Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 442, issued under the authority of the Minister for Defence, amends the Military Financial Regulations in response to the provisions outlined in Section 12 of the Defence Amendment Act 1979. This legislation allows for the Minister to make interim determinations that amend or repeal existing regulations, which are then deemed to be Statutory Rules. Specifically, these rules address the payment of meal allowances to members of the Army by repealing Regulation 244 and making consequential amendments to Regulation 222, as necessitated by the introduction of Determination 0506 under section 58B of the Defence Act 1903. The aim of these amendments is to ensure that the Military Financial Regulations remain consistent with the updated meal allowance provisions set forth in the new determination. The effective date of these changes is aligned with the date on which Determination 0506 is enacted.

Scope and Application

The Military Financial Regulations Amendment (Meal Allowance) Statutory Rules 1984 concern the payment of meal allowance to members of the Australian Army and are issued under the authority of the Minister for Defence pursuant to section 12 of the Defence Amendment Act 1979. These rules apply to members of the Army who are entitled to meal allowances under the Military Financial Regulations. The rules effectively repeal regulation 244 and make consequential amendments to other parts of the regulations, aligning them with Determination 0506, Meal Allowance, made under section 58B of the Defence Act 1903. The reach of these regulations is limited to the Commonwealth, and they apply to all members of the Army as specified in the relevant regulations and determinations. The rules do not explicitly state exclusions, exemptions, or thresholds, but their application will be governed by the criteria outlined in Determination 0506. The regulations become effective from the date Determination 0506 is made, and they are intended to streamline and update the payment of meal allowances within the military financial framework.

Key Provisions

The main operative sections of this Statutory Rules document are concerned with the amendment and repeal of certain regulations under the Military Financial Regulations. Specifically, regulation 107 and 244, which pertain to the payment of meal allowance to members of the Army, are being addressed (regs 2, 3). This amendment is in response to Determination 0506, Meal Allowance, made under section 58B of the Defence Act 1903. The rules also include a consequential amendment to regulation 222, ensuring consistency within the regulatory framework (reg 4). The changes take effect from the date that Determination 0506 is made. The obligations and requirements imposed by these Statutory Rules primarily involve the administrative update of the Military Financial Regulations to reflect the changes in meal allowance provisions as set out in Determination 0506. The relevant authorities must ensure that regulation 244 is repealed and that any superseded divisions or parts of the regulations are also removed accordingly. Additionally, the amendment to regulation 222 must be implemented to maintain coherence within the regulations. These changes necessitate thorough documentation and notification to all affected parties to ensure compliance with the updated regulations. In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not explicitly outline specific penalties for non-compliance with the amendments. However, non-compliance with Defence Act regulations can lead to various civil or criminal consequences depending on the nature and severity of the breach. The Defence Act 1903 provides a framework under which penalties for non-compliance can be determined, which may include fines, imprisonment, or other corrective measures as deemed appropriate by the relevant authorities. The exact penalties would be subject to the specific circumstances of any breach and the provisions of the Defence Act. Overall, these Statutory Rules serve to streamline and update the Military Financial Regulations by repealing outdated provisions and integrating new determinations. They impose clear obligations on regulatory bodies to ensure that all changes are accurately reflected in the regulations and communicated effectively to those who need to comply with them. While the rules themselves do not specify penalties, they are part of a broader legal framework where non-compliance can result in significant consequences.