Military Financial Regulations (Amendment)

Overview

Statutory Rules 1980 No. 33, an Interim Determination under the Defence Amendment Act 1979, was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. This legislative instrument was enacted to address the need for temporary amendments to the Military Financial Regulations in response to the introduction of new allowances under the Defence Act 1903. The policy objective of this interim determination was to ensure a smooth transition and alignment of financial regulations with the new allowances, namely the Flying Allowance and the Flight Duties Allowance, by specifying the cessation date for certain sub-regulations until the relevant determinations under section 58B of the Defence Act 1903 were made. This legislative measure aimed to maintain the integrity and consistency of military financial provisions during the interim period.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to the Military Financial Regulations and applies specifically to members of the Australian Defence Force, governing their financial entitlements such as flying and flight duties allowances. This legislative instrument, made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, amends existing regulations by incorporating new sub-regulations that will cease to have effect upon the issuance of subsequent determinations. The determination applies nationally within the Commonwealth of Australia, impacting all military personnel. The amendments are designed to ensure that the regulations are kept up to date with current practices and policies. There are no stated exclusions or thresholds in this particular determination; however, the scope of its application is limited to the specific regulations outlined. Any further application or restriction of this determination may be extended through additional subordinate instruments or legislative changes.

Key Provisions

The main operative sections of this legislation pertain to the amendments of the Military Financial Regulations, specifically focusing on flying allowances and flight pay for military personnel. Under section 1 of the Interim Determination (C2004L05270), Regulation 33 of the Military Financial Regulations is amended to include a new sub-regulation (4), which stipulates that this particular regulation will cease to have effect from the date of making Determination 0106, the Flying Allowance under section 58B of the Defence Act 1903. Similarly, under section 2, Regulation 33A of the Military Financial Regulations is amended to include a new sub-regulation (3), which states that this regulation will cease to have effect from the date of making Determination 0107, the Flight Duties Allowance under section 58B of the Defence Act 1903. The Interim Determination imposes specific obligations and requirements on the parties governed by the Military Financial Regulations. Firstly, it mandates that Regulation 33(4) and Regulation 33A(3) will no longer apply from the specified dates of Determination 0106 and Determination 0107 respectively. This means that military personnel who were previously entitled to these allowances will no longer receive them once the relevant determinations are made. The Act requires that these changes be implemented in accordance with the timing of the associated determinations, ensuring a smooth transition for affected personnel. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breaches within the Interim Determination itself. However, it is essential to note that non-compliance with the Defence Amendment Act 1979 or the Defence Act 1903, from which this Interim Determination derives its authority, could result in legal repercussions. Depending on the nature and severity of the breach, potential consequences might include administrative penalties, financial liabilities, or even criminal charges. It is advisable for those affected by these regulations to ensure adherence to the provisions set out in the Defence Amendment Act 1979 and any subsequent determinations to avoid any legal issues.