Military Financial Regulations (Amendment)

Overview

The Military Financial Regulations 1981 (Amendment) Statutory Rules 1981 No. 333 were introduced to address gaps in the existing military financial regulations concerning the calculation and application of allowances for service members on long service leave. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, this legislation aimed to ensure a clear and updated framework for financial support during long service leave. The policy objective was to replace the previous furlough allowances with a more specific and consistent long service leave allowance, aligning with the provisions of Determination 2701, Long Service Leave, made under section 58b of the Defence Act 1903. This amendment took effect on the date Determination 2701 was issued, ensuring that service members would receive appropriate financial support during their long service leave.

Scope and Application

The Interim Determination made under Section 12 of the Defence Amendment Act 1979 amends the Military Financial Regulations to update the criteria for oversea living out and in allowances, replacing references to "furlough under the Defence Force (Furlough) Regulations" with "long service leave in accordance with Determination 2701, Long Service Leave made under section 58b of the Defence Act 1903." This change applies to members of the Defence Force and their families who are eligible for these allowances. The Interim Determination is designed to align the financial regulations with the updated long service leave provisions, ensuring consistency and fairness in the administration of allowances. The amendments will take effect on the day Determination 2701, Long Service Leave is made under section 58b of the Defence Act 1903, thereby extending the application of the Military Financial Regulations to incorporate the new leave provisions. This amendment is specifically focused on the Commonwealth level, ensuring that the regulations governing financial allowances for Defence Force members are updated in accordance with legislative changes.

Key Provisions

This Interim Determination amends the Military Financial Regulations 1966 to update the criteria for oversea living out allowance and oversea living in allowance. Specifically, Regulation 156(3)(b) and Regulation 157(3)(b) are modified by replacing "furlough under the Defence Force (Furlough) Regulations" with "long service leave in accordance with Determination 2701, Long Service Leave made under section 58b of the Defence Act 1903." These changes mean that instead of furlough, long service leave will now be considered for determining eligibility and the amount of the allowances. The obligations imposed by this Interim Determination require relevant parties to adhere to the updated criteria set forth in the amended regulations. This means that any calculations or determinations for oversea living out allowance and oversea living in allowance must now factor in long service leave instead of furlough. The changes necessitate that administrative and financial processes be adjusted to reflect these new provisions. Failure to comply with the provisions of this Interim Determination could lead to administrative or financial discrepancies, potentially impacting the correct calculation and payment of allowances. While specific offences or penalties are not detailed within this Interim Determination, any breach of the Military Financial Regulations could result in civil or criminal consequences depending on the nature and extent of the non-compliance. The maximum penalties for breaches of military financial regulations could include fines or other sanctions as prescribed by the applicable laws.