Military Financial Regulations (Amendment)

Overview

The Regulations Under the Defence Act 1903, enacted by the Governor-General on 31 May 1979, were established to amend the Military Financial Regulations, specifically addressing the storage of furniture and personal effects of deceased military members and their families. These regulations, which came into operation on 1 January 1979, aim to provide more flexible and considerate storage arrangements for the belongings of deceased service members. The enactment was done with the advice of the Federal Executive Council and the Minister of State for Administrative Services for and on behalf of the Minister of State for Defence. The policy objective of these regulations is to ensure that the families of deceased members have reasonable and considerate options for the storage and eventual relocation of their loved one's belongings.

Scope and Application

The Regulations under the Defence Act 1903, specifically Statutory Rules 1979 No. 85, govern the financial aspects of the military, including the storage and transportation of personal effects and furniture of military personnel. These regulations apply to military members and their families, particularly in the event of a member’s death, ensuring that their belongings are securely stored and transported to their new permanent residence. The geographic scope of these regulations is nationwide, as they are made under the Commonwealth’s Defence Act, which applies across all states and territories in Australia. The regulations do not specify exclusions but imply that certain actions, such as sales of goods necessitated by a will or court order, are exceptions to the general storage and transport provisions. The Minister has the authority to determine the length of storage in cases where permanent accommodation has not been secured. These regulations extend to cover the practical and logistical needs of military families during transitions and hardships.

Key Provisions

The Regulations under the Defence Act 1903, as outlined in Statutory Rules 1979 No. 85, focus on amendments to the Military Financial Regulations, particularly addressing the storage and transportation of furniture and personal effects of military members or their families in the event of the member's death. Regulation 118 is notably amended by these Regulations (section 2). The changes to sub-regulation (2) of Regulation 118 involve the removal of a specific reference and the insertion of new provisions concerning storage duration and conditions (section 2(a) and (b)). These Regulations impose specific obligations on the Department regarding the handling of deceased members' furniture and effects. The Department must pack, transport, and store these goods at its expense (section 2(3a)). The storage must continue until the member’s family secures permanent accommodation or until a certain period elapses, whichever is later (section 2(3a)(b)). If permanent accommodation is not secured within three months of storage or the member’s death, the Minister may extend storage based on certain criteria (section 2(3a)(c)). The Regulations also stipulate the conditions under which these effects may be sold, namely only if necessitated by a will or court order (section 2(e)). Failure to comply with these Regulations could result in various consequences, although specific penalties are not detailed within the text provided. The lack of explicit penalties suggests that the consequences of non-compliance might be addressed under broader legislative frameworks or through administrative actions. However, the importance of adherence to these provisions is underscored by their detailed nature and the specific obligations they impose on the Department.