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.
Overview
The Military Financial Regulations (Amendment) Statutory Rules 1985 were issued under the authority of the Minister for Defence to address the need for updated regulations following the enactment of several new Acts and amendments to existing legislation. This Statutory Rule was necessitated by the introduction of the Defence Force Discipline Act 1982, the Defence Force (Miscellaneous Provisions) Act 1982, and the Defence Force Re-organization Act 1975, which collectively required adjustments to existing financial regulations governing discipline and the forfeiture of salary and allowances for members of the Australian Defence Force. The new legislative framework aimed to streamline disciplinary procedures and the handling of salary forfeitures, aligning them with modern military governance and administrative practices. These amendments and repeals ensured that the Military Financial Regulations remained consistent with the broader changes in Defence legislation, thereby maintaining an effective and up-to-date regulatory environment for the Australian Defence Force.
Scope and Application
The Military Financial Regulations (Amendment) Statutory Rules 1985 No. 119, issued by the authority of the Minister for Defence, addresses consequential amendments to the Military Financial Regulations made under the Defence Act 1903. These regulations primarily concern financial conditions of service, discipline, and the forfeiture of salary and allowances for members of the Australian Army, Navy, and Air Force. The changes reflect the legislative shift from British military laws, such as the Army Act (1881) and its procedures, to Australian statutes with the implementation of the Defence Force Discipline Act 1982 and Defence Force (Miscellaneous Provisions) Act 1982. These acts will discontinue the application of UK laws to Australian Defence Force members and establish a unified disciplinary framework under Australian legislation. The forfeiture of salary and allowances is also revised to align with the updated Defence Force Re-organization Act 1975, which allows for the suspension or forfeiture of salaries and allowances through regulations, reflecting changes from section 119 of the Defence Act 1903. The amendments and repeals take effect from 3 July 1985, ensuring the Regulations are consistent with the new legislative environment and operational requirements of the Australian Defence Force.
Key Provisions
The Military Financial Regulations, as amended by the Statutory Rules 1985 No. 119, govern the financial conditions of service for members of the Army and provide provisions relating to discipline and the forfeiture of salary and allowances. These Regulations are made under the Defence Act 1903 and include specific sections that detail the financial obligations and disciplinary measures applicable to military personnel. For instance, section 54, 55 and 88 of the Defence Act 1903 apply the Army Act (1881) (UK) and the Rules of Procedure to the Australian Army and its members. Additionally, the Defence Force Discipline Act 1982 consolidates the disciplinary law for the Defence Force and establishes the statutory office of Judge Advocate General of the Defence Force.
The Regulations impose several obligations on the parties they govern. Members of the Defence Force are subject to specific financial conditions that dictate their salary and allowances, including the potential for forfeiture in certain circumstances. The Regulations also outline the disciplinary measures that can be enforced, referencing the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which together bring about consequential repeals and amendments of existing Acts. These legislative changes also mark the discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure, replacing them with a more streamlined and consolidated disciplinary framework.
The Regulations establish clear consequences for breaches of the provisions related to discipline and the forfeiture of salary and allowances. The Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982 provide the legal basis for enforcing disciplinary actions, which can include a range of penalties. The forfeiture of salary and allowances, as outlined in section 119 of the Defence Act 1903 and the regulations under that Act, is a significant consequence for members found guilty of disciplinary infractions. The exact penalties and consequences are detailed within the disciplinary framework and may vary depending on the severity of the infraction. The Statutory Rules 1985 No. 119 ensure that these provisions and penalties are implemented effectively from 3 July 1985.