EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 183
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 31 of the Military Financial Regulations, which provides for the payment of an Entertainment Allowance to the officer who holds the appointment of Commandant, Royal Military College, has been replaced by Determination 0212, Entertainment Allowance, a determination made under section 58B of the Defence Act 1903. These Statutory Rules repeal regulation 31.
Sub-regulation 234(1) and regulation 235 of the Military Financial Regulations provide for a member to be supplied with clothing (including uniforms) and personal necessaries or to have them replaced at the expense of the Department according to an approved scale. Regulation 270 of the Military Financial Regulations provides for the authorization of a military funeral for certain deceased members and the payment of the expenses of that funeral. The Statutory Rules omit sub-regulation 234(1) and repeal regulations 235 and 270 because such expenses are administrative and authority already exists for meeting this expenditure, provided that funds have been appropriated by the Parliament for that purpose.
Regulation 209 of the Military Financial Regulations provides for the payment of an attendance allowance to a member of the Active Citizen Military Forces for his attendance at courts martial, military courts of inquiry, boards or committees. Reserve Legal Officers who perform duties at courts martial which do not form part of their training commitment receive sessional scales of fees. The fees are paid administratively and Reserve Legal Officers are not entitled to the allowance when they receive such fees. These Statutory Rules amend regulation 209 to exclude Reserve Legal Officers from payment of attendance allowance.
The opportunity has been taken to make a minor text amendment to Part II of the Military Financial Regulations.