EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 369
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 126, 127 and 128 of the Military Financial Regulations provide for payment of accommodation and rental allowances to married members of the Defence Force who are obliged to occupy rented accommodation prior to or on removal to a new locality.
These regulations have been replaced by Determinations 0503, Defence Force Rental Expense Assistance Allowance and 0504, Temporary Accommodation Allowance, made by the Minister under section 58B of the Defence Act 1903.
This determination repeals regulations 126, 127 and 128 with effect from the date of making of Determinations 0503 and 0504.
Overview
The Statutory Rules 1984 No. 369, issued under the authority of the Minister for Defence, amends the Military Financial Regulations to repeal certain regulations concerning the payment of accommodation and rental allowances to married members of the Defence Force. Enacted to address the gap in the financial support provided to Defence Force members when relocating, this amendment follows the introduction of Determinations 0503, Defence Force Rental Expense Assistance Allowance, and 0504, Temporary Accommodation Allowance, made by the Minister under section 58B of the Defence Act 1903. These new determinations offer a revised framework for the allowances previously governed by regulations 126, 127, and 128. The policy objective is to ensure that Defence Force members receive adequate financial assistance during periods of relocation, thereby supporting their welfare and operational readiness.
Scope and Application
The Military Financial Regulations, as amended by the Statutory Rules 1984 No. 369, apply to married members of the Australian Defence Force who are required to occupy rented accommodation prior to or during relocation to a new location. This legislation provides for the payment of accommodation and rental allowances to these members. The application of this Act is specific to the Commonwealth level, governing the financial support for Defence Force members in their transition to new living arrangements. The regulations have been repealed and replaced by Determinations 0503 and 0504 made under the Defence Act 1903, which took effect from the date of their issuance. These determinations now govern the allowance and support for Defence Force members in such situations, effectively updating and replacing the previously applicable regulations.
Key Provisions
The Military Financial Regulations, specifically sections 126, 127 and 128, which previously provided for the payment of accommodation and rental allowances to married members of the Defence Force, have been repealed and replaced by new Determinations 0503 and 0504, issued by the Minister for Defence (Section 12 of the Defence Amendment Act 1979). These new Determinations 0503, Defence Force Rental Expense Assistance Allowance, and 0504, Temporary Accommodation Allowance, made under section 58B of the Defence Act 1903, are effective from the date they were made. The new Determinations now govern the payment of allowances for accommodation and rental expenses for Defence Force members, superseding the previous regulations.
The obligations and requirements imposed by the new Determinations 0503 and 0504 include clear guidelines on the eligibility criteria for married Defence Force members who are required to occupy rented accommodation either before or upon relocation to a new location. These Determinations set out the specific conditions under which allowances are payable, ensuring that members who meet the criteria are appropriately supported financially. The provisions also detail the process for applying for and receiving these allowances, including the necessary documentation and timelines for submission.
The new Determinations do not explicitly list offences, penalties, or civil/criminal consequences for breach within their text. However, breaches of any Defence-related regulations could potentially lead to disciplinary action against Defence Force members, as well as administrative or legal actions under the Defence Act 1903. The specific consequences would depend on the nature and severity of the breach, but could include fines, penalties, or other corrective measures deemed appropriate by the relevant authorities.
In summary, the replacement of the Military Financial Regulations sections 126, 127 and 128 by Determinations 0503 and 0504 introduces updated provisions for the payment of accommodation and rental allowances to Defence Force members. These new Determinations provide clear guidelines and processes for eligibility and application, while the potential consequences for non-compliance are subject to the broader Defence Act 1903 and Defence Force regulations.