Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 58, issued under the authority of the Minister for Defence, were introduced to amend the Military Financial Regulations in line with the Defence Amendment Act 1979. This legislative action was taken to address the need for updating and replacing outdated regulations with more current determinations that better reflect the current operational and financial requirements of the Reserve Forces. The policy objective behind these Statutory Rules is to ensure that the regulations governing the financial allowances for military personnel, particularly in ceremonial roles, are consistent with contemporary Defence policy and practice. This is achieved by repealing regulation 208, which has been superseded by Determination 0195, Ceremonial Duties Allowance, made under section 58B of the Defence Act 1903. The repeal and replacement are effective from the date Determination 0195 was made, ensuring that the financial support provided to Reserve Forces members during ceremonial duties remains relevant and adequately supported by legislative authority.

Scope and Application

The Statutory Rules 1983 No. 58, issued under the authority of the Minister for Defence, pertains to the amendment of the Military Financial Regulations in accordance with the Defence Amendment Act 1979. Specifically, these rules address the repeal of Regulation 208, which previously governed the payment of an allowance to members of the Reserve Forces engaged in ceremonial duties but not entitled to salary under other Defence regulations. The repeal is necessitated by the issuance of Determination 0195, Ceremonial Duties Allowance, under section 58B of the Defence Act 1903, which now supersedes the existing regulation. The changes outlined in these rules apply to members of the Reserve Forces who perform ceremonial duties, and the repeal becomes effective from the date Determination 0195 is made. The jurisdiction of these rules extends to the Commonwealth, impacting all members of the Reserve Forces who are subject to Defence regulations.

Key Provisions

The Statutory Rules 1983 No. 58, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations (MFR) in response to the Defence Amendment Act 1979. Specifically, Section 12 of this Act empowers the Minister to make interim determinations that amend or repeal existing regulations, and these determinations are deemed to be Statutory Rules (s. 1). Regulation 208, which previously allowed for the payment of an allowance to members of the Reserve Forces when they performed ceremonial duties and were not entitled to salary under the Defence Force (Reserves) (Financial) Regulations, has been repealed as it has been superseded by Determination 0195, which is made under section 58B of the Defence Act 1903 (s. 2). The effective date of these changes is the date on which Determination 0195 was made (s. 3). The obligations imposed by these Statutory Rules on the parties and entities governed include ensuring that the new Determination 0195 is adhered to in place of the repealed Regulation 208. The Defence Force and its members must now follow the new guidelines as specified in Determination 0195 for any allowance pertaining to ceremonial duties. The rules also mandate that the payment of allowances to Reserve Force members for ceremonial duties is to be processed according to the provisions laid out in the new determination, replacing the previously applicable regulation. Breach of these Statutory Rules may result in various consequences depending on the nature and severity of the non-compliance. While the rules themselves do not explicitly outline offences, penalties, or consequences for breach, it is implied that failure to comply with Defence determinations can lead to administrative and possibly disciplinary actions. The Defence Force has a range of disciplinary measures at its disposal for non-compliance with its regulations and determinations. Furthermore, from a legal standpoint, the breach of statutory provisions could potentially lead to civil or criminal liability, depending on the specific circumstances and the extent of the breach. The maximum penalties for such breaches would be determined by the relevant laws applicable at the time of the breach.