EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 73
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 108 of the Military Financial Regulations provides for the payment of Vehicle Allowance to a member who is given approval to travel on duty in his own vehicle, in a vehicle that has been lent to him or in a hired vehicle.
These Statutory Rules amend regulation 108 by increasing the rates at which the allowance is payable to accord with similar increases granted to members of the Australian Public Service with effect from 4 December 1981.
These Statutory Rules also amend regulation 163 of the Military Financial Regulations to provide, with effect from the date of gazettal, for the payment of Oversea Rental Allowance to members posted overseas on intermediate term duty.
Overview
The Statutory Rules 1982 No. 73, issued by the authority of the Minister for Defence, amend the Military Financial Regulations under Section 12 of the Defence Amendment Act 1979. This legislation was introduced to address the need to align the rates of allowances paid to military personnel with those of the Australian Public Service, specifically to reflect increases effective from 4 December 1981. The policy objective behind these amendments is to ensure equitable compensation for members of the Defence Force by updating their financial allowances to match those provided to public service employees. The enacting body responsible for these amendments is the Minister for Defence, acting under the authority granted by the Defence Amendment Act 1979.
Scope and Application
The Military Financial Regulations Amendment (Vehicle and Oversea Rental Allowance) Statutory Rules 1982 pertain to members of the Australian Defence Force who are approved to travel on duty in their own vehicle, a lent vehicle, or a hired vehicle. The amendment applies to the payment of Vehicle Allowance and Oversea Rental Allowance, ensuring that the rates are aligned with those granted to members of the Australian Public Service. These rules, issued under the authority of the Minister for Defence pursuant to Section 12 of the Defence Amendment Act 1979, extend across the Commonwealth of Australia and affect all members of the Defence Force who qualify for these allowances. Notably, the changes are effective from specific dates mentioned within the regulations, namely 4 December 1981 for the Vehicle Allowance and the date of gazettal for the Oversea Rental Allowance. The rules do not specify any exclusions or exemptions, implying that all eligible members should receive the updated allowance rates. Any further clarification or extension of these provisions may be made through subordinate instruments issued by the relevant authority.
Key Provisions
The main operative sections of these Statutory Rules are those that amend the Military Financial Regulations. Specifically, Regulation 108 is amended to adjust the rates of Vehicle Allowance payable to Defence Force members who travel on duty in their own, lent, or hired vehicles (Reg. 108). This amendment ensures that the rates of allowance are in line with those granted to members of the Australian Public Service, effective from 4 December 1981. Additionally, Regulation 163 is amended to introduce the payment of Oversea Rental Allowance to Defence Force members posted overseas on intermediate term duty (Reg. 163). These changes reflect an alignment with broader public service allowances and address the needs of Defence personnel on overseas assignments.
The obligations and requirements imposed by these Statutory Rules are primarily directed towards the Defence Force and its members. Under the amended Regulation 108, Defence Force members who are approved to travel on duty using their own vehicle, a lent vehicle, or a hired vehicle will be entitled to an increased Vehicle Allowance. This allowance must be paid in accordance with the revised rates set out in the amended regulation. Similarly, members posted overseas on intermediate term duty will be eligible for an Oversea Rental Allowance as per the amendments to Regulation 163. The Defence Force must ensure that these allowances are calculated and disbursed correctly to the eligible members.
Failure to comply with the provisions of these Statutory Rules could result in legal consequences for the Defence Force and potentially for individual members. While the Statutory Rules do not explicitly outline specific offences or penalties for non-compliance, breaches of these regulations could be subject to general administrative and legal scrutiny. In cases where the Defence Force does not properly implement the increased allowances or fails to make timely payments, it could face challenges in administrative courts or other legal forums. Individual members who are not correctly remunerated could also seek redress through appropriate legal channels, although specific penalties are not detailed in the Statutory Rules themselves.