Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 182, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to repeal Regulation 215 concerning the Overseas Allowance for members of the Australian Army Reserve. Enacted in 1984, these Statutory Rules were introduced to address the need for updating and streamlining the allowances provided to reservists who incur expenses while on overseas training. The original Regulation 215, which provided an allowance to cover meal costs or the use of a vehicle for transport to and from training centres while overseas, has been replaced by Determination 3699 made under section 58B of the Defence Act 1903. The policy objective of these amendments is to ensure that financial support for reservists remains current and adequately reflects the evolving nature of their service commitments.

Scope and Application

The Military Financial Regulations Amendment (Overseas Allowance) Statutory Rules 1984 amend the Military Financial Regulations to repeal the existing regulation 215, which provided for an Overseas Allowance to members of the Australian Army Reserve for meal costs or the use of a vehicle to transport themselves to or from their training centres while on overseas reserve service. This repeal occurs effective from the date when Determination 3699, made under section 58B of the Defence Act 1903, is enacted. This change effectively replaces the previous allowance regulation with the new Determination 3699, which presumably includes updated provisions for the Overseas Allowance. These Statutory Rules apply to members of the Australian Army Reserve who are entitled to or affected by the Overseas Allowance, and they are subject to the overarching authority of the Defence Act 1979, which allows for interim determinations to amend or repeal regulations. The jurisdictional reach of these rules is limited to the Commonwealth of Australia, as they pertain to the regulation of financial allowances for military personnel within Australia's defence framework.

Key Provisions

The primary sections of the Statutory Rules 1984 No. 182 involve the amendment of the Military Financial Regulations through the authority granted by Section 12 of the Defence Act 1979 (1). This legislative amendment replaces Regulation 215, which previously provided an Overseas Allowance for Australian Army Reserve members, with Determination 3699 (2). This change is effective from the date Determination 3699 is enacted. These Statutory Rules impose specific obligations on the Australian Army Reserve members who are affected by the amendment. Primarily, they require these members to adhere to the new provisions set out in Determination 3699, which governs the Overseas Allowance. The obligations include ensuring that any claims for allowances are made in accordance with the new regulatory framework established by the Determination. Additionally, the Australian Army Reserve members must be aware of the updated criteria and conditions under which they can claim such allowances. The Statutory Rules also outline potential consequences for non-compliance with the new regulations. While the Explanatory Statement does not detail specific offences or penalties, it is implied that any breach of the new Determination 3699 could lead to legal repercussions. These could include administrative actions, financial penalties, or other disciplinary measures as deemed appropriate by the relevant authorities. The severity of these consequences would depend on the nature and extent of the breach, but they serve as a deterrent against non-compliance with the updated regulations. In summary, the Statutory Rules 1984 No. 182, under the authority of the Defence Act 1979, replace Regulation 215 with Determination 3699, affecting the Overseas Allowance for Australian Army Reserve members. These changes impose new obligations on the members to comply with the updated allowance provisions, and failure to do so may result in various legal consequences, although specific penalties are not outlined in the Explanatory Statement.