EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 333
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 167A of the Military Financial Regulation provides for the payment of an allowance to members of the Army posted overseas for long or intermediate term duty who are authorized to use their privately owned vehicles on travel which would otherwise be at Commonwealth expense.
These Statutory Rules repeal regulation 167A which is being replaced by Determination 3732, Overseas Vehicle Allowance, to be made under section 58B of the Defence Act 1903.
The date of effect is the date of making of Determination 3732.
Overview
The Statutory Rules 1984 No. 333, issued under the authority of the Minister for Defence, represent an amendment to the Military Financial Regulations. Enacted in 1984, this legislation seeks to address the need for updating and streamlining the allowance provisions for Army members posted overseas for extended periods. This amendment is made possible under section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal existing regulations. The policy objective is to ensure that the allowance structure remains current and effectively supports the needs of Defence personnel while they are deployed overseas. The replacement of Regulation 167A with Determination 3732 under section 58B of the Defence Act 1903 aims to achieve these objectives by providing a more relevant and efficient framework for the Overseas Vehicle Allowance.
Scope and Application
The Military Financial Regulations, as amended by these Statutory Rules, apply to members of the Australian Army who are posted overseas for long or intermediate term duty and who are authorised to use their privately owned vehicles for official travel that would otherwise incur Commonwealth expense. This Act pertains specifically to the financial arrangements for such members, including allowances and payments that are intended to offset the costs associated with their overseas duties. The regulations, and consequently the changes introduced by these Statutory Rules, have a national jurisdictional reach, as they pertain to the Defence Force, which operates under Commonwealth authority. These Statutory Rules themselves are made under the authority of the Minister for Defence and serve to repeal the existing regulation 167A, which is being replaced by a new determination, Determination 3732, under section 58B of the Defence Act 1903. The new determination will dictate the specifics of the Overseas Vehicle Allowance going forward. The changes will take effect from the date of making of Determination 3732, which is the point at which the new regulations come into force.
Key Provisions
The Statutory Rules, issued under the authority of the Minister for Defence, involve the amendment of the Military Financial Regulations (MFR) to repeal Regulation 167A. This regulation previously dealt with the payment of an allowance to Army members posted overseas for long or intermediate term duty who were authorised to use their privately owned vehicles for Commonwealth-related travel (Regulation 167A). The repeal of this regulation is necessitated by the introduction of Determination 3732, titled "Overseas Vehicle Allowance," which is to be made under section 58B of the Defence Act 1903. The amendment takes effect from the date when Determination 3732 is made, as per the provisions of section 12 of the Defence Amendment Act 1979.
The amendment imposes specific obligations on the parties governed by the MFR, primarily focusing on the cessation of the allowance payments that were previously stipulated under Regulation 167A. These obligations include the requirement for relevant personnel to adhere to the new provisions set out in Determination 3732, which will likely include new criteria, conditions, and processes for the payment of the Overseas Vehicle Allowance. The entities involved, particularly the Department of Defence and the affected military personnel, must ensure compliance with the new determination by understanding and following the updated guidelines and requirements.
There are no explicit offences or penalties mentioned in the Statutory Rules or the explanatory statement regarding the breach of these provisions. However, the failure to comply with the new determination could result in consequences under the Defence Act 1903 and the Defence Regulations, which might include administrative actions, financial penalties, or other disciplinary measures as deemed appropriate by the Defence Force. The exact penalties would be determined based on the specific breach and the severity of the non-compliance, as outlined in the relevant Defence legislation and regulations.