Military Financial Regulations (Repeal)

Overview

Statutory Rules 1981 No. 2391, titled "Military Financial Regulations 2 (Repeal)," was enacted on 12 August 1981 by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, under the authority of the Defence Amendment Act 1979. This legislative instrument serves to repeal Regulation 238 of the Military Financial Regulations, addressing a gap or outdated regulation within the military financial framework. The policy objective appears to be the streamlining and modernisation of military financial regulations to better align with contemporary requirements and administrative practices. The enactment follows the legislative process outlined in the Defence Amendment Act and was notified in the Commonwealth of Australia Gazette on 28 August 1981.

Scope and Application

The Interim Determination made under the Defence Amendment Act 1979 repeals Regulation 238 of the Military Financial Regulations, which were established by Statutory Rules 1966 No. 35 as amended. This legislative instrument applies to the financial management and administrative processes within the Defence sector in Australia. The repeal affects the regulations governing financial conduct and transactions within the military, ensuring that these are no longer governed by the outdated provisions of Regulation 238. The scope of this repeal is limited to the financial regulations of the military and does not extend to other areas of military conduct or civilian personnel within the Defence sector. The repeal is a Commonwealth instrument, impacting federal military financial governance and not state or territory-specific regulations. There are no stated exclusions or exemptions within the scope of this repeal, and it directly affects the conduct and transactions as previously governed by the repealed regulation. Further application and interpretation of this repeal may be extended or restricted through subsequent legislative instruments or administrative decisions, although none are specified in this particular Interim Determination.

Key Provisions

The primary operative section of the Interim Determination under the Defence Amendment Act 1979 (section 12) is the repeal of Regulation 238 of the Military Financial Regulations (section 1). This repeal signifies the removal of specific financial regulations that previously governed the military, making the regulation obsolete as of the date of the Determination, 12 August 1981. This change effectively eliminates the obligations and requirements previously imposed by Regulation 238, impacting how financial matters were managed within the military context. The obligations and requirements that this Act imposes on the parties or entities it governs primarily involve the adjustment to the financial management practices within the military. With the repeal of Regulation 238, military personnel, financial officers, and other relevant parties must now operate under the updated or remaining regulations, which do not include the previously repealed regulation. This shift requires them to adapt to new procedures, guidelines, or policies that may have been established to replace or supplement the repealed regulation. The focus is on ensuring that financial practices continue to be managed effectively within the military framework, albeit without the constraints and requirements of the now-repealed regulation. The Interim Determination does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the repealed Regulation 238, as its focus is on the repeal itself rather than penalising non-compliance with the repealed regulation. However, the repeal of a regulation could indirectly affect the enforcement of related laws or regulations. Any actions or decisions made under the now-repealed Regulation 238 post the date of the Determination could potentially face scrutiny or challenge under the remaining regulations or new policies that have taken its place. The maximum penalties or consequences for breaches would then be determined by the applicable laws in effect at the time of the breach, which would now exclude the penalties or consequences prescribed under the repealed regulation.