Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 52, issued by the authority of the Minister for Defence, amends the Military Financial Regulations to address the need for updated provisions regarding allowances for members of the Citizen Military Forces involved in advance or rear parties preparing or closing a camp of continuous training. Enacted under the authority of the Defence Amendment Act 1979, these rules respond to the identified gap in the existing regulation 206, which has been superseded by Determination 0196 made under section 58B of the Defence Act 1903. The policy objective is to ensure that the allowance for such military personnel is appropriately managed and updated to reflect current operational requirements and administrative practices.

Scope and Application

The Military Financial Regulations Amendment (No. 2) Statutory Rules 2004 pertain to the amendment of the Military Financial Regulations, specifically concerning the payment of allowances to members of the Citizen Military Forces who participate in advance or rear parties for the preparation or closure of a camp of continuous training. This Act applies to individuals who are members of the Citizen Military Forces and are involved in such advance or rear parties, encompassing those who perform tasks related to setting up or dismantling training camps. The amendment has a Commonwealth reach, as it involves regulations under the Defence Amendment Act 1979 and the Defence Act 1903, thus impacting federal military operations. The scope of the amendment is confined to the financial allowances and does not extend to other forms of compensation or benefits for military personnel. Notably, this amendment repeals the previous regulation 206 and replaces it with Determination 0196, which is made under the authority of section 58B of the Defence Act 1903. The repeal and replacement are effective from the date Determination 0196 is made, signifying the precise temporal application of this legislative change.

Key Provisions

The key provisions of the Statutory Rules (No. 52) of 1983 under the Defence Amendment Act 1979 (section 12) include the repeal of Regulation 206 of the Military Financial Regulations. Regulation 206 previously allowed for the payment of an allowance to members of the Citizen Military Forces who were part of an advance or rear party involved in preparing or closing a camp of continuous training. Instead, this allowance is now governed by Determination 0196, which was made under section 58B of the Defence Act 1903. This change reflects an update in the regulation concerning allowances for military personnel in specific roles, transitioning the previous regulatory framework to a new determination. The obligations and requirements imposed by these Statutory Rules are primarily directed towards ensuring compliance with the new Determination 0196 for the payment of allowances to relevant military personnel. This includes the necessity for the Department of Defence and other relevant entities to adhere to the terms and conditions specified in Determination 0196 when processing claims or payments for allowances related to advance or rear parties involved in camp preparations or closures. The transition from Regulation 206 to Determination 0196 means that all related administrative procedures, record-keeping, and payment processes must now align with the stipulations of the new determination. In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not explicitly detail specific penalties for non-compliance with the new determination. However, breaches of the Defence Act 1903, under which Determination 0196 was made, could potentially lead to civil or criminal liabilities. The penalties for breaches of the Defence Act can vary significantly depending on the nature and severity of the offence, ranging from fines to imprisonment. For example, under certain sections of the Defence Act, penalties can include fines of up to $12,600 for individuals and $63,000 for corporations, alongside potential imprisonment terms. Therefore, while the Statutory Rules focus on the regulatory transition, compliance with the new determination is crucial to avoid potential legal repercussions under the broader Defence Act framework.