Military Financial Regulations (Amendment)

Overview

Statutory Rules 1980 No. 220, issued under the Defence Act 1903, were enacted to amend the Military Financial Regulations, specifically focusing on the compensation for loss of property of members while in the performance of their duty. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was designed to update the existing financial regulations governing the Defence Force. The policy objective of this regulation was to ensure that service members were adequately compensated for any property loss incurred during duty, reflecting changes in the Defence Force's operational requirements and financial management practices. This legislative instrument aimed to provide a more streamlined and effective framework for handling compensation claims, thus addressing potential gaps or inefficiencies in the previous regulatory system.

Scope and Application

The Statutory Rules 1980 No. 220, made under the Defence Act 1903, pertain specifically to amendments within the Military Financial Regulations, particularly regarding the compensation for loss of property of members in the performance of duty. This legislative instrument applies to members of the Australian Defence Force who may incur loss of personal property while carrying out their duties, ensuring they are appropriately compensated under the updated regulations. The regulation repeals Regulation 240 of the Military Financial Regulations, thereby altering the financial compensation framework for such losses. The regulation's reach is limited to the Commonwealth jurisdiction, impacting all members of the Defence Force operating under federal purview. There are no stated exclusions, exemptions, or specific thresholds outlined within this particular legislative instrument, but it is noted that further adjustments and specifics may be detailed in subordinate instruments or subsequent amendments.

Key Provisions

The main operative section of the regulation pertains to the amendment of the Military Financial Regulations (section 2). Specifically, Regulation 240, which dealt with compensation for loss of property of members in the performance of duty, is repealed. This change effectively removes the provision that previously governed the compensation for loss of property of military personnel while they were performing their duties. The repeal of Regulation 240 imposes a direct obligation on the entities governed by the Military Financial Regulations. Previously, these entities would have been required to provide compensation under the repealed regulation for loss of property of members during duty. With the repeal, these entities are now relieved from the obligation of providing such compensation as stipulated under Regulation 240. This change means that any claims for compensation for loss of property under the repealed regulation are no longer valid, and new claims must be evaluated under any remaining or subsequent regulations or legislation that may address such issues. The regulation does not explicitly mention any offences, penalties, or consequences for breach, as the primary change is the repeal of a provision. However, the implications of the repeal may involve procedural changes and could potentially lead to disputes if members attempt to claim compensation under the repealed regulation. Parties affected by this change should seek clarification or further legislation that addresses compensation for loss of property in the context of military service. While the regulation itself does not impose penalties for breach, failure to adhere to updated regulations or guidelines may result in administrative or legal consequences if claims are pursued under repealed provisions.