EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 371
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.
Regulation 108A of the Military Financial Regulations provides for the payment of aircraft allowance to a member of the Army who is permitted under regulation 76 to travel in his or her private aircraft in lieu of travelling at Commonwealth expense.
These Statutory Rules repeal regulation 108A of the Military Financial Regulations, which has been replaced by Determination 0403, Aircraft Allowance, made under section 58B of the Defence Act 1903, and repeals regulation 76 of the Military Financial Regulations which, as a consequence, is no longer required.
The date of effect is the date Determination 0403 is made.
Overview
The Statutory Rules 1984 No. 371, issued under the authority of the Minister for Defence, amends the Military Financial Regulations by repealing regulation 108A and regulation 76. This amendment arises from the enactment of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations, deeming them to be Statutory Rules. The primary objective of this amendment is to align with Determination 0403, Aircraft Allowance, made under section 58B of the Defence Act 1903, which supersedes the former regulation 108A. Consequently, regulation 76, which is no longer applicable, is also repealed. The changes take effect from the date Determination 0403 is made, ensuring the regulations remain current and reflective of the Defence Act's provisions.
Scope and Application
The Statutory Rules 1984 No. 371, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations as mandated by section 12 of the Defence Amendment Act 1979. These rules apply to members of the Australian Defence Force, specifically those in the Army who are permitted to travel using their private aircraft instead of travelling at the Commonwealth's expense. The geographic and jurisdictional reach of these rules is national, as they concern the financial regulations governing the Australian Defence Force. The repeal of regulations 108A and 76 of the Military Financial Regulations, which previously governed the payment of aircraft allowances and the conditions under which Army members could use their private aircraft for Defence purposes, is superseded by Determination 0403 made under section 58B of the Defence Act 1903. The effect of these rules takes place from the date Determination 0403 is enacted, effectively restructuring the financial allowances and conditions for Defence personnel using private aircraft for operational travel.
Key Provisions
The main operative sections of these Statutory Rules pertain to the repeal of existing regulations and their replacement with new determinations. Specifically, regulation 108A of the Military Financial Regulations, which previously provided for the payment of an aircraft allowance to Army members using their private aircraft instead of Commonwealth travel, is repealed (section 12). This repeal is due to its replacement by Determination 0403, which was made under section 58B of the Defence Act 1903 (section 12). Additionally, regulation 76 of the Military Financial Regulations, which allowed certain travel arrangements in private aircraft, is also repealed (section 12). These changes are effective from the date Determination 0403 is made.
These Statutory Rules impose certain obligations and requirements on the parties involved. For instance, the repeal of regulation 108A means that the payment of an aircraft allowance under the old regulation is no longer applicable. Instead, parties must now refer to Determination 0403 for any related allowances or payments. Similarly, the repeal of regulation 76 removes the previous allowance for travel in private aircraft, requiring a shift to the new determination for any travel-related financial arrangements. The transition necessitates that all involved parties review and comply with the new Determination 0403.
The Statutory Rules do not explicitly outline specific offences, penalties, or consequences for breaches. However, non-compliance with the new Determination 0403 could potentially lead to administrative or financial repercussions. Since the old regulations are no longer in effect, any breaches related to the repealed provisions would not be applicable. It is important for the affected parties to ensure adherence to the new determination to avoid any potential issues.
The overarching legislative framework, particularly the Defence Amendment Act 1979, provides a basis for the enforcement of compliance with these Statutory Rules. While the rules themselves do not specify penalties, any breaches of the new Determination 0403 could be subject to disciplinary action or financial penalties as prescribed by the relevant Defence Act provisions. The exact consequences would depend on the nature and severity of the breach, with potential penalties as outlined in the Defence Act.
In summary, these Statutory Rules, through the repeal of regulations 108A and 76 of the Military Financial Regulations, mandate a shift to the new Determination 0403 for any aircraft allowance or travel arrangements. The transition requires compliance with the new determination, and while specific penalties are not detailed in these rules, non-compliance could result in consequences as per the broader Defence Act provisions.