EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 58
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Military Financial Regulation 209, which provides for the payment of an attendance allowance to a member of the Army Reserve for his attendance at courts martial, military courts of inquiry, boards or committees, is repealed. The allowance payable under this regulation is no longer required because activities of this kind will in future be treated as rendering Reserve service for which the member will be entitled to pay under the Defence Force (Reserves) (Financial) Regulations.
Overview
The Statutory Rules 1984 No. 58, issued under the authority of the Minister for Defence, amends the Military Financial Regulations as per the provisions of the Defence Amendment Act 1979. This legislative instrument addresses a specific gap in the military financial framework by repealing Military Financial Regulation 209, which previously provided an attendance allowance to Army Reserve members for attending courts martial, military courts of inquiry, boards, or committees. The policy objective is to streamline financial provisions for Reserve service by integrating such activities into the Defence Force (Reserves) (Financial) Regulations, thus ensuring consistent and comprehensive remuneration for Reserve service activities. The regulation amendment reflects a strategic adjustment in how Reserve service is compensated, aligning it with broader financial policies within the Defence Force.
Scope and Application
The Statutory Rules 1984 No. 58, issued under the authority of the Minister for Defence, pertains to amendments of the Military Financial Regulations. This Act applies to members of the Army Reserve who are engaged in specific activities, such as attending courts martial, military courts of inquiry, boards or committees. The scope of the Act encompasses the repeal of Military Financial Regulation 209, which previously provided for the payment of an attendance allowance to these members. The changes are made pursuant to Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations, with such determinations deemed to be Statutory Rules. This legislation affects the financial entitlements of Army Reserve members participating in specified activities, aligning their allowances with the Defence Force (Reserves) (Financial) Regulations for Reserve service. The geographic and jurisdictional reach of this Act is Commonwealth-wide, as it pertains to the federal military structure and regulations. No exclusions, exemptions, or specific thresholds are mentioned in the text. The Act may extend or restrict its application through subordinate instruments, though specific details are not provided in the explanatory statement.
Key Provisions
The Military Financial Regulations 2004 (C2004L05341) primarily deal with the financial aspects of military service, specifically addressing the repeal of certain allowances previously provided under Military Financial Regulation 209 (section 1 of the Statutory Rules). This regulation, which was concerned with the payment of attendance allowances to members of the Army Reserve for their participation in courts martial, military courts of inquiry, boards, or committees, has been repealed. This change is due to the fact that such activities will henceforth be regarded as Reserve service, entitling members to pay under the Defence Force (Reserves) (Financial) Regulations (section 2). The repeal signifies an adjustment in the way Reserve service is compensated, aligning with broader changes in the Defence Force financial regulations.
The obligations and requirements imposed by this amendment on the parties involved are significant. The Minister for Defence, under Section 12 of the Defence Amendment Act 1979, has the authority to make interim determinations that amend or repeal regulations. This particular amendment, therefore, places a responsibility on the Minister to ensure that the changes are correctly implemented and communicated to all relevant parties, including Reserve members who were previously entitled to the attendance allowance. Furthermore, it mandates that these changes be reflected in the Defence Force (Reserves) (Financial) Regulations, ensuring a coherent and updated regulatory framework.
Breach of the provisions outlined in the Statutory Rules could result in various consequences. While specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with the statutory requirements could lead to legal repercussions. Generally, failure to adhere to statutory rules and regulations could result in civil or criminal penalties, depending on the severity and intent behind the breach. Maximum penalties, if applicable, would typically be detailed within the relevant regulations or the Defence Amendment Act 1979 itself. Such penalties serve to enforce compliance and uphold the integrity of the military financial regulations.