Military Financial Regulations (Repeal) 1996 No. 181
EXPLANATORY STATEMENT STATUTORY RULES 1996 No. 181
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Military Financial Regulations (Repeal)
The Military Financial Regulations (the Principal Regulations), made under the Defence Act 1903, had the primary purpose of providing for certain Army financial conditions of service. Most of the provisions formerly contained in, the Principal Regulations had been repealed progressively as they were replaced by other legislation of tri-service application, particularly determinations made under Part IIIA of the Defence Act. A small number of operative provisions remained.
Provisions dealing with married quarters and medical and dental treatment are being replaced by new provisions in the Defence Force Regulations, also made under the Defence Act. The remaining provisions in the Principal Regulations cover matters which are dealt with in other legislation, are more appropriately dealt with in administrative instructions, or are no longer required. For example, regulations 265 (Overpayments during prior service) and 236 (Items of initial issue - property of the Commonwealth) are adequately dealt with by the Audit Act and Finance Directions, regulation 7 (Power of formation commander) is dealt with in the Australian Military Regulations, also made under the Defence Act, regulation 274 (Regimental funds) can be covered by administrative instruction, and regulation 32 covers an allowance which no longer exists.
The Statutory Rule repeals the Principal Regulations.
The Statutory Rule comes into operation on 1 December 1996.
Overview
The Military Financial Regulations (Repeal) 1996 No. 181, issued under the authority of the Minister for Defence Industry, Science and Personnel, addresses the obsolescence of certain financial regulations that were previously made under the Defence Act 1903. The primary issue this legislation seeks to resolve is the redundancy of the Military Financial Regulations, which had governed specific financial conditions of service within the Army. Over time, many of these regulations were superseded by other legislation applicable to all three services, or they became unnecessary as they were covered by other statutory provisions or administrative instructions. This repeal consolidates the remaining relevant provisions under more appropriate legislation, ensuring that the regulatory framework is streamlined and up-to-date.
The policy objective behind this repeal is to refine the regulatory landscape for military financial conditions by eliminating outdated and redundant regulations, thereby enhancing the efficiency and effectiveness of the administrative process. The Statutory Rule was enacted to ensure that the Military Financial Regulations are no longer in force, effective from 1 December 1996, thereby maintaining a coherent and relevant legislative framework for the Australian Defence Force.
Scope and Application
The Military Financial Regulations (Repeal) 1996 No. 181, issued under the Defence Act 1903, repeals the Military Financial Regulations, which previously outlined specific financial conditions of service for the Australian Army. The repeal of these regulations is due to their provisions being either replaced by more comprehensive tri-service legislation, such as determinations under Part IIIA of the Defence Act, or no longer required. For instance, provisions concerning married quarters and medical and dental treatment are being transferred to the Defence Force Regulations. The remaining provisions in the Principal Regulations, such as those regarding overpayments during prior service and items of initial issue, are adequately covered by other legislation like the Audit Act and Finance Directions, or through administrative instructions. The repeal is comprehensive, with the Statutory Rule coming into effect on 1 December 1996, thereby removing the necessity for the Military Financial Regulations in managing Army financial conditions of service.
Key Provisions
The Military Financial Regulations (Repeal) 1996 No. 181, issued under the authority of the Minister for Defence Industry, Science and Personnel, serves to repeal the Military Financial Regulations made under the Defence Act 1903. These regulations previously governed specific financial conditions of service within the Army. However, as many of these provisions have been progressively repealed or replaced by other legislation, only a few operative provisions remained. For instance, regulations such as those pertaining to overpayments during prior service and items of initial issue are now adequately addressed by the Audit Act and Finance Directions. Similarly, matters like regimental funds can be managed through administrative instructions, while some allowances have become obsolete.
The repealed regulations, which were once crucial in outlining financial conditions for the military, are now being replaced or subsumed by other relevant legislation, such as the Defence Force Regulations and the Australian Military Regulations. This consolidation and repeal aim to streamline and modernise the regulatory framework, ensuring that it remains effective and relevant. The remaining provisions in the Principal Regulations either overlap with other laws, are more appropriately handled through administrative instructions, or are no longer necessary due to changes in policy or practice.
The obligations and requirements imposed by the Military Financial Regulations (Repeal) 1996 No. 181 primarily involve the cessation of certain regulatory provisions that were previously in effect. Defence personnel and administrators must now refer to the new Defence Force Regulations and other relevant laws for guidance on matters that were previously governed by the repealed regulations. This shift requires a re-evaluation of existing administrative practices and policies to align them with the current legislative framework.
The Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches of the repealed regulations. Given that the repeal is largely a formalisation of the existing state of affairs, where many provisions were already superseded by other laws, there are no new punitive measures introduced by the Statutory Rule. However, any breaches of the new laws that replace the repealed regulations would be subject to the penalties and consequences specified within those laws.
In summary, the Military Financial Regulations (Repeal) 1996 No. 181 effectively removes outdated financial regulations for the military, directing stakeholders to refer to the new Defence Force Regulations and other relevant legislation for updated guidelines. This repeal ensures that the regulatory framework remains efficient and aligned with contemporary practices, without introducing new punitive measures for non-compliance.