EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 93
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulations (“the Regulations”), made under the Defence Act 1903 prescribe certain financial conditions of service for members of the Army.
Regulations 48 to 60 of the Regulations provided for the allotment of the salary of members of the Army. These provisions enabled members to make voluntary allotments from their salary, dealt with compulsory deductions, and provided for the temporary continued payment of some allotments where members died or were reported missing on active service.
The Attorney-General’s Department advised that legislative cover for voluntary allotments was unnecessary and that the provision that dealt with voluntary allotments was therefore redundant. In addition, the provisions that dealt with compulsory deductions have been progressively superseded by other legislation (including the attachment of salaries provision in section 120B of the Defence Act 1903, the maintenance provisions in the Family Law Act 1975 and Child Support Act 1988,
the reparation provision in section 84 of the Defence Force Discipline Act 1982 and the damage to public property provisions in Part XIIA of the Audit Act 1901). The provisions that dealt with members of the Defence Force who die or are reported missing on active service have also been superseded, by the Defence Force Retirement and Death Benefits Act 1973, which ensures payment of pension to dependants once death is established. (Full salary accrues until death is established.)
The Statutory Rule repeals Division 7 of Part II of the Regulations, which contains only the unnecessary regulations 48 to 60. However, a savings provision ensures that the repeals do not affect the ability of members to make voluntary allotments, and that existing allotments will not have to be remade.
The Statutory Rule comes into operation on the date of gazettal.