Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 251, made under the Defence Amendment Act 1979, aims to update and refine military financial regulations, particularly in relation to allowances and benefits for military personnel. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, this interim determination seeks to address gaps and inconsistencies within existing regulations. The primary policy objective is to ensure that military financial regulations are current, equitable, and reflective of the needs of military families, particularly in the context of educational provisions for children of service members. This legislative instrument repealed several outdated regulations and introduced amendments to ensure that the educational needs of all children, including those with disabilities, are appropriately addressed. The changes are designed to take effect from 19 March 1980, ensuring that affected personnel and their families are promptly informed of the new provisions.

Scope and Application

This Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, pertains to the amendment of the Military Financial Regulations. The application of these regulations is specifically directed towards the financial matters and allowances related to the Australian Defence Force, encompassing both personnel and their families. The changes outlined in the Interim Determination impact the education allowance provisions and the application of certain regulations concerning financial allowances for military personnel. The scope of the amendment includes the repeal of several specific regulations and the modification of others to extend the applicability of educational allowances to handicapped children in any locality, rather than just the locality where the child was previously removed to. This legislative instrument is a Commonwealth measure, thereby extending its jurisdictional reach across Australia, and applies to all members of the Australian Defence Force and their families who are affected by the financial regulations. The regulations as amended apply to school attendance from 19 March 1980 onwards, signifying a temporal limitation to their application.

Key Provisions

The main operative sections of this Interim Determination under the Defence Amendment Act 1979, as outlined in clauses 1 to 3, primarily focus on amendments to the Military Financial Regulations. Clause 1 repeals several specific regulations (33, 33A, 34, 65, 66, 68, 69, and 203) of the Military Financial Regulations. Clause 2 introduces an amendment to Regulation 131 by adding a new provision allowing for an education allowance for a handicapped child in any locality, not just where the child was previously removed to. Clause 3 specifies that the amended regulations apply to school attendance on or after 19 March 1980. These sections collectively revise certain financial regulations related to military personnel, particularly focusing on education allowances for handicapped children. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with adherence to the amended regulations. Military personnel and their families who are affected by the repealed and amended regulations must comply with the new provisions regarding education allowances, particularly for handicapped children. This means that the Defence Force and its members must ensure that any applicable education allowances are administered in accordance with the newly inserted clause in Regulation 131. The application of these changes is specifically tied to school attendance dates, necessitating that the Defence Force and relevant educational institutions be aware of and implement these changes from 19 March 1980 onwards. In terms of offences, penalties, or civil/criminal consequences for breach, the Interim Determination does not explicitly outline specific penalties within the text. However, breaches of regulations that govern financial allowances and benefits can potentially lead to administrative or legal consequences under the broader Defence Force regulations and relevant administrative laws. The penalties for non-compliance could include financial restitution, administrative sanctions, or other corrective actions as deemed necessary by the Defence Force authorities. The precise penalties would be determined based on the severity and nature of the breach, in line with the Defence Force's disciplinary and administrative procedures.