Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 143, issued by the authority of the Minister for Defence, addresses the need to update and streamline the Military Financial Regulations, particularly in relation to the Linguists Bounty. This amendment was enacted to align with the current practices and standards set forth in Determination 0797, which was made under section 58B of the Defence Act 1903. The policy objective is to ensure that the remuneration for linguists within the Regular Army Emergency Reserve remains fair and reflective of the approved proficiency standards in specified foreign languages, thereby maintaining operational effectiveness and efficiency.

Scope and Application

The Military Financial Regulations Amendment (Linguists Bounty) Statutory Rules 2004 govern the amendments to the Military Financial Regulations 1976 concerning the Linguists Bounty for members of the Regular Army Emergency Reserve. These regulations are issued under the authority of the Minister for Defence pursuant to Section 12 of the Defence Act 1979, which allows for interim determinations amending or repealing regulations, with these interim determinations being deemed Statutory Rules. Specifically, the amendment repeals Regulation 183, which previously provided for the Linguists Bounty, and replaces it with Determination 0797 made under Section 58B of the Defence Act 1903. This change is effective from the date Determination 0797 is made. The amendment applies to eligible members of the Regular Army Emergency Reserve who have attained an approved standard of proficiency in specified foreign languages, thus impacting those particular personnel within the Defence Force. The jurisdictional reach of these Statutory Rules is national, aligning with the broader Defence Act 1979, and they do not specify any exclusions, exemptions, or thresholds beyond the criteria of proficiency in the designated languages.

Key Provisions

The primary operative sections of this Statutory Rule (C2004L05329) involve the repeal of Regulation 183 of the Military Financial Regulations, which previously provided for the payment of a Linguists Bounty to members of the Regular Army Emergency Reserve (section 12 of the Defence Act 1979). This repeal takes effect as of the date that Determination 0797, which replaces Regulation 183, is made. The replacement of Regulation 183 is detailed in section 1 of the Statutory Rules and involves the Linguists Bounty being governed by Determination 0797 instead (section 58B of the Defence Act 1903). The Act imposes specific obligations on the entities it governs, particularly concerning the payment of the Linguists Bounty. The Military Financial Regulations, as amended by this Statutory Rule, no longer provide for the Linguists Bounty as they did previously. Instead, the obligations and requirements for the bounty are now governed by Determination 0797. This shift necessitates that the Defence Force adhere to the terms and conditions set out in Determination 0797, ensuring that members who meet the approved standard of proficiency in specified foreign languages are appropriately compensated. Failure to comply with the provisions of Determination 0797, or any subsequent regulations, may lead to civil or criminal consequences. While the Statutory Rules themselves do not explicitly state penalties, the Defence Act 1979 and associated regulations likely contain provisions for breaches. Typically, breaches of military regulations can result in disciplinary action, fines, or other penalties as determined by the relevant authorities. The exact consequences for non-compliance would be further detailed in the Defence Act 1979 or any related statutory instruments.