EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 102
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulations (“the Regulations”), made under the Defence Act 1903 (“the Act”), prescribe certain financial conditions for members of the Army, including provisions relating to the suspension, variation or cancellation of allotments.
Background
Determination 0101, Salary of Permanent Force Members (“Determination 0101”), made under section 58B of the Act, determines rates of pay for full-time members of the Defence Force. The Defence Force Remuneration Tribunal (“the Remuneration Tribunal”) pursuant to section 58H of the Act, has recently modified Determination 0101 by fixing new rates.
Consequential amendments are required to the Regulations to include references to the modifications of the Determination made by the Remuneration Tribunal.
Amendments to the Military Financial Regulations This Statutory Rule amends the Regulations to:
a. omit a redundant definition in regulation 5;
b. adjust the reference to Determination 0101 in regulation 52; and
c. repeal Part IV.
Regulation 1 of the Statutory Rule amends regulation 5 to omit the definition of “weekend or periodic detention”, a phrase which is no longer used in the Regulations.
Regulation 52 of the Regulations provides for the suspension, variation or cancellation of an allotment by a member who is rendering continuous full-time service. Sub-regulation 52(5) provides, by reference to Determination 0101, that an allotment is not payable in respect of a period for which the member is not entitled to be paid salary.
Regulation 2 of the Statutory Rule amends sub-regulation 52(5) to include, in the reference to Determination 0101, such modifications of that Determination as are determined from time to time by the Remuneration Tribunal under section 58H of the Act.
Part IV of the Regulations formerly provided financial conditions for members of the Australian Army Reserve. It contains regulation 188 which defines certain terms for the purposes of that Part. However, as the only other regulation in Part IV, regulation 211, ceased to have effect on 1 January 1985, regulation 188 served no purpose.
Regulation 3 of the Statutory Rule repeals Part IV of the Military Financial Regulations.
Commencement
The Statutory Rule comes into operation on the date of gazettal.