Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 57, issued under the Defence Amendment Act 1979, was enacted to address specific financial regulation gaps within the Australian Defence Force concerning allowances. This legislative instrument, dated 11 March 1980 and made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, aims to modify the Military Financial Regulations. The primary policy objective is to ensure that financial allowances, such as diving allowances, are accurately regulated and managed within the Defence Force's financial structure. This interim determination ensures that Regulation 205 of the Military Financial Regulations does not conflict with Determination 0111, Diving Allowance, which was made under the Defence Act 1903. The regulation was published in the Commonwealth of Australia Gazette on 21 March 1980 and amends the existing statutory rules to align with the Defence Act 1903.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to the amendment of the Military Financial Regulations, specifically Regulation 205, which pertains to diving allowance. The regulation is pertinent to personnel within the Australian Defence Force (ADF) who are eligible for diving allowances. The scope of this legislative instrument is confined to the financial regulations governing allowances within the ADF, and it is applicable to all members of the ADF who may be entitled to such allowances. The jurisdictional reach of this Act is federal, as it pertains to the Commonwealth of Australia and its Defence Force. There are no explicit exclusions mentioned in the text, but the regulation's effect is negated while Determination 0111, Diving Allowance, made under section 58B of the Defence Act 1903, is in force. The application of the Act can be further defined or modified through subordinate instruments issued under the authority of the Defence Amendment Act 1979.

Key Provisions

The primary operative section of this Interim Determination is section 2, which amends Regulation 205 of the Military Financial Regulations (MFR) by adding a new sub-regulation (6). This new sub-regulation stipulates that Regulation 205 will not be in effect while Determination 0111, Diving Allowance, made under section 58B of the Defence Act 1903, is in force. This amendment directly affects the financial regulations governing military personnel, particularly those related to diving allowances. The obligations and requirements imposed by this Interim Determination are primarily directed at ensuring that military financial regulations align with the provisions of Determination 0111. By adding sub-regulation (6), the Interim Determination mandates that the diving allowance specified in Determination 0111 supersedes Regulation 205 of the MFR. This means that any financial provisions concerning diving allowances for military personnel must now be governed by the terms of Determination 0111 rather than Regulation 205. There are no explicit offences, penalties, or consequences for breach stated within this Interim Determination. However, non-compliance with the provisions of Determination 0111 or the Interim Determination itself could potentially lead to administrative or legal repercussions under the Defence Act 1903 or other related legislation. The Interim Determination serves to clarify the application of financial regulations and ensure consistency and compliance within the military framework.