EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 214
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
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.
Background
Regulations 264 and 269 of the Regulations prohibit the making of deductions from, or the assignment or charging of, Army members’ remuneration unless authorized by an Act or Regulation. These regulations derived from a provision of 19th century British law which, presumably, was intended to protect the pay of the poorly paid and ill-educated servicemen of that era.
The need for this protection arose from a common law rule which precluded servicemen from suing for money due in respect of service. This latter rule, which was modified by section 12 of the Defence Act 1903 to provide former Defence Force members with a right of action in respect of such money, applied to Defence Force members
until section 117B was inserted into the Defence Act 1903 by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 (which also, inter alia, repealed section 12 of the Defence Act 1903). Section 117B provides both members and former members of the Defence Force with a right of action for the recovery of money due in respect of service.
Military Financial Regulations (Amendment)
This Statutory Rule repeals regulations 264 and 269 of the Military Financial Regulations, which are no longer necessary or appropriate. Members are protected against unreasonable attachment of salary by a new section 120B of the Defence Act 1903, also inserted by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985. This section regulates the payment of judgment debts by deductions from salary, and limits recovery to 20% of a member’s net salary each pay day.
Commencement
The Statutory Rule comes into operation on the date of gazettal.