Military Financial Regulations (Amendment)

Overview

The Determination No. 290 of 1983, issued by the authority of the Minister for Defence, amends the Military Financial Regulations to address a specific issue regarding the payment of allowances to military members who sell their vehicles instead of transporting them during a removal within Australia. This determination was enacted in 1983, pursuant to section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations amending or repealing regulations and deem them as Statutory Rules. The policy objective is to update and streamline the payment of allowances to military members by replacing the outdated regulation 133 with the more recent Determination 2001, Allowance for Loss on Sale of Vehicle, made under section 58B of the Defence Act 1903. The effect of this determination is to repeal regulation 133 and make consequential amendments to other relevant regulations, effective from the date Determination 2001 is made.

Scope and Application

The Military Financial Regulations Amendment (Allowance for Loss on Sale of Vehicle) Determination 2004, issued under the authority of the Minister for Defence, pertains to the financial allowances applicable to members of the Australian Defence Force who are required to sell their vehicles during a removal within Australia. This legislation applies to members of the Defence Force who sell their vehicles in lieu of transporting them at public expense, thus affecting their financial entitlements. The amendment and consequential changes to regulations 134A, 134B, 134C, and 134E ensure that the allowance for loss on the sale of vehicles is accurately and appropriately reflected within the broader regulatory framework of the Military Financial Regulations. The reach of this legislation is national, encompassing all members of the Defence Force across Australia. The stated exclusions or exemptions within this amendment pertain to the specific conditions under which the allowance is payable, as outlined in Determination 2001 made under section 58B of the Defence Act 1903. Subordinate instruments may extend or further define the application of these regulations as necessary.

Key Provisions

The main operative sections of the legislation are Section 12 of the Defence Amendment Act 1979 and Regulation 133 of the Military Financial Regulations. Section 12 allows the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules. Regulation 133 originally provided for the payment of an allowance to military members who sold their vehicles in lieu of transporting them at public expense during a removal within Australia. However, this regulation has been repealed and replaced by Determination 2001, which was made under section 58B of the Defence Act 1903. This determination, along with the consequential amendments to regulations 134A, 134B, 134C, and 134E of the Military Financial Regulations, came into effect on the date that Determination 2001 was made. The legislation imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister for Defence is empowered to make interim determinations that amend or repeal regulations, which must then be deemed as Statutory Rules. This process ensures that changes to military financial regulations are legally binding and enforceable. Secondly, the repealed Regulation 133, which was replaced by Determination 2001, required the payment of an allowance to military members who sold their vehicles during a removal within Australia. This allowance was intended to compensate for the loss incurred by selling the vehicle rather than transporting it at public expense. Finally, the consequential amendments to regulations 134A, 134B, 134C, and 134E of the Military Financial Regulations ensure that the new Determination 2001 is properly integrated into the existing regulatory framework. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the legislation. However, as the repealed Regulation 133 and the new Determination 2001 are both Statutory Rules, any failure to comply with these rules could potentially result in legal action being taken against the relevant parties or entities. The consequences of such action would depend on the specific circumstances of the breach and the applicable laws and regulations. It is important for all parties and entities governed by the legislation to ensure that they are fully aware of and comply with the requirements set out in the Statutory Rules, in order to avoid any potential legal or financial repercussions.