Military Financial Regulations (Amendment)

Overview

Statutory Rules 1981 No. 691, titled Military Financial Regulations (Amendment), was enacted in 1981 to amend the Military Financial Regulations to provide for the payment of Education Allowance for children of military personnel placed at secondary schools in localities of expected posting. The legislation was introduced to address a gap in financial support for the education of military children, ensuring that families are adequately provided for during relocations. The Interim Determination was made by the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence under section 12 of the Defence Amendment Act 1979. The policy objective, as indicated in the text, is to clarify the application of the Education Allowance in the context of military postings, ensuring that the allowance is appropriately applied in specific cases, as provided for by Determination 0501, made under section 58b of the Defence Act 1903.

Scope and Application

The Military Financial Regulations 1966, as amended by the Statutory Rules 1981 No. 691, pertain to the administration and payment of allowances related to military personnel, specifically focusing on Education Allowance for children of service members. This legislation applies to military personnel who have children placed in secondary schools within expected posting localities from 1 January 1979 onwards. The regulations are applicable across the Commonwealth, overseen by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The amendment made by this legislative instrument modifies Regulation 131 to exclude cases specifically addressed by Determination 0501 regarding Education Allowance, which was enacted under section 58b of the Defence Act 1903. The scope of this legislation is further extended or restricted through subordinate instruments, ensuring that the regulations adapt to specific scenarios and requirements as necessary.

Key Provisions

The main operative sections of this Interim Determination under section 12 of the Defence Amendment Act 1979 primarily focus on amending the Military Financial Regulations to include specific provisions related to the Education Allowance. Regulation 131, sub-paragraph (1) of paragraph (b) of sub-regulation (5), is altered to exclude cases provided for by Determination 0501, Education Allowance, made under section 58b of the Defence Act 1903. This amendment ensures that the regulations concerning the payment of Education Allowance apply specifically to secondary school children placed in a locality of expected posting on and after 1 January 1979. The obligations imposed by this Interim Determination are primarily directed towards the Defence Force, mandating them to adhere to the amended Military Financial Regulations when making payments for Education Allowances. This includes ensuring that the specified conditions and exclusions outlined in the legislation are strictly followed. The Defence Force must ensure that the Education Allowance is not paid in cases covered by Determination 0501, except as explicitly stated in the regulations. This requires meticulous record-keeping and adherence to the legislative framework to avoid any discrepancies or non-compliance. The legislation does not explicitly detail specific offences or penalties for breaches within its text. However, under the Defence Amendment Act 1979, any failure to comply with the Military Financial Regulations as amended could result in civil or criminal consequences depending on the nature and severity of the breach. The Defence Force, as the governing entity, would be responsible for ensuring adherence to the regulations, and any oversight or negligence could lead to disciplinary actions, financial penalties, or legal proceedings as stipulated by relevant laws and regulations. The exact penalties would depend on the specific circumstances of the breach and applicable statutory provisions.