Military Financial Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979 was enacted in 1980 to address immediate adjustments required to the Military Financial Regulations concerning education and child education allowances. This legislative instrument was introduced by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The policy objective, as indicated in the document, is to amend certain regulations to omit sub-regulations related to education and child education allowances, thereby effectuating the necessary changes without the delay of full legislative processes. This interim measure was essential for ensuring the swift and effective application of the adjustments within the military financial framework.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to amendments of the Military Financial Regulations, specifically addressing education allowances for military personnel. This legislation is enacted at the Commonwealth level and pertains to the financial regulations governing the Australian Defence Force. The scope of this determination is limited to modifying certain sub-regulations concerning education and child education allowances. It does not extend to other forms of allowances or benefits provided to military personnel under the Military Financial Regulations. The amendments outlined in this determination, which include the omission of sub-regulations (8) and (9) of Regulation 131 and sub-regulations (12) and (13) of Regulation 159, are intended to update and refine the financial provisions related to education allowances within the Defence Force. This interim legislative instrument is designed to be effective immediately upon notification, ensuring that the changes are implemented without delay.

Key Provisions

The main provisions of the Interim Determination (C2004L05288) are found in sections 1 and 2, which directly amend the Military Financial Regulations. Specifically, section 1(1) removes sub-regulations (8) and (9) from Regulation 131 concerning education allowance, while section 1(2) removes sub-regulations (12) and (13) from Regulation 159, which deals with child education allowance. These changes modify the financial regulations governing allowances for education and child education within the military context. This legislation imposes specific obligations on the entities it governs, namely the military personnel and the Defence department. The changes mean that the Defence department must now adjust its policies and practices to align with the updated regulations regarding education and child education allowances. Personnel affected by these changes must also comply with the new regulatory framework when claiming or administering such allowances. In terms of consequences for non-compliance, the Interim Determination does not explicitly detail offences, penalties, or specific legal consequences for breaching the amended regulations. However, non-compliance with Defence-related financial regulations can generally lead to disciplinary action, financial penalties, or other administrative consequences as prescribed by the Defence Force Discipline Regulations or other applicable laws. The exact penalties would depend on the nature and severity of the breach, as well as the specific rules governing military discipline and administration.