Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 85, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to address gaps in the allowance system for Army chaplains in the Reserve Forces. Enacted in 1983, these rules respond to the need for streamlined and updated regulations governing the financial support for Reserve Forces chaplains, specifically concerning the purchase and maintenance of ecclesiastical equipment and vestments. The amendment is rooted in the Defence Amendment Act 1979, which empowers the Minister to make interim determinations to amend or repeal regulations, thereby ensuring the regulatory framework remains current and efficient. The policy objective is to effectively manage the financial support mechanisms for chaplains, ensuring they have the necessary resources to perform their duties.

Scope and Application

The Military Financial Regulations, as amended by these Statutory Rules, pertain to the administration of financial matters within the Australian Defence Force, with a specific focus on the payment of allowances to Army chaplains in the Reserve Forces. These rules are applicable to all individuals serving as chaplains within the Reserve Forces of the Australian Defence Force, and they govern the allowance provided for the purchase and maintenance of ecclesiastical equipment and vestments necessary for their service. The regulations are issued under the authority of the Minister for Defence and are applicable across the Commonwealth of Australia, reflecting the national scope of the Defence Force. The repeal of regulation 202 and its replacement by Determination 0699, made under the Defence Act 1903, indicates a streamlined process for managing these allowances, ensuring that the regulations remain current and effective. The determination of the date of effect is contingent upon the issuance of Determination 0699, which signifies the point at which the changes to the allowance provisions come into force.

Key Provisions

The main operative sections of the Statutory Rules 1983 No 85 involve the amendment of the Military Financial Regulations (MFR), specifically regulation 202, which pertains to the allowance for Army chaplains in the Reserve Forces for the purchase and maintenance of ecclesiastical equipment and vestments (Reg 202). This regulation has been repealed and replaced by Determination 0699, which was made under section 58B of the Defence Act 1903 (s 12). The changes take effect from the date Determination 0699 was made, which is specified within the determination itself. The Act imposes obligations on relevant parties to adhere to the new provisions outlined in Determination 0699. This includes ensuring that the allowance for Army chaplains in the Reserve Forces is processed according to the new determination rather than the repealed regulation 202. Defence personnel and administrative officers must update their records and procedures to reflect the changes, ensuring that any payments or entitlements under the new allowance are managed correctly. Under the Statutory Rules, any breach of the new provisions could result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, failure to comply with the allowance provisions could lead to financial discrepancies or improper payments, which may be subject to audit and corrective action. While specific penalties are not detailed within the Explanatory Statement, breaches of Defence-related regulations generally could attract disciplinary actions under the Defence Act 1903 or other applicable legislation. These could include fines, imprisonment, or other sanctions as deemed appropriate by the relevant authorities. In summary, the Statutory Rules 1983 No 85 require the repeal of regulation 202 of the Military Financial Regulations and its replacement with Determination 0699. This mandates changes in administrative practices for the allowance for Reserve Forces chaplains. Non-compliance with these provisions could lead to significant civil or criminal repercussions, including potential financial penalties and disciplinary measures.