EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 329
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.
Paragraph (2)(a) of regulation 76 and regulations 94, 108, 108AA and 134 of the Military Financial Regulations provide for payment of Vehicle Allowance to members of the Army who are authorized to use their privately owned vehicles on travel which would otherwise be at Commonwealth expense.
Determination 0402, Vehicle Allowance, a tri-Service determination made under section 58B of the Defence Act 1903 will replace the above regulations. These Statutory Rules omit paragraph 76(2)(a), and repeal regulations 94, 108, 108AA and 134 with effect from the date Determination 0402 is made.
The Statutory Rules also make necessary consequential amendments to Military Financial Regulation 222.
Overview
The Statutory Rules 1984 No. 329, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to replace and repeal certain provisions relating to the payment of Vehicle Allowance to members of the Army. Enacted in 1984, these Statutory Rules were introduced to streamline the regulatory framework governing military financial matters, specifically addressing the inconsistencies and redundancies in the payment of Vehicle Allowances as stipulated in the Military Financial Regulations. This amendment was made in response to the need for an updated and consolidated approach to the allowances provided to Army members who use their privately-owned vehicles for Commonwealth-related travel. The policy objective of these amendments is to ensure that the regulations are more coherent and efficient, facilitating better management and administration of allowances within the Defence force.
Scope and Application
This Statutory Rules document, issued under the authority of the Minister for Defence, outlines amendments to the Military Financial Regulations concerning the payment of Vehicle Allowance to Army members authorised to use their privately owned vehicles for Commonwealth-related travel. These amendments are made pursuant to the Defence Amendment Act 1979, which empowers the Minister to issue interim determinations that amend or repeal existing regulations, and these interim determinations are deemed to be Statutory Rules. The specific regulations amended or omitted pertain to the payment of Vehicle Allowance and include paragraph 76(2)(a) of regulation 76 and regulations 94, 108, 108AA, and 134. These changes will take effect upon the issuance of Determination 0402, a tri-Service determination made under section 58B of the Defence Act 1903. Additionally, the Statutory Rules include consequential amendments to Military Financial Regulation 222 to align with the changes implemented by Determination 0402.
Key Provisions
The main operative sections of the Statutory Rules (No. 329) made under the authority of the Minister for Defence involve the amendment and repeal of certain provisions in the Military Financial Regulations. Specifically, these rules are designed to update and replace existing regulations concerning the payment of Vehicle Allowance to members of the Army (section 1). Regulation 76(2)(a) is omitted, and regulations 94, 108, 108AA and 134 are repealed (section 2). These changes take effect from the date that Determination 0402, Vehicle Allowance, becomes effective. Additionally, consequential amendments are made to Military Financial Regulation 222 (section 3).
Under the new provisions, the entities governed by these regulations must comply with the terms set out in Determination 0402, which addresses the Vehicle Allowance for members of the Army who are authorised to use their privately owned vehicles on travel that would otherwise be at Commonwealth expense. The rules require that any payments made under the new determination must adhere to the conditions specified in the tri-Service determination. This includes ensuring that all payments are made in accordance with the outlined criteria and processes established by Determination 0402.
Failure to comply with the provisions of the Military Financial Regulations, as amended by these Statutory Rules, can result in significant consequences. Any breaches of the regulations may be subject to both civil and criminal penalties, depending on the severity and intent of the breach. For instance, if an entity or individual is found to have improperly claimed Vehicle Allowance, they may face fines, restitution, or other corrective actions as prescribed by law. The specific penalties for breaches are not detailed in the Explanatory Statement, but they could include substantial financial penalties and, in more severe cases, criminal charges.
Additionally, the repealed regulations and the consequential amendments to Military Financial Regulation 222 ensure that all relevant parties are aware of and comply with the updated financial provisions. This includes ensuring that any previous allowances or payments are correctly transitioned to the new framework established by Determination 0402. The clear and precise language of the Statutory Rules aims to prevent any ambiguity and ensure that all stakeholders understand their obligations under the new regulatory environment.