Military Financial Regulations (Amendment)

Overview

The Military Financial Regulations 2 (Amendment) Statutory Rules 1980 No. 4061 were enacted in 1980 by the Minister of State for Defence, D. J. Killen, under the authority of the Defence Amendment Act 1979. This legislative instrument aimed to amend Regulation 135 of the Military Financial Regulations by modifying the definitions of ‘child’ and ‘family’ to better align with contemporary understandings and needs. The amendments sought to ensure that the definitions within the regulations are relevant and comprehensive, thereby addressing any gaps in the existing definitions that may have caused confusion or administrative difficulties. The Interim Determination was notified in the Commonwealth of Australia Gazette on 13 January 1981, ensuring transparency and public awareness of the changes.

Scope and Application

The Military Financial Regulations 1966 (Amendment) Interim Determination, made under the authority of the Defence Amendment Act 1979, applies to all members of the Australian Defence Force, their families, and relevant entities within the military financial system. The scope of this legislation is specifically focused on amending the definitions within Regulation 135 of the Military Financial Regulations, thereby impacting how financial entitlements and family support are defined and administered. Notably, the amendments involve the removal and substitution of definitions related to "child" and "family", which are integral to the financial support structure provided to military personnel and their dependents. This legislation has a national reach, governing the financial regulations applicable across the Commonwealth of Australia, thereby ensuring a uniform application of military financial support policies. The amendments are intended to streamline and clarify the definitions within the regulations, without explicitly excluding any particular group or altering the jurisdictional scope of the original regulations.

Key Provisions

The main operative sections of this Interim Determination pertain to amendments to the Military Financial Regulations (Regulation 135). These changes include the removal of the definition of 'child' from sub-regulation (1) and the modification of the definition of 'family'. Specifically, paragraph (b) is omitted from the definition of 'family', and paragraph (c) is also omitted before being substituted with a new definition stating that a family includes 'a child'. These alterations were made under the authority of section 12 of the Defence Amendment Act 1979. The obligations and requirements imposed by this Act include the necessity for the Minister of State for Defence to make the Interim Determination as specified. The amendments to Regulation 135 must be carried out by removing the definition of 'child' and altering the definition of 'family' in the manner outlined. These changes must be implemented to ensure that the definitions within the Military Financial Regulations are updated accordingly. Failure to comply with the provisions of this Interim Determination may lead to legal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is clear that any non-compliance with the terms of the Defence Amendment Act 1979 or the Interim Determination itself could result in civil or criminal penalties. The exact nature and severity of these penalties would be determined by relevant Australian law and judicial interpretation.