Military Financial Regulations (Amendment)

Overview

Statutory Rules 1973 No. 204 is a regulation made under the Defence Act 1903-1970, which governs the financial aspects of the Australian Defence Force. Enacted in 1973, this regulation was introduced to address specific financial and administrative requirements for members of the Permanent Military Forces during a defined period. The regulation amends the Military Financial Regulations to modify the eligibility criteria for certain financial provisions concerning officers commissioned between 17 December 1971 and 8 February 1973. The policy objective of these amendments is to ensure that financial benefits and administrative procedures accurately reflect the qualifications and ranks of military officers during this interim period. The regulation was made by the Governor-General of Australia, acting on the advice of the Executive Council, and it came into effect on 9 October 1973.

Scope and Application

The Statutory Rules 1973 No. 204 made under the Defence Act 1903-1970 applies specifically to members of the Permanent Military Forces during the period from 17 December 1971 to 8 February 1973, modifying certain regulations in the Military Financial Regulations to address eligibility criteria for financial benefits based on rank and commissioning history. The Regulations adjust the application of regulations 12 and 12f concerning financial entitlements, ensuring that officers who were commissioned after 17 December 1971, and who held a certain rank prior to their commission, are appropriately recognised. The changes aim to clarify and refine the conditions under which financial benefits are granted, ensuring that only those meeting specific rank and commissioning criteria are eligible. This legislation applies on a national level within Australia, impacting all members of the Permanent Military Forces within the specified timeframe. The scope is limited to financial regulations and does not extend to other areas of military conduct or service.

Key Provisions

The Statutory Rules 1973 No. 204, which is a regulation under the Defence Act 1903-1970, modifies certain provisions of the Military Financial Regulations for members of the Permanent Military Forces during the period from 17 December 1971 to 8 February 1973. The main changes pertain to regulations 12 and 12f, which deal with the rank requirements and conditions for officers in the Military Forces. Specifically, the regulations adjust the rank criteria for officers who were commissioned during this period, stipulating that they must have held a rank of Sergeant or higher in the Military Forces, Petty Officer or higher in the Naval Forces, or Sergeant or higher in the Air Force, and must not be graduates of an Officer Cadet School (sub-regulation 4 of regulation 12 and sub-regulation 4 of regulation 12f). Additionally, it modifies the eligibility criteria for officers on the Administrative and Technical Officers List of a Corps, requiring them to have held a specific rank before being commissioned as an officer (sub-regulation 5 of regulation 12f). These changes are intended to ensure that certain financial regulations apply appropriately to officers based on their rank and commissioning date. The obligations imposed by these regulations on the parties governed include adherence to the modified rank requirements for financial entitlements and conditions. Members of the Permanent Military Forces who were commissioned as officers between 17 December 1971 and 8 February 1973 must meet the specified rank criteria to qualify for certain financial benefits or to be included on particular lists. This includes officers who were previously on the Administrative and Technical Officers List, who now must meet the revised rank and educational background criteria. These obligations ensure that the financial regulations are applied consistently and fairly to officers who were commissioned during the specified period, based on their rank and other specified conditions. Breaches of these regulations could result in officers not being eligible for certain financial benefits or being incorrectly included on the Administrative and Technical Officers List. While the regulations themselves do not explicitly outline specific offences or penalties, failure to comply with the Defence Act 1903-1970 or the Military Financial Regulations generally could result in disciplinary actions, loss of financial benefits, or other administrative consequences. The Defence Act 1903-1970 provides a broad framework under which military discipline and legal consequences can be applied for breaches of military regulations, though the specific penalties would depend on the nature and severity of the breach.