Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1969 No. ——-—- is a legislative instrument made under the Defence Act 1903-1966. Enacted by the Governor-General, with the advice of the Federal Executive Council, this regulation aims to amend the Military Financial Regulations, specifically replacing Regulation 273a to establish a new regime for fees and allowances payable to witnesses attending court-martials, courts of inquiry, boards convened under the Australian Military Regulations, or investigations by an investigating officer. The regulation specifies that witnesses, who are not members of the Defence Force, will receive fees and travel expenses determined by the Secretary to the Department or their representative, in accordance with the scale outlined in the Second Schedule to the Public Works Committee Regulations, as in force under the Public Works Committee Act 1969. The overarching policy objective of these amendments is to ensure fair and consistent remuneration for civilian witnesses involved in military proceedings, thereby facilitating their participation and maintaining the integrity of the judicial process within the Defence Force.

Scope and Application

This statutory regulation applies to any person, other than a member of the Defence Force who is actively serving, who attends to give evidence before a court-martial, a court of inquiry, a board convened under regulation 372 of the Australian Military Regulations, or an investigating officer. The scope of the regulation is limited to those who are required to provide testimony in specific military-related proceedings. The regulation outlines the process for the payment of fees and travelling expenses for these witnesses, which must be approved by the Secretary to the Department or their representative in a formation and are to be paid in accordance with the scale prescribed in the Second Schedule to the Public Works Committee Regulations, as in force under the Public Works Committee Act 1969. The regulation's application is limited to the Commonwealth of Australia and pertains to the administration of military justice and related proceedings. There are no stated exclusions, exemptions, or thresholds in the regulation itself, although the amounts paid for fees and travelling expenses are governed by the referenced schedules in other acts. The application of this regulation may be further extended or specified through subordinate instruments, as authorised by the Defence Act 1903-1966.

Key Provisions

The Regulation, under the Defence Act 1903-1966, specifically amends the Military Financial Regulations (section 1). It repeals Regulation 273a and introduces a new regulation (section 2). The key provision of the new regulation, Regulation 273a, pertains to the fees and allowances for witnesses (section 2). This regulation states that any person, other than a member of the Defence Force who is on active service, who attends to give evidence before a court-martial, a court of inquiry, a board convened under regulation 372 of the Australian Military Regulations, or an investigating officer, is entitled to be paid fees and travelling expenses (section 2). The amount of these fees and expenses is to be determined by the Secretary to the Department or his representative in a formation, in accordance with the scale set out in the Second Schedule to the Public Works Committee Regulations as in force under the Public Works Committee Act 1969 (section 2). The Regulation imposes obligations on the Secretary to the Department or their representative to determine the appropriate fees and expenses for witnesses attending such proceedings (section 2). These officials must consider the scale provided in the Second Schedule to the Public Works Committee Regulations and apply it to the specific circumstances of each case (section 2). This ensures that witnesses receive compensation that is both fair and consistent with the standards set by the Public Works Committee Regulations. There are no explicit offences, penalties, or consequences for breach outlined in the Regulation itself (section 2). However, if the Secretary to the Department or their representative fails to properly determine fees and expenses according to the stipulated scale, it could potentially lead to disputes or claims from witnesses. Such disputes would likely be resolved through the administrative or judicial processes available under the relevant Acts, such as the Public Works Committee Act 1969 or other applicable legislation (section 2). The consequences of such failure could include the need for the Department to rectify the error and compensate the witness appropriately.