Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 1901, specifically the Military Financial Regulations (Amendment), was enacted in 1981 to address certain administrative and financial aspects related to the education allowance for members of the military. This legislative instrument was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The primary objective was to ensure that the education allowance ceases to be payable under certain specified circumstances, as detailed in the clauses of Determination 0501, Education Allowance, made under section 58b of the Defence Act 1903. This amendment was intended to streamline and clarify the conditions under which education allowances are no longer applicable, thereby providing greater administrative efficiency and transparency within the military financial regulations.

Scope and Application

The Military Financial Regulations 1981 (Amendment) Interim Determination applies to members of the Australian Defence Force, specifically regarding the cessation of Education Allowance for members' children attending school under certain circumstances. The determination is made under the authority of the Defence Amendment Act 1979 and is effective from the date specified in Determination 0501, Education Allowance, made under section 58b of the Defence Act 1903. This Interim Determination modifies Regulation 131 of the Military Financial Regulations, thereby affecting the financial support provided to Defence Force members for their children's education. The changes are explicitly linked to the conditions outlined in clauses 8, 9, and 10 of Determination 0501, which must be enacted for the Interim Determination to take effect. This legislation impacts the financial obligations and entitlements of Defence Force members in relation to their children's education, thereby directly affecting the personal circumstances of these service members.

Key Provisions

The Military Financial Regulations 1981 Amendment primarily targets the cessation of the Education Allowance for members of the military under specific circumstances. Regulation 131, sub-regulation (3), has been amended to specify that the Education Allowance will no longer be payable to a member when their child attends a school under the conditions outlined in clause 8 or another specified date as outlined in clause 10 of Determination 0501, Education Allowance. This amendment directly impacts the financial support available to military personnel for their children's education, altering the previously established criteria under sub-regulations (3) and (4), which have been omitted. The obligations imposed by this Interim Determination are primarily on the military members who were previously entitled to an Education Allowance. They must now adhere to the new conditions stipulated in clause 8 of Determination 0501. These obligations ensure that the allowance is only granted under specific circumstances and that any changes to the allowance must be closely monitored and followed to maintain compliance with the Defence Act 1903. The regulations also require that the Defence Department updates and communicates these changes effectively to all relevant personnel to ensure clarity and adherence. Failure to comply with the provisions set out in this Interim Determination can result in civil or administrative consequences for the Defence Department, as well as for the military members who may be affected by the changes. While the specific penalties are not outlined in the document, breaches of military regulations typically result in administrative penalties or other corrective measures as determined by the Defence Act 1903. The cessation of the Education Allowance for those who do not meet the new criteria may also have financial implications for the affected members and their families.