Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 35, issued under the authority of the Minister for Defence, are amendments to the Military Financial Regulations, stemming from the Defence Amendment Act 1979. This legislative instrument was introduced to address the need for an interim amendment to the regulations during a specified period, ending on 1 January 1982, before the full implementation of a new tri-service determination. Specifically, these rules repeal Regulation 17C, which pertained to the payment in lieu of war service leave for Army members, as it has been superseded by Determination 2606, War Service Leave, issued under section 58B of the Defence Act 1903. The purpose of these Statutory Rules is to ensure a smooth transition and alignment of financial regulations with the new determination, thereby maintaining consistency and accuracy in the military's financial management practices.

Scope and Application

The Military Financial Regulations Amendment (No. 35) Statutory Rules 1982, issued under the authority of the Minister for Defence, pertains to the amendment of the Military Financial Regulations to align with changes in the Defence Act 1903. Specifically, the Act addresses the replacement of Regulation 17C, which previously governed the pay in lieu of war service leave for members of the Army, with a new tri-service Determination 2606, War Service Leave. This replacement ensures uniformity across all branches of the Defence Force, thus broadening its application to include all military personnel in the Army, Navy, and Air Force. The changes made by these Statutory Rules are effective from the date Determination 2606 is made under section 58B of the Defence Act 1903. The regulations apply within the Commonwealth jurisdiction, affecting all military personnel employed by the Australian Defence Force.

Key Provisions

The key operative sections of these Statutory Rules (Statutory Rules 1982 No. 35) concern the repeal of Regulation 17C of the Military Financial Regulations (section 2). This regulation previously dealt with the payment of war service leave to Army members. Instead, the provisions of this regulation have been superseded by a tri-service Determination 2606, War Service Leave, which is made under section 58B of the Defence Act 1903 (section 3). The repeal of Regulation 17C takes effect from the date on which Determination 2606 is made (section 4). These Statutory Rules impose certain obligations on the entities they govern. Specifically, the repeal of Regulation 17C means that the previously established procedures for calculating and paying war service leave to Army members are no longer applicable. Instead, the new tri-service Determination 2606 governs these matters. This change ensures that all members of the Australian Defence Force, regardless of service branch, are treated uniformly with respect to war service leave. The provisions of Determination 2606 must therefore be adhered to by all relevant Defence Force entities in place of the now-repealed Regulation 17C. The Statutory Rules themselves do not explicitly outline any offences, penalties, or consequences for breach. However, failure to comply with the new Determination 2606, War Service Leave, could potentially lead to administrative or legal repercussions, depending on the nature and extent of the non-compliance. Such consequences could include financial penalties, legal action, or other corrective measures deemed necessary by the relevant authorities to ensure adherence to the new regulatory framework. It is important for all parties involved to familiarise themselves with the provisions of Determination 2606 to avoid any inadvertent breaches.