Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 16, issued under the authority of the Minister for Defence, pertain to amendments made to the Military Financial Regulations. Enacted in 1983, these rules were introduced to align with the changes necessitated by Determination 0798, which was made under section 58B of the Defence Act 1903. This determination has replaced the former regulation 186 concerning the payment of a gratuity to members of the Regular Army Emergency Reserve when called out on continuous full-time service. The objective of these statutory rules is to ensure the Military Financial Regulations are updated to reflect current policy and to maintain compliance with legislative changes. The authority to enact these rules stems from section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations, which are then deemed to be Statutory Rules.

Scope and Application

The Military Financial Regulations Amendment (Gratuity for Members of the Emergency Reserve) Rules 2004, issued under the authority of the Minister for Defence, amend the Military Financial Regulations to repeal Regulation 186, which pertained to the payment of a gratuity to members of the Regular Army Emergency Reserve when called to continuous full-time service. The repeal and replacement of Regulation 186 are authorised by Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, deeming these determinations to be Statutory Rules. The amendment is effective from the date Determination 0798 is made, under Section 58B of the Defence Act 1903, which provides for the gratuity to members of the Emergency Reserve. The application of this amendment is confined to the members of the Regular Army Emergency Reserve who are called to continuous full-time service, and the changes pertain to the financial regulations governing their entitlements.

Key Provisions

The main operative sections of this legislation are found in Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations. This authority is exercised in Statutory Rules 1983 No. 16, which repeals regulation 186 of the Military Financial Regulations. Regulation 186, which previously provided for the payment of a gratuity to a member of the Regular Army Emergency Reserve when called out on continuous full-time service, is replaced by Determination 0798, Gratuity for Members of the Emergency Reserve, made under section 58B of the Defence Act 1903. The effect of these Statutory Rules is to implement the changes specified in Determination 0798 from the date it is made. These Statutory Rules impose certain obligations and requirements on the relevant parties, primarily concerning the payment of gratuity to members of the Regular Army Emergency Reserve. By repealing regulation 186 and replacing it with Determination 0798, the Act establishes new terms and conditions for gratuity payments. These changes must be adhered to by both the Department of Defence and the affected members of the Regular Army Emergency Reserve. The determination ensures that the payment process is updated to reflect any changes in policy or financial considerations, thereby maintaining transparency and fairness in the compensation system for emergency reserve members. There are no specific offences, penalties, or civil/criminal consequences outlined in these Statutory Rules for non-compliance with the new provisions regarding gratuity payments. However, it is implicit that adherence to the new determination is mandatory for all parties involved. Failure to comply with the updated regulations could potentially lead to disputes or legal challenges, although such outcomes are not explicitly stated within the text of these Statutory Rules. The determination itself serves as the primary legal instrument governing gratuity payments, and any breaches would likely be addressed under the general legal frameworks governing employment and Defence Act provisions. The overall effect of these Statutory Rules is to streamline the process of gratuity payments to members of the Regular Army Emergency Reserve, ensuring that they are aligned with current Defence policies and financial regulations. By replacing the old regulation with a new determination, the Act provides a clear and updated framework for managing these payments, which is essential for the effective administration of the Defence Force and the fair treatment of its members. The regulations ensure that the members receive their due compensation in a timely and transparent manner, reflecting the updated policy directives.