Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 47, an Interim Determination under the Defence Amendment Act 1979, was enacted to amend the Military Financial Regulations, specifically the child education allowance provisions, to address discrepancies in the financial support for children's education within the defence force. This legislative instrument was introduced to ensure that the financial support provided aligns with the actual costs of education for the year commencing 1 January 1979 and subsequent years. The determination was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, reflecting the policy objective of providing adequate financial support for the education of children within the defence force community. The amendments involve updating the figures in the relevant regulation to reflect the current costs, thereby ensuring that the child education allowance remains relevant and sufficient.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979, as enacted by Statutory Rules 1980 No. 47, primarily concerns amendments to the Military Financial Regulations, specifically Regulation 159 which pertains to the child education allowance. This determination applies to individuals who are recipients of the child education allowance, which is a benefit provided to members of the Australian Defence Force to assist with the educational expenses of their children. The regulations, as amended, apply to the financial year commencing on 1 January 1979 and any subsequent years. This legislative instrument is part of the Commonwealth's legislative framework, impacting members of the Defence Force and their families. The amendments to the Military Financial Regulations adjust the specific monetary amounts of the child education allowance, thereby affecting the financial support provided to qualifying beneficiaries. The scope of this interim determination is limited to the financial aspects of child education allowances within the Defence Force and does not extend to other areas of military finance or other government sectors.

Key Provisions

The main operative sections of this Interim Determination, issued under the Defence Amendment Act 1979, pertain to amendments of the Military Financial Regulations, specifically concerning the child education allowance. Regulation 159 of the Military Financial Regulations is revised to adjust the numerical values within sub-regulation (2A) and sub-regulation (2B). These changes involve substituting certain figures, thereby altering the criteria for the allowance (section 1). This amendment applies to the child education allowance for the school year starting on 1 January 1979 and any subsequent years (section 2). The new figures set forth in the regulation are intended to reflect updated standards or costs related to child education within the military context. The Interim Determination imposes specific obligations on the parties governed by the Military Financial Regulations. It mandates that the child education allowance be paid in accordance with the newly amended regulation 159. This entails adherence to the updated figures for determining the eligibility and amount of the allowance. Defence personnel and their families must ensure that their claims for the allowance are based on these revised criteria, which may affect their entitlements. Failure to comply with the provisions of the Interim Determination or the amended Military Financial Regulations could result in various consequences. Although the legislation does not explicitly state penalties or consequences for non-compliance, it is understood that any breach of the Defence Amendment Act 1979 or the Military Financial Regulations could lead to administrative or disciplinary actions. This might include financial repercussions for improperly claimed allowances, as well as potential legal actions if the breach is deemed significant. The exact nature and severity of these consequences would depend on the specific circumstances of the breach and the applicable military and administrative regulations.