EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 119
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulations (“the Regulations”), made under the Defence Act 1903, prescribe financial conditions of service for members of the Army, including provisions relating to discipline and the forfeiture of salary and allowances.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline and forfeiture of salary and allowances; fuller details are provided below. As a result of this legislation consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Sections 54, 55 and 88 of the Defence Act 1903 apply the Army Act (1881) (UK) and the Rules of Procedure made under the Army Act to the Australian Army and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, and creates the statutory office of Judge Advocate General of the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure.
(iii) Forfeiture of Salary and Allowances
A related matter is the forfeiture of salary and allowances of members of the Defence Force for which provision is made by section 119 of the Defence Act 1903 and the regulations under that Act, the Naval Defence Act 1910 and the Air Force Act 1923. Section 53 of the Defence Force Re-organization Act 1975 replaced section 119 of the Defence Act 1903 with a new section 119 (subsequently further amended by section 10 of the Defence Acts Amendment Act 1981) which provides that the regulations may make provision for the forfeiture or suspension of the salary
and allowances of members of the Defence Force. Section 53 (and the further amendments) will be brought into operation on 3 July 1985, and new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations from that date.
Amendments of the Military Financial Regulations
This Statutory Rule makes the necessary consequential repeals and amendments to the provisions in the Regulations relating to discipline and the forfeiture of salary and allowances.
Commencement
The repeals and amendments have effect from 3 July 1985.