory Rules. This legislative mechanism allows for timely updates to the Military Financial Regulations, as evidenced by the repeal of Regulation 185 and its replacement with Determination 0799, made under section 58B of the Defence Act 1903. The effective date of this amendment is aligned with the date of issuance of Determination 0799, ensuring a seamless transition to the new regulatory framework.

Scope and Application

The Military Financial Regulations Amendment (Bounty Payable to Members of the Emergency Reserve) Statutory Rules 2004, issued under the authority of the Minister for Defence, pertain to the amendment and repeal of regulation 185, which previously provided for the payment of a bounty to members of the Regular Army Emergency Reserve. This amendment is made pursuant to section 12 of the Defence Amendment Act 1979, which authorises the Minister to issue interim determinations that amend or repeal regulations. These Statutory Rules effectively repeal regulation 185 and replace it with Determination 0799, which was made under section 58B of the Defence Act 1903. The scope of these rules applies to all members of the Emergency Reserve within the Commonwealth of Australia, and their effect is contingent upon the date Determination 0799 is enacted. The rules do not specify any exclusions, exemptions, or thresholds, and their application is direct without the need for further extension or restriction through subordinate instruments.

Key Provisions

The primary operative sections of this Statutory Rule (C2004L05334) pertain to the repeal of Regulation 185 of the Military Financial Regulations and its replacement with Determination 0799, Bounty Payable to Members of the Emergency Reserve (section 1). This repeal and replacement are made under the authority granted by Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations (section 2). Regulation 185, which provided for the payment of a bounty to members of the Regular Army Emergency Reserve, is thus repealed and its provisions are incorporated into Determination 0799, made under section 58B of the Defence Act 1903 (section 3). The changes come into effect from the date Determination 0799 is made (section 4). The Act imposes several obligations on the parties it governs. Primarily, it requires the Military Financial Regulations to be amended to reflect the changes brought about by Determination 0799. This includes ensuring that all references to Regulation 185 are updated to refer to Determination 0799, and that the new provisions regarding the bounty payable to members of the Emergency Reserve are implemented. Additionally, any administrative processes related to the payment of the bounty must be updated to comply with the terms of Determination 0799. These obligations ensure that the changes in legislation are properly integrated into existing financial and administrative frameworks within the military. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these provisions. However, failure to comply with the requirements of Determination 0799 could potentially lead to administrative or financial irregularities, which might be subject to internal military disciplinary procedures or other corrective actions as deemed appropriate by the Defence Force. The exact nature and severity of such consequences would depend on the specific circumstances and the internal regulations of the military at the time.