Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 448, issued under the authority of the Minister for Defence, amend the Military Financial Regulations in response to provisions set out in the Defence Amendment Act 1979. This legislative instrument aims to streamline and consolidate existing regulations governing allowances for Defence personnel, such as shipboard allowance, short term duty allowance, oversea transit allowance, and travelling and meal allowances. By repealing certain regulations and amending others, the rules ensure that the allowances are consistently and efficiently administered in line with the updated provisions established under Determination 3601, which was made under section 583 of the Defence Act 1903. The intent behind these changes is to enhance the regulatory framework governing financial support for Defence personnel, thereby improving operational efficiency and compliance with the overarching Defence Act.

Scope and Application

The Statutory Rules 1984 No. 448, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations. These amendments are enacted to align with interim determinations made under Section 12 of the Defence Amendment Act 1979, which allows the Minister to modify or repeal regulations. Specifically, the rules address regulations 151, 153, 152, and 167, which respectively cover shipboard allowance, short term duty allowance, oversea transit allowance, and travelling and meal allowances. The regulations 151, 152, and 153 are repealed, while regulation 167 is amended to exclude reference to travelling allowance, as these provisions have been consolidated into Determination 3601, Travelling Allowance, made under Section 583 of the Defence Act 1903. The amendments apply to members of the Australian Defence Force and their dependents, affecting their financial entitlements related to allowances. The reach of these statutory rules is within the Commonwealth jurisdiction, as they concern defence and military regulations. The effectiveness of these changes is set from the date of signature of Determination 3601.

Key Provisions

The Military Financial Regulations, as amended by Statutory Rules 1984 No. 448, encompass several key changes to allowances for military personnel. Specifically, regulations 151, 152 and 153 have been repealed, and regulation 167 has been amended. Regulation 151, which pertained to shipboard allowance, has been removed from the regulations. Regulation 152, covering short-term duty allowance, has also been repealed. Similarly, regulation 153, which dealt with oversea transit allowance, has been omitted. Regulation 167 has been altered to exclude any mention of travelling allowance, as these provisions have been consolidated into Determination 3601, travelling Allowance, pursuant to section 583 of the Defence Act 1903. The changes take effect from the date of signature of Determination 3601. Under the revised regulations, the obligations of military personnel and the Defence Force remain largely unchanged in terms of the allowances affected by the repeals and amendments. However, personnel must now refer to Determination 3601 for guidance on travelling allowance, which has been consolidated and is no longer covered under the repealed regulations. The Defence Force is responsible for ensuring that the new Determination 3601 is properly implemented and communicated to all relevant personnel. The Statutory Rules 1984 No. 448 do not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with Defence regulations, including the allowances now governed by Determination 3601, could potentially lead to disciplinary action under the Defence Force Discipline Act 1987. Such action could result in penalties ranging from reprimands and fines to more severe consequences such as reduction in rank or dismissal from service. The precise nature of the penalties would depend on the severity of the breach and the applicable provisions of the Defence Force Discipline Act.