Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 451, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to address an identified gap in the payment provisions for medical expenses incurred by the families of military members serving overseas. Enacted by the Parliament of Australia through the Defence Amendment Act 1979, this amendment ensures that the regulatory framework remains up-to-date and aligns with current policy objectives. The underlying intent is to streamline the process and integrate the provision into Determination 3737, thus enhancing the efficiency and clarity of the military financial regulations.

Scope and Application

The Statutory Rules issued under the Defence Amendment Act 1979 pertain to amendments of the Military Financial Regulations, specifically repealing regulation 165 which previously provided for the payment of expenses for the medical treatment of a member's family when the member is serving on long term duty overseas. This repeal is due to the incorporation of the relevant provision in Determination 3737, which was made under section 58B of the Defence Act 1903. This change applies to members of the Defence Force who are serving overseas and their families, thereby ensuring that the updated regulatory framework aligns with the current legislative intent and provides clarity in the administration of such benefits. The repeal is effective from the date of signature of Determination 3737, which signifies the transition from the old regulatory structure to the new one under the Defence Act.

Key Provisions

The key provisions of this Statutory Rule relate to the repeal of Regulation 165 of the Military Financial Regulations, as outlined in section 12 of the Defence Amendment Act 1979 (1). This repeal is due to the provision now being included in Determination 3737, made under section 58B of the Defence Act 1903 (2). Specifically, the repealed Regulation 165 provided for the payment of an amount to a military member serving on long-term duty overseas who incurred expenses for the medical treatment of their family. This provision is now governed by the new Determination 3737, which is effective from the date of its signature (3). The repeal and replacement of this regulation are necessary to streamline and update the financial provisions for military members serving overseas and their families. The obligations and requirements imposed by this Statutory Rule primarily concern the payment of medical expenses for the families of military members serving overseas. Under the repealed Regulation 165, the military member was entitled to reimbursement for such expenses. The new Determination 3737, which now governs this matter, likely maintains this entitlement but details the process and criteria for reimbursement under the updated legislative framework. Defence personnel and their families must adhere to the specific guidelines and conditions set out in Determination 3737 when seeking reimbursement for medical expenses incurred abroad. There are no explicit offences or penalties mentioned in this Statutory Rule. However, breaches of the terms set out in Determination 3737 could lead to administrative consequences, such as denial of reimbursement claims or other financial penalties. The new Determination 3737 would detail any specific penalties or consequences for non-compliance. Since the rule itself does not specify these penalties, it is important for military members and their families to follow the updated guidelines to avoid any adverse outcomes. In conclusion, the Statutory Rule in question repeals Regulation 165 of the Military Financial Regulations and replaces it with Determination 3737 under the Defence Act 1903. This change ensures that the financial provisions for military members serving overseas and their families are updated and streamlined. While the Statutory Rule does not detail specific penalties for non-compliance, it is essential that all parties involved adhere to the conditions set out in Determination 3737 to avoid any potential repercussions. The repeal and replacement aim to provide clarity and efficiency in the reimbursement process for medical expenses incurred by military families abroad.