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of an Entertainment Allowance to the officer who holds the appointment of Commandant, Royal Military College, has been replaced by Determination 0212, Entertainment Allowance, a determination made under section 58B of the Defence Act 1903.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.
Overview
The Statutory Rules 1982 No. 183, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to address administrative and financial management issues within the Defence Force. Enacted by the Australian Parliament, these Statutory Rules aim to streamline and rationalise the regulations concerning allowances, clothing, funeral expenses, and attendance at military courts. The policy objective is to ensure that the Defence Force operates efficiently by removing redundant or superseded regulations and aligning the financial management practices with current administrative capabilities. This amendment responds to the need for an updated regulatory framework that reflects the current operational and financial environment of the Defence Force.
Scope and Application
The Statutory Rules 1982 No. 183, issued by the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations. This amendment specifically repeals Regulation 31, which formerly provided for the payment of an Entertainment Allowance to the officer holding the appointment of Commandant at the Royal Military College. The allowance has been replaced by Determination 0212 under section 58B of the Defence Act 1903, indicating an interim determination that modifies existing regulations. Additionally, the Statutory Rules repeal Regulations 235 and 270, which respectively governed the supply of clothing and personal necessaries to members, and the authorization of military funerals and payment of associated expenses. These repeals occur because such administrative expenses are already covered by existing authority, provided that appropriate funds are appropriated by Parliament. The amendment also modifies Regulation 209 to exclude Reserve Legal Officers from receiving an attendance allowance when they are paid sessional fees for duties performed at courts martial. This amendment ensures that Reserve Legal Officers are not entitled to both the attendance allowance and sessional fees for the same duties.
Key Provisions
The primary operative sections of these Statutory Rules are those that repeal or amend existing regulations under the Military Financial Regulations. Regulation 31, which pertained to the payment of an Entertainment Allowance to the Commandant of the Royal Military College, is repealed and replaced by Determination 0212 under the Defence Act 1903. This change ensures that the allowance is now governed by the newer determination rather than the outdated regulation. Additionally, sub-regulation 234(1) and regulations 235 and 270 are omitted or repealed entirely. Regulation 235 and 270, which dealt with the supply of clothing and personal necessaries, as well as the authorization of military funerals, are removed because the necessary administrative authority for these expenses already exists, provided funds are appropriated by Parliament. Regulation 209, which pertains to the payment of attendance allowances to members of the Active Citizen Military Forces for their attendance at various military courts and committees, is amended to exclude Reserve Legal Officers who are already receiving fees for their duties.
The Act imposes specific obligations and requirements on the parties it governs. For instance, the replacement of Regulation 31 with Determination 0212 mandates that the Entertainment Allowance for the Commandant of the Royal Military College is now governed under the Defence Act 1903. The omission of sub-regulation 234(1) and regulations 235 and 270 implies that the Department of Defence must ensure that funds are appropriately appropriated by Parliament for the expenses related to clothing, personal necessaries, and military funerals. Furthermore, the amendment to Regulation 209 requires that Reserve Legal Officers who are compensated for their services at courts martial are not eligible for the attendance allowance. This ensures clarity and consistency in the application of allowances and fees.
Failure to comply with the provisions of these Statutory Rules can result in various consequences. While the Explanatory Statement does not explicitly detail offences or penalties for non-compliance, breaches of statutory requirements under Australian law can typically result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, if the Department of Defence fails to appropriate necessary funds as required by these rules, it could face legal challenges or administrative penalties. Similarly, if Reserve Legal Officers are erroneously paid attendance allowances despite receiving fees, this could lead to financial discrepancies and potential legal repercussions for both the officers and the Department.
In summary, these Statutory Rules primarily focus on updating and clarifying the provisions of the Military Financial Regulations. By repealing and amending certain regulations, they ensure that the allowances and fees for military personnel are administered in line with current legislative frameworks and financial appropriations. The obligations on the Department of Defence and military personnel are clear: ensure compliance with the new provisions and avoid any administrative or financial inconsistencies.