Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 360, issued by the authority of the Minister for Defence, amend the Military Financial Regulations to address the need for updating and replacing outdated provisions related to allowances for military personnel. Enacted in 1984, this legislative instrument was introduced to align with changes in policy and regulatory frameworks concerning the financial support provided to military members who undertake overseas duties. Specifically, it repeals Regulation 150, which previously governed the payment of allowances for travelling equipment and clothing required for extreme climatic conditions, as it has been superseded by Determination 3602, Overseas Outfit Allowance, under the Defence Act 1903. This amendment ensures the regulations remain current and effective in supporting the needs of the Defence Force personnel.

Scope and Application

The Statutory Rules 1984 No. 360, issued by the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations in accordance with the Defence Amendment Act 1979. Specifically, these rules address the repeal of Regulation 150, which previously provided for the payment of an allowance to members of the Defence Force who travel overseas for short-term duty and require the purchase of travelling equipment or additional clothing due to extreme climatic conditions. This repeal arises because Regulation 150 has been replaced by Determination 3602, titled "Overseas Outfit Allowance," which was made under section 58B of the Defence Act 1903. This change aligns with the provisions of Section 12 of the Defence Amendment Act 1979, which allows for interim determinations to amend or repeal regulations, with such determinations deemed Statutory Rules. The application of these rules is targeted towards members of the Defence Force who undertake short-term overseas duties and necessitates the procurement of suitable equipment and clothing. The scope is thus confined to the Defence Force personnel affected by the regulations.

Key Provisions

The key operative sections of the Statutory Rules 1984 No. 360 revolve around the repeal of Regulation 150 of the Military Financial Regulations (section 2). This repeal is necessary because Regulation 150 has been replaced by Determination 3602, Overseas Outfit Allowance, made under section 58B of the Defence Act 1903. This determination provides for the payment of an allowance to members who proceed overseas on short-term duty and need to purchase travelling equipment or additional clothing to suit extreme climatic conditions. Essentially, the changes streamline the allowance process by transitioning from a regulation to a determination. The obligations and requirements imposed by these Statutory Rules primarily affect Defence personnel who travel overseas for short-term duty. Previously, Regulation 150 stipulated the conditions under which an allowance would be paid for travel equipment and clothing. Now, the parties involved must adhere to the terms set out in Determination 3602. This includes ensuring that Defence personnel who meet the criteria for short-term overseas duty are aware of the new allowance provisions and can apply for the appropriate financial support as outlined in the determination. The Statutory Rules themselves do not explicitly detail offences or penalties for breach, as the primary focus is on the repeal of Regulation 150 and the adoption of Determination 3602. However, any breaches related to the application or misuse of the Overseas Outfit Allowance would be governed by the Defence Act 1903 and the Defence Administration Act 1982. Under these Acts, breaches can result in various civil and criminal consequences, including fines and imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as outlined in the relevant sections of the Defence Act and the Defence Administration Act.