EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 336
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.
Regulations 98 and 107 of the Military Financial Regulations provide for payment of travelling allowance to members of the Army making an authorized journey and meal allowance to members on duty away from home during a meal period. These Statutory Rules amend regulations 98 and 107 be increasing the rates at which these allowances are payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service. The date of effect is 10 October 1983.
Regulation 12AA of the Military Financial Regulations provides for an amount to be retained from the salary of a Royal Military College cadet as an accumulating credit to be paid to him on his graduation or upon his discharge. These Statutory Rules repeal regulation 12AA as the retention of a portion of salary is no longer considered appropriate.
Overview
The Statutory Rules 1983 No. 336, issued under the authority of the Minister for Defence, represent an amendment to the Military Financial Regulations. Enacted in response to a need for adjustments in allowances for members of the Australian Defence Force, these rules were introduced to align military allowances with those recently increased for the Australian Public Service. By amending regulations 98 and 107, the rules increase the rates of travelling and meal allowances for members of the Army, effective from 10 October 1983. Additionally, these rules repeal regulation 12AA, which previously allowed for the retention of a portion of a Royal Military College cadet's salary, reflecting a policy decision that such retention is no longer appropriate. The enactment of these rules demonstrates the Australian government's commitment to ensuring fair and consistent remuneration across public service sectors.
Scope and Application
The Statutory Rules issued under the authority of the Minister for Defence aim to amend the Military Financial Regulations, specifically addressing the payment of allowances to members of the Australian Defence Force. These regulations apply to individuals who are members of the Army and are engaged in authorized journeys or duty away from home. The adjustments pertain to the travelling allowance and meal allowance, with the changes reflecting those recently implemented for members of the Australian Public Service. The scope of this amendment is national, as it affects members of the Defence Force across Australia. The changes took effect from 10 October 1983, and they are established under the provisions of Section 12 of the Defence Amendment Act 1979, which allows for interim determinations to be made by the Minister. Furthermore, these Statutory Rules also address the retention of salary from Royal Military College cadets by repealing regulation 12AA, as the practice of retaining a portion of their salary is no longer deemed appropriate.
Key Provisions
The main provisions of these Statutory Rules revolve around amendments to the Military Financial Regulations, particularly concerning allowances for members of the Army. Section 12 of the Defence Amendment Act 1979 empowers the Minister to issue interim determinations that can amend or repeal existing regulations. The current Statutory Rules amend regulations 98 and 107, increasing the rates of travelling and meal allowances payable to Army members (s. 12 of the Defence Amendment Act 1979). These increases are aligned with recent adjustments made to allowances for Australian Public Service members, reflecting a consistent approach to remuneration across different sectors of public service. The amendments take effect from 10 October 1983.
These Statutory Rules impose specific obligations on the entities they govern. Firstly, they mandate that the travelling and meal allowances for Army members be increased in line with the changes implemented for the Australian Public Service (regs 98 and 107). The increased rates aim to ensure that Army members receive fair compensation for their expenses while on duty, aligning with broader public service standards. Additionally, the repeal of regulation 12AA signifies a shift in policy regarding salary retention for Royal Military College cadets (reg 12AA). This change reflects a decision that retaining a portion of a cadet's salary is no longer appropriate, likely due to changes in educational or financial policies.
Failure to comply with these Statutory Rules could result in various consequences, although the Explanatory Statement does not detail specific penalties or enforcement mechanisms. However, breaches of regulations typically lead to administrative or financial repercussions. For instance, not adhering to the updated allowance rates could result in Army members not receiving the correct compensation, leading to potential disputes or claims for underpayment. Similarly, the repeal of regulation 12AA would impact cadets' financial entitlements upon graduation or discharge, necessitating adjustments in the processing of their final payments. While the exact penalties are not specified, breaches of military financial regulations can lead to disciplinary actions or legal challenges from affected personnel.