EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 204
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 make various changes to the titles and structures of the Reserve Forces in the Air Force, the Army and the Navy. These changes, which stem from recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, come into operation from the date of proclamation (30 September 1983). Part X amends the Defence Act 1903 (“the Act”) to make the necessary changes in relation to Army Reserve Forces.
Under these amendments, the Citizen Military Forces are renamed as the Australian Army Reserve, the Active Citizen Military Forces as the Active Australian Army Reserve, and the Reserve Citizen Military Forces as the Inactive Australian Army Reserve. The Regular Army Reserve, which is a non-training element of the Permanent Forces, is abolished and its members transferred to the Inactive Australian Army Reserve. In the context of Reserve Forces, ‘Active’ denotes those elements where members have specific training obligations.
References to the Unattached List and the Reserve of Officers are removed from the Act. These relate to internal arrangements of the Active and Inactive Reserve which can be determined by the Chief of the General Staff under section 33 of the Act.
The Military Financial Regulations, made under the Act, prescribe various matters for the purposes of the Act, including provisions relating to the Reserve Forces.
This Statutory Rule makes amendments to the Military Financial Regulations consequential on those made by Part X of the Statute Law Revision Act 1981. The effect of these amendments is set out below.
Regulation 2 of the Statutory Rule amends regulation 5 to define ‘Army Reserve’ as the Australian Army Reserve.
Regulation 3 of the Statutory Rule substitutes in regulation 188 a new definition of ‘member’ for the purposes of those regulations relating to the Australian Army Reserve.
Regulation 4 of the Statutory Rule makes amendments to regulation 193 to substitute revised references to periods of military service and training periods.
Regulation 5 of the Statutory Rule makes the amendments set out in the Schedule to the Statutory Rule, which are title changes corresponding to those made by Part X of the Statute Law Revision Act 1981.
Commencement
The Statutory Rule comes into operation on 30 September 1983, the date from which Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 are proclaimed to commence.
Overview
The Military Financial Regulations (Amendment) Statutory Rules 1983 were enacted to align the financial regulations with structural changes to the Reserve Forces within the Australian Defence Force, as recommended by the 1974 Millar Committee Report on the Citizen Military Forces. The regulations were made under the authority of the Minister for Defence, and they came into effect on 30 September 1983. The policy objective of these amendments was to modernise and streamline the Reserve Forces' structure by renaming the Citizen Military Forces to the Australian Army Reserve, the Active Citizen Military Forces to the Active Australian Army Reserve, and the Reserve Citizen Military Forces to the Inactive Australian Army Reserve, while also abolishing the Regular Army Reserve. These changes aimed to clarify roles and responsibilities within the Reserve Forces and facilitate more effective management and administration.
Scope and Application
The Military Financial Regulations (Amendment) Statutory Rule 1983 pertains to the Defence Act 1903, impacting the structure and nomenclature of the Reserve Forces within the Australian Defence Force. Specifically, the Act applies to individuals and entities within the Australian Army Reserve, including the Active Australian Army Reserve and the Inactive Australian Army Reserve, as well as their administrative and financial arrangements. The amendments arise from the recommendations of the 1974 Millar Committee Report on the Citizen Military Forces and are designed to reflect the restructuring of Reserve Forces as outlined in the Statute Law Revision Act 1983. The changes include renaming the Citizen Military Forces to the Australian Army Reserve and redefining the statuses of Active and Inactive Reserve Forces. These modifications are executed through various regulatory amendments, including the substitution of definitions and references to better align with the new Reserve Force structures. The application of this Act is national in scope, affecting all relevant entities and personnel within Australia. The Statutory Rule, which includes consequential amendments to the Military Financial Regulations, comes into effect on 30 September 1983, the date of proclamation of the Statute Law Revision Act 1983.
Key Provisions
The Military Financial Regulations (Amendment) Statutory Rule 1983 (No. 204) (the "Statutory Rule") introduces several amendments to the Military Financial Regulations, which are made under the Defence Act 1903. These changes are in response to the Statute Law Revision Act 1981, specifically Parts III, X, and XV and section 116, which revise the titles and structures of Reserve Forces in the Air Force, the Army, and the Navy. The changes pertaining to the Army Reserve come into effect from 30 September 1983. Regulation 2 of the Statutory Rule amends regulation 5 to redefine 'Army Reserve' as the Australian Army Reserve, while Regulation 3 updates regulation 188 to incorporate a new definition of 'member' for the purposes of regulations concerning the Australian Army Reserve. Regulation 4 modifies regulation 193 to adjust references to periods of military service and training periods. Regulation 5 further makes title changes corresponding to those in Part X of the Statute Law Revision Act 1981, as detailed in the Schedule to the Statutory Rule.
The obligations and requirements imposed by the Statutory Rule on the parties it governs are primarily concerned with updating terminology and references in the Military Financial Regulations to reflect the changes in the Reserve Forces' structure. This includes ensuring that the new definitions of 'Army Reserve' and'member' are correctly applied in all relevant regulations, and that references to periods of military service and training periods are accurately updated. The Chief of the General Staff retains the authority to determine internal arrangements of the Active and Inactive Reserve under section 33 of the Defence Act 1903, but these arrangements are now subject to the updated terminology and definitions provided by the Statutory Rule.
The Statutory Rule itself does not outline specific offences, penalties, or consequences for breach. However, the Military Financial Regulations, which it amends, do contain provisions that could lead to civil or criminal penalties for breaches of financial regulations or other obligations. The Defence Act 1903 also outlines various offences and penalties related to military service and discipline, which may be applicable in cases of non-compliance with the amended regulations. The exact penalties for breaches of the Military Financial Regulations would depend on the specific provision being violated and the nature of the breach.