EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 370
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE DEFENCE FORCE (SALARIES) 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 12A of the Defence Force (Salaries) Regulations provides for payment of a Rental Allowance to members of the Defence Force who marry during a posting of more than 6 months. Regulations 12D and 12E of the Defence Force (Salaries) Regulations prevent rental allowance being paid to a member under regulation 12A in a case where the member is married to another member and that other member has an entitlement to payment of Rental Allowance under either Military Financial Regulation 128 or Air Force Regulation 608.
The legal cover for payment of Rental Allowance under Military Financial Regulation 128 and Air Force Regulation 608 will be provided by Determination 0503, Defence Force Rental Expense Assistance Allowance made by the Minister under section 58B of the Defence Act 1903. It is necessary to change the references to regulations 128 and 608 in regulations 12D and 12E to reference to Determination 0503 with effect from the date the determination is made. This determination makes the appropriate amendments.
Overview
The Statutory Rules 1984 No. 370, issued under the authority of the Minister for Defence, addresses the need to amend the Defence Force (Salaries) Regulations to align with changes in the legal cover for the payment of Rental Allowances. Enacted to implement changes specified in the Defence Amendment Act 1979, this regulation ensures that the references to Military Financial Regulation 128 and Air Force Regulation 608 are updated to refer to Determination 0503, which provides the legal cover for the Defence Force Rental Expense Assistance Allowance under the Defence Act 1903. This amendment is crucial for maintaining consistency and accuracy in the payment of allowances to Defence Force members, ensuring that they receive the correct entitlements as per the updated legal framework.
Scope and Application
The Defence Force (Salaries) Regulations, as amended by the Statutory Rules 1984 No. 370, apply to members of the Australian Defence Force, specifically those who are eligible for a Rental Allowance. This allowance is applicable to members who marry during a posting that exceeds six months, as stipulated in Regulation 12A. The regulations also cover scenarios where rental allowance is not payable to a Defence Force member who is married to another member, who in turn is eligible for rental allowance under Military Financial Regulation 128 or Air Force Regulation 608, as outlined in Regulations 12D and 12E respectively. The amendments provided by these Statutory Rules ensure that any reference to the aforementioned regulations in relation to rental allowances now refer to Determination 0503, effective from the date the determination is made. This change is authorised under section 58B of the Defence Act 1903 and facilitates the updating of legal provisions concerning rental expense assistance allowances for Defence Force members. The jurisdictional reach of these regulations is national, applying across all states and territories of Australia as they pertain to Defence Force members and their entitlements.
Key Provisions
The key provisions of these Statutory Rules (C2004L04441) focus on amending the Defence Force (Salaries) Regulations to update the references related to the payment of a Rental Allowance for members of the Defence Force. Regulation 12A provides for the payment of a Rental Allowance to Defence Force members who marry during a posting of more than six months (Reg 12A). However, regulations 12D and 12E prevent the payment of such an allowance if the member is married to another Defence Force member who is entitled to a Rental Allowance under Military Financial Regulation 128 or Air Force Regulation 608 (Regs 12D and 12E). This amendment is necessary to update these references to Determination 0503, which will now cover the legal basis for the Rental Allowance under the Defence Act 1903.
These Statutory Rules impose specific obligations on the Defence Force members and the administrative bodies responsible for processing allowances. Defence Force members who qualify for a Rental Allowance under Regulation 12A must ensure that their marital status and posting duration meet the criteria. The administrative bodies must then verify these details and determine if any exceptions apply under Regulations 12D and 12E. If a member is married to another Defence Force member with an entitlement to a Rental Allowance, the payment will be withheld as per the updated references to Determination 0503.
Failure to comply with these regulations could lead to serious consequences, including financial discrepancies or improper payments. While the Statutory Rules do not explicitly state penalties for non-compliance, breaches of Defence-related financial regulations can potentially lead to administrative sanctions, financial recovery actions, or even criminal charges in cases of fraud or misconduct. The penalties for such offences can range from fines to imprisonment, depending on the severity of the breach and the applicable laws. It is crucial for all parties to adhere to these regulations to maintain the integrity of the Defence Force's financial systems.