Military Financial Regulations (Amendment)

Overview

Statutory Rules 1979 No. 137, made under the Defence Act 1903, amends the Military Financial Regulations to adjust allowances on the sale of vehicles by military personnel. Enacted by the Governor-General with the advice of the Federal Executive Council, this regulation aims to refine the financial provisions related to vehicle sales by Defence Force members. The policy objective behind these amendments is to ensure that the financial regulations accurately reflect current conditions and provide fair allowances for members who sell their vehicles under specific circumstances, such as when relocating due to a posting. This regulation addresses discrepancies and updates certain allowances to better align with the needs of military personnel.

Scope and Application

The Military Financial Regulations, as amended by Statutory Rules 1979 No. 137, apply to members of the Australian Defence Force and their families, particularly in relation to financial matters such as allowances on the sale of vehicles. These regulations govern the circumstances under which certain financial benefits are available to members when they sell a motor vehicle following a posting. The regulations are designed to provide relief and support to members who are required to relocate, ensuring that they are not financially disadvantaged by the need to sell their vehicle under such circumstances. The changes introduced by these regulations primarily affect the period within which a vehicle must be sold post-posting, the amount of allowance payable, and the conditions under which the vehicle must be owned and sold by the member. The regulations also specify exclusions, such as when a vehicle was imported less than seven years prior to the sale and certain tax or duty conditions in the overseas country of importation. These amendments to the Military Financial Regulations have a national reach, applying across Australia and affecting all members of the Australian Defence Force and their families. The regulations extend the scope of financial support to members in specific situations, such as when they are required to sell a vehicle following a posting, and provide clarity and consistency in the application of allowances. The exclusions and specific conditions outlined in the regulations ensure that the benefits are appropriately targeted and administered, providing necessary support while preventing misuse or abuse of the financial provisions.

Key Provisions

The primary operative sections of this regulation (Regulation 149a) amend the Military Financial Regulations by adjusting the conditions and amounts associated with allowances for the sale of a member's motor vehicle. Specifically, it extends the period for selling the vehicle from six weeks to thirteen weeks (sub-regulation 1(a)), changes the allowable amount from a fixed $400 to a prescribed amount (sub-regulation 1(b)), and details the prescribed amount based on the timing of the vehicle purchase relative to the member's posting (sub-regulation 1(1a)). Furthermore, it updates terminology from 'Minister' to 'Department' (sub-regulation 2(a)), modifies the condition for vehicle ownership (sub-regulation 2(b)), and introduces a new exception for imported vehicles (sub-regulation 4). The regulation also updates references from'spouse' to 'any member of his family' (sub-regulations 5(a) and 6(a)) and removes outdated references (sub-regulation 7). The regulation imposes several obligations and requirements on military members regarding the sale of their motor vehicles. Firstly, members must sell their vehicles within thirteen weeks of receiving formal notification of their posting, up from the previous six weeks (sub-regulation 1(a)). The amount they can receive is now based on the timing of their vehicle purchase in relation to the posting (sub-regulation 1(1a)). Members must ensure their vehicle was owned continuously from the time they received posting notification until the sale (sub-regulation 2(b)). Additionally, members must adhere to the new prescribed amounts specified in sub-regulation 1(1a) and must meet the conditions outlined in sub-regulation 4 if they are selling a vehicle imported from an overseas country where they were previously stationed. The regulation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with these regulations could potentially lead to administrative actions, such as the denial of the allowable amount or other financial penalties, depending on the specific circumstances and the Defence Force's internal policies. The exact consequences would likely be determined by Defence Force regulations or administrative guidelines rather than this legislative instrument itself.