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.
Overview
The Military Financial Regulations (Amendment) Statutory Rules 1986, issued under the authority of the Minister for Defence, amend the Military Financial Regulations, which were made under the Defence Act 1903. These regulations were enacted to provide certain financial conditions for members of the Australian Defence Force, including provisions for the suspension, variation or cancellation of allotments. The purpose of these amendments is to make consequential changes to the Regulations following modifications to the Determination 0101, Salary of Permanent Force Members, made by the Defence Force Remuneration Tribunal under section 58H of the Defence Act. This ensures that the financial regulations remain consistent with the updated rates of pay for full-time members of the Defence Force.
The amendments include the removal of a redundant definition, updating references to the modified Determination 0101, and the repeal of Part IV of the Regulations, which had become obsolete following the cessation of effect of regulation 211 in 1985. These changes ensure that the Military Financial Regulations are current and reflect the latest decisions of the Remuneration Tribunal. The Statutory Rule comes into operation on the date of its gazettal, ensuring that the updated financial regulations are promptly implemented.
Scope and Application
The Military Financial Regulations (Amendment) Statutory Rule 2004 amends the Military Financial Regulations to align them with recent changes in the rates of pay for full-time members of the Defence Force, as determined by the Defence Force Remuneration Tribunal. This amendment applies to members of the Australian Defence Force, specifically those in the Army, and involves modifications to the financial conditions governing their remuneration, including the suspension, variation, or cancellation of allotments. The scope of this legislation is confined to the Commonwealth, affecting only members of the Australian Defence Force. The rule omits a redundant definition, updates references to the modified pay rates, and repeals a part of the Regulations that has become obsolete. Notably, the rule does not specify any exclusions or thresholds, and its amendments are direct and specific to the referenced regulations, without broader application to other instruments. The Statutory Rule comes into effect on the date it is gazetted, ensuring that the financial regulations are immediately updated to reflect the current remuneration rates.
Key Provisions
The Military Financial Regulations (Amendment) Statutory Rules 2004 (No. 102) make several key amendments to the Military Financial Regulations, which are themselves made under the Defence Act 1903. These amendments are primarily aimed at updating and streamlining the regulations in light of recent changes to the rates of pay for full-time members of the Defence Force, as determined by the Defence Force Remuneration Tribunal. Regulation 1 of the Statutory Rules omits the redundant definition of "weekend or periodic detention" in regulation 5 of the Regulations, which is no longer applicable. Regulation 2 updates regulation 52(5) to include modifications to Determination 0101, made by the Remuneration Tribunal, which relates to the suspension, variation, or cancellation of allotments. This ensures that the Regulations remain aligned with the current rates of pay for full-time members of the Defence Force. Regulation 3 repeals Part IV of the Regulations, which previously provided financial conditions for members of the Australian Army Reserve, as this section is now redundant.
The Regulations impose several obligations on members of the Defence Force, particularly regarding the management and payment of allotments. Members are required to follow the conditions set out in the Regulations for the suspension, variation, or cancellation of allotments (regulation 52). They must ensure that their allotments are in line with their entitlement to salary, as determined by the Remuneration Tribunal. Additionally, the Regulations require members to comply with any changes made to Determination 0101 by the Remuneration Tribunal, ensuring that their allotments are correctly adjusted to reflect these changes.
Breaching the provisions of the Military Financial Regulations can lead to various consequences, though the Regulations themselves do not explicitly state penalties or offences. However, non-compliance with the financial conditions set out in the Regulations could potentially result in disciplinary action under the Defence Act 1903, or other relevant legislation. The seriousness of the breach would determine the extent of any disciplinary measures, which could include fines, deductions from pay, or other administrative penalties. It is important for members of the Defence Force to adhere to the provisions of the Regulations to avoid any potential consequences.