EXPLANATORY STATEMENT
STATUTORY RULES 1984. NO. 2
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence 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 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, a vehicle that has been lent to him or in a hired vehicle.
These Statutory Rules amend regulation 108 by increasing with effect from 4 December 1983 the three lower rates at which the allowance is payable and by decreasing with effect from 1 December 1984 the highest rate at which the allowance is payable, to accord with similar adjustments granted to members of the Australian Public Service.
Overview
The Statutory Rules 1984, issued under the authority of the Minister for Defence, amends the Military Financial Regulations through the Defence Act 1979. This amendment was introduced to address discrepancies in the rates of Vehicle Allowance paid to members of the Defence Force compared to those of the Australian Public Service. By aligning the rates of Vehicle Allowance with those of the Australian Public Service, the amendment ensures fairness and consistency in the treatment of Defence Force members in relation to duty travel reimbursements. This amendment aims to reflect the policy objective of maintaining equitable conditions for public service members, thereby ensuring that Defence Force members receive allowances comparable to their counterparts in other sectors of public service.
Scope and Application
The Military Financial Regulations Amendment (Vehicle Allowance Rates) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertain to the payment of Vehicle Allowances to Defence Force members who are authorised to travel on duty using their own vehicle, a loaned vehicle, or a hired vehicle. These Statutory Rules specifically amend regulation 108 of the Military Financial Regulations, adjusting the rates at which such allowances are paid. The amendment is effective from two different dates: the three lower rates are increased from 4 December 1983, while the highest rate is decreased from 1 December 1984. This adjustment aligns the rates with similar changes implemented for members of the Australian Public Service. The application of these rules is confined to the Commonwealth jurisdiction, affecting Defence Force members who qualify for Vehicle Allowance under the specified circumstances. No exclusions, exemptions, or thresholds are noted within the text, and the application is direct without extension or restriction through subordinate instruments.
Key Provisions
The main provisions of these Statutory Rules (C2004L05339) concern amendments to regulation 108 of the Military Financial Regulations, specifically addressing the rates of Vehicle Allowance payable to military members. Regulation 108 (subsection 108(1)) currently provides for the payment of Vehicle Allowance to a member who is approved to travel on duty in their own vehicle, a vehicle lent to them, or a hired vehicle. The changes introduced by these rules adjust the rates of this allowance: increasing three lower rates effective from 4 December 1983, and decreasing the highest rate effective from 1 December 1984. These adjustments align the allowance rates with those granted to members of the Australian Public Service.
The obligations imposed by these Statutory Rules are primarily directed at Defence Force members eligible for Vehicle Allowance. They must adhere to the new rates of allowance as specified in the amended regulation 108. This includes ensuring that any claims for Vehicle Allowance submitted post the effective dates of 4 December 1983 and 1 December 1984 are based on the updated rates. Defence Force administration must also update their internal systems and communications to reflect these changes, ensuring that all relevant personnel are aware of the new allowance rates.
There are no explicit offences, penalties, or consequences for breach specified within these Statutory Rules. However, failure to comply with the new rates or misapplying the allowance could potentially lead to administrative or financial discrepancies. It is important for Defence Force members and administrators to ensure accurate application and documentation of the Vehicle Allowance to avoid any potential issues. Any discrepancies found would likely be subject to internal Defence Force disciplinary or corrective measures, though these are not detailed in the rules themselves.
In summary, these Statutory Rules amend the Military Financial Regulations by adjusting the rates of Vehicle Allowance for Defence Force members, aligning them with those of the Australian Public Service. The obligations primarily concern accurate application and communication of these new rates. While the rules do not specify penalties for breaches, non-compliance could result in administrative issues within the Defence Force.