Military Financial Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1984 NO. 452

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE

AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS

Section 12 of the Defence Amendment 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 167 of the Military Financial Regulations provides for the payment of a travelling allowance or a meal allowance in certain circumstances to members of the Defence Force who are serving overseas.

These Statutory Rules repeal regulation 167 as the regulation has been replaced by Determination 3601, Travelling Allowance and Determination 3731, Meal Allowance Overseas, being Determinations made under section 58B of the Defence Act 1903.

The date of effect is the date on which Determination 3731 is made.

Overview

The Statutory Rules 1984 No. 452, issued under the authority of the Minister for Defence, serve to amend the Military Financial Regulations. Enacted in 1984, these rules address the need to update and streamline the financial allowances provided to Defence Force members serving overseas, specifically replacing outdated regulations with more current determinations. This legislative amendment was introduced to ensure that the financial support provided to Defence personnel remains relevant and adequately reflects current circumstances and policy objectives. The objective, as stated, is to replace the existing regulation with the more specific Determinations 3601 and 3731, thereby ensuring that the allowances for travel and meals are clearly defined and effectively administered.

Scope and Application

The Military Financial Regulations Amendment (Abolishing Overseas Meal Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertains to the members of the Defence Force who are serving overseas. The amendment concerns the payment of allowances to these members, specifically repealing regulation 167, which provided for travelling and meal allowances in certain circumstances. This repeal arises from the replacement of regulation 167 by Determination 3601, Travelling Allowance, and Determination 3731, Meal Allowance Overseas, both made under section 58B of the Defence Act 1903. The amendment applies nationally, impacting the financial entitlements of Defence Force members serving overseas across Australia. The effect of these rules is effective from the date Determination 3731 is made, signalling a streamlined process for allowance payments as per the new determinations.

Key Provisions

The Statutory Rules 1984 No. 452, issued under the authority of the Minister for Defence, amend the Military Financial Regulations by repealing Regulation 167. This repeal is due to the replacement of Regulation 167 by two new Determinations: Determination 3601, which pertains to the Travelling Allowance, and Determination 3731, which pertains to the Meal Allowance Overseas, both made under section 58B of the Defence Act 1903. This change is effective from the date Determination 3731 is made. These provisions are designed to streamline and update the allowances provided to members of the Defence Force who are serving overseas. By replacing the old regulation with specific Determinations, the legislation aims to ensure that the allowances are more accurately defined and better reflect current needs and conditions. This amendment allows for more precise control and administration of the allowances, which is crucial for the proper management of Defence Force resources. The obligations imposed by these Statutory Rules primarily concern the Defence Force and the Minister for Defence. The Defence Force is now required to adhere to the allowances as stipulated in the new Determinations. The Minister, on the other hand, has the responsibility to ensure that these new Determinations are effectively implemented and communicated to all relevant personnel. Both entities must ensure that the allowances are paid correctly and in accordance with the new provisions. Failure to comply with the requirements set out in these Statutory Rules could lead to administrative issues or financial discrepancies. While the Explanatory Statement does not specify particular offences or penalties, breaches of such regulations could potentially lead to disciplinary actions, financial penalties, or other administrative consequences. These could include corrective measures to ensure that allowances are correctly disbursed and accounted for, in line with the new Determinations. The precise consequences would depend on the nature and severity of the breach, as well as the policies in place within the Defence Force.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.