EXPLANATORY STATEMENT
STATUTORY RULES NO. 278 OF 1984
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.
Regulations 97 to 103, inclusive, of the Military Financial Regulations provide for payment of travelling allowance to members of the Army who undertake authorized journeys on duty or on posting within Australia. These regulations have been replaced by Determination 0401, Travelling Allowance, a tri-Service determination made under Section 58B of the Defence Act 1903 which will provide the legal cover for payment of the allowance to members of the three Services.
These Statutory Rules repeal regulations 98 to 103, inclusive, with effect from the date Determination 0401 is made. The Statutory Rules also make consequential amendments to regulations 107 and 212 of the Military Financial Regulations.
Overview
The Statutory Rules 2004 No. 5354, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to address gaps in the regulation of travelling allowances for members of the Australian Defence Force. Enacted in 1984, these Statutory Rules were introduced to align with the provisions of Determination 0401, which was established under Section 58B of the Defence Act 1903 to standardise the payment of travelling allowances across the Army, Navy, and Air Force. This amendment ensures a consistent approach to the administration of allowances and maintains the integrity and uniformity of financial regulations within the Defence Force, reflecting the policy objective of streamlining financial procedures for Defence personnel.
Scope and Application
The Military Financial Regulations, as amended by these Statutory Rules, apply to members of the Australian Defence Force, specifically those within the Army who are undertaking authorised journeys on duty or on posting within Australia. This legislation targets the financial regulation aspect concerning the payment of travelling allowances to these service members. The regulations have been repealed and replaced by Determination 0401, a tri-Service determination, which provides the legal framework for the payment of the allowance to members of all three services under the Defence Act 1903. The scope of the application extends to the entire Australian Defence Force, ensuring uniformity in the application of the allowance across the services. The replacement and consequential amendments are effective from the date Determination 0401 is made, thus ensuring a smooth transition and updating of the regulations in line with the new determination. The application of these regulations is limited to Australia, as they pertain to journeys within the country. The exclusions and exemptions from these regulations are outlined within Determination 0401, and any further application or restrictions are detailed in subordinate instruments.
Key Provisions
The primary sections of these Statutory Rules, referenced as Statutory Rules No. 278 of 1984, focus on the repeal and amendment of specific regulations within the Military Financial Regulations (MFR) in relation to the payment of travelling allowance to members of the Australian Defence Force. Regulation 98 to 103, which previously governed the payment of travelling allowances to Army members undertaking authorised duty or posting journeys within Australia, are repealed (sections 3(1) and 3(2)). These repealed regulations are replaced by Determination 0401, which is a tri-Service determination under Section 58B of the Defence Act 1903 (section 3(3)). The Statutory Rules also include consequential amendments to regulations 107 and 212 of the MFR, ensuring that the changes are aligned across the relevant regulations (section 3(4)).
The obligations and requirements imposed by these Statutory Rules on the parties or entities they govern include compliance with the new Determination 0401 for the payment of travelling allowances to members of the Army, Navy, and Air Force. This determination sets out the criteria, rates, and conditions for the allowance payments, ensuring that the new framework is adhered to by Defence Force personnel and administrative units (section 3(3)). The consequential amendments to regulations 107 and 212 ensure that the overall financial regulations remain consistent and coherent following the repeal of regulations 98 to 103 (section 3(4)). Defence Force personnel and administrative units must familiarise themselves with the new determination and amended regulations to ensure compliance.
Any breaches of these Statutory Rules or the subsequent Determination 0401 may lead to civil or criminal consequences, depending on the nature and severity of the breach. The specific offences, penalties, and consequences are not detailed within these Statutory Rules, but they may be found within the Defence Act 1903, the Defence Amendment Act 1979, or other relevant legislation. The maximum penalties for breaches of military financial regulations or Defence-related statutes may vary, but they can include fines, imprisonment, or other legal sanctions. It is essential for Defence Force personnel and administrative units to ensure strict compliance with the provisions of these Statutory Rules and the applicable legislation to avoid any potential legal repercussions.