EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 152
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.
Regulations 98 and 107 of the Military Financial Regulations provide for payment of travelling allowance to members of the Army making an authorized journey and meal allowance to members on duty away from home during a meal period. These Statutory Rules amend regulations 98 and 107 by increasing the rates at which these allowances are payable. The increases are a flow-on from corresponding increases recently granted to members of the Australian Public Service. The date of effect is 1 May 1984.
Overview
The Statutory Rules 1984 No. 152, issued by the authority of the Minister for Defence, amend the Military Financial Regulations to address the need for updating the rates of travel and meal allowances for members of the Army. Enacted under the authority of the Defence Amendment Act 1979, this legislation aims to align the allowances paid to Army personnel with those recently granted to members of the Australian Public Service. The policy objective is to ensure equitable treatment and maintain the relative value of allowances across different sectors of public service. The amendments to regulations 98 and 107 of the Military Financial Regulations, which increase the rates of allowances, are effective from 1 May 1984.
Scope and Application
The Military Financial Regulations Amendment (Travel Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertain to the modification of allowances for members of the Army as detailed in regulations 98 and 107 of the Military Financial Regulations. This legislation applies to all members of the Australian Army who are authorised to undertake journeys or are on duty away from home during a meal period. The regulations ensure that these personnel receive appropriate compensation in the form of increased travelling and meal allowances, reflecting the recent adjustments made to the allowances for members of the Australian Public Service. These amendments take effect from 1 May 1984, and the changes are designed to align military allowances with those of other public service sectors. The scope of the Act is limited to the financial aspects of military service, specifically targeting the compensation of Army members for authorised travel and meals. The application of this Act is confined to the Commonwealth level, as it pertains to the military, which falls under federal jurisdiction. There are no specific exclusions or exemptions mentioned within the text, implying that the allowances pertain to all eligible members of the Army without discrimination. The Act does not explicitly mention the use of subordinate instruments to extend or restrict its application, suggesting that the primary changes are encapsulated within the Statutory Rules themselves.
Key Provisions
The main operative sections of these Statutory Rules are the amendments to Regulations 98 and 107 of the Military Financial Regulations, as referenced in the Explanatory Statement (regs 98 and 107). Regulation 98 deals with the payment of travelling allowance to Army members on authorised journeys, while Regulation 107 addresses meal allowance for members on duty away from home during meal periods. The purpose of these amendments is to increase the rates at which these allowances are payable, reflecting recent increases granted to members of the Australian Public Service.
The Act imposes specific obligations on the relevant parties, primarily the Minister for Defence, to make interim determinations that amend or repeal regulations as allowed by Section 12 of the Defence Amendment Act 1979 (s 12). These interim determinations are deemed to be Statutory Rules, meaning they carry the same legal force. Furthermore, the Act requires the amendments to take effect from 1 May 1984, ensuring that the updated rates are applied consistently across the relevant allowances.
Failure to comply with the provisions of these Statutory Rules could result in legal consequences for the relevant parties. While the Explanatory Statement does not detail specific offences or penalties, breaches of military regulations can lead to both civil and criminal consequences depending on the nature and severity of the breach. The penalties for breaches of military regulations can vary widely, potentially including fines, imprisonment, or other sanctions, depending on the specific circumstances and the discretion of the courts.
The Statutory Rules establish a clear framework for increasing the rates of travelling and meal allowances for Army members, ensuring they are aligned with recent increases in the Australian Public Service. This alignment helps maintain equity and fairness in the remuneration of Defence personnel. The Rules also provide a clear timeline for implementation, ensuring that the changes are effective from a specific date, which in this case is 1 May 1984. This clarity helps avoid confusion and ensures that all parties are aware of the new rates and their application.