Military Financial Regulations (Amendment)

Overview

Statutory Rules 1979 No. 7, made under the Defence Act 1903, was enacted to address specific issues in the Military Financial Regulations, particularly concerning meal allowances for members of the Australian Defence Force who travel on duty. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it came into effect on 24 January 1979. The policy objective of these amendments is to ensure the accurate and fair distribution of meal allowances, adjusting the provisions to reflect the circumstances under which members are entitled to such allowances when they travel on duty.

Scope and Application

The Statutory Rules 1979 No. 7, made under the Defence Act 1903, pertain to amendments of the Military Financial Regulations and are directed towards members of the Australian Defence Force. This legislation applies to individuals who are members of the defence force and are on duty, specifically those who travel while living out. It modifies the rules concerning meal allowances for these members, detailing when they are entitled to such allowances and when they are not. The regulation affects the financial entitlements of defence personnel in specific circumstances related to their duty and travel. The reach of this Act is national, applying across Australia as it falls under the Commonwealth's jurisdiction. There are no explicit exclusions or exemptions detailed in the text, suggesting that the provisions apply broadly to all members of the defence force who meet the criteria set out in the amended regulations. Subordinate instruments may further extend or restrict the application of these regulations, although specific details on this are not provided in the text.

Key Provisions

The primary operative sections of this legislative instrument concern amendments to the Military Financial Regulations, specifically targeting meal allowances for members of the Defence Force. Regulation 107 has been modified to include new sub-regulation (1a), which stipulates that if a member living out is on duty on a particular day and is not entitled to meal allowances for breakfast and dinner, they are also not entitled to a meal allowance for lunch on that day, even if they would otherwise be entitled to it (Regulation 107(1a)). Additionally, sub-regulation (4) has been altered to reference sub-regulations 98(8) and (9) instead of just 98(8) (Regulation 107(4)). The obligations imposed by these regulations primarily concern the Defence Force and its members. The Defence Force must ensure that its members are aware of the changes to the meal allowance provisions, particularly the new conditions under which a member may be denied a meal allowance for lunch if they are not entitled to allowances for both breakfast and dinner. Members are required to comply with these provisions when claiming meal allowances. The Defence Force must also ensure that its record-keeping and payment processes are updated to reflect these changes. Failure to comply with the provisions outlined in this regulation could result in incorrect claims for meal allowances, which may have financial implications for both the Defence Force and the individual members. While the regulation itself does not explicitly outline specific offences, penalties, or consequences for breaches, such breaches could potentially lead to disciplinary action under Defence Force regulations or result in financial restitution if incorrect payments are made and subsequently identified. The Defence Force may also face administrative burdens if it fails to properly implement and enforce these changes, potentially leading to operational inefficiencies or further financial implications.