Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 372, issued under the authority of the Minister for Defence, is an amendment to the Military Financial Regulations. This interim determination was introduced to address the need for updated provisions regarding the reimbursement of school expenses for members of the Army serving on long-term duty overseas, particularly for those with children attending school in the host country. The Defence Amendment Act 1979 allows the Minister to make such interim determinations, and this interim determination repeals regulation 161, which has been replaced by Determination 3725, Education Assistance Overseas, made under section 58B of the Defence Act 1903. The policy objective of this interim determination is to ensure that the reimbursement process for school expenses aligns with the current Defence policies and provides necessary financial support to affected Defence personnel and their families.

Scope and Application

The Military Financial Regulations Amendment (Education Assistance Overseas) Statutory Rules 1984 No. 372 applies to members of the Australian Army who are serving on long term duty in an overseas country and have children attending school in that country. Specifically, it relates to the reimbursement of school expenses for these members, a matter previously governed by regulation 161 of the Military Financial Regulations. The regulations have been amended to reflect the provisions now found in Determination 3725, Education Assistance Overseas, which was made under section 58B of the Defence Act 1903. This interim determination, issued by the authority of the Minister for Defence, effectively repeals the old regulation and aligns the reimbursement process with the new determination. The changes also necessitate consequential amendments to other regulations within the Military Financial Regulations, specifically regulations 169A, 169B, 169C and 169E. The scope of this amendment is limited to the financial regulations concerning military personnel and their families, operating within the jurisdiction of the Commonwealth of Australia. The application of these regulations is not extended or restricted through subordinate instruments in this instance.

Key Provisions

The main operative sections of this legislation, as set out in the Explanatory Statement, involve the repeal of regulation 161 of the Military Financial Regulations (section 12 of the Defence Amendment Act 1979) and the consequential amendments to regulations 169A, 169B, 169C and 169E. Regulation 161, which provided for the reimbursement of school expenses to a member of the Army serving on long term duty in an overseas country and whose child attends school in that country, has been repealed and replaced by Determination 3725, Education Assistance Overseas, made under section 58B of the Defence Act 1903. This interim determination is effective from the date Determination 3725 is made. The Act imposes certain obligations and requirements on the parties or entities it governs. Primarily, it requires the repeal of regulation 161 and the consequential amendments to regulations 169A, 169B, 169C and 169E of the Military Financial Regulations. This means that the previous reimbursement scheme for school expenses of Army members serving overseas has been replaced by the new Determination 3725, Education Assistance Overseas. The new scheme likely includes different provisions, criteria, and processes for the reimbursement of school expenses. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of this legislation. However, any breaches of the Military Financial Regulations, including the amended regulations, could potentially lead to penalties under the Defence Act 1903 or other relevant legislation. These penalties could include fines, imprisonment, or other civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties would be determined by the applicable legislation and the specific circumstances of the case. In summary, the legislation in question involves the repeal of regulation 161 of the Military Financial Regulations and the consequential amendments to other related regulations. This change is made to replace the previous reimbursement scheme for school expenses of Army members serving overseas with the new Determination 3725, Education Assistance Overseas. While no specific penalties are mentioned in the Explanatory Statement, breaches of the Military Financial Regulations could potentially lead to penalties under the Defence Act 1903 or other relevant legislation, with the maximum penalties determined by the applicable legislation and the specific circumstances of the case.