Statutory Rules
1979 No. 302
REGULATION UNDER THE DEFENCE ACT 19031
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.
Dated this twentieth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services for and on behalf of the
Minister of State for Defence
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AMENDMENTS OF THE MILITARY FINANCIAL REGULATIONS2
Payment in lieu of war service leave
Regulation 17c of the Military Financial Regulations is amended—
(a) by omitting from sub-regulation (2) “member’s dependants of an amount equal to” and substituting “dependant or dependants, or the legal personal representative, of the member of an amount equal to, or amounts equal in the aggregate to,”;
(b) by inserting after sub-regulation (2) the following sub-regulation:
“(2a) Where, upon the death of a member, an amount payable under sub-regulation (2) would be bona vacantia, that sub-regulation does not authorize that amount to be paid in relation to the member.”; and
(c) by omitting from sub-regulation (3) “to a member or to the dependants of a member”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 27 December 1979.
2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 7 and see also Statutory Rules 1979 Nos. 7, 27, 47, 85, 128, 131, 137, 153, 241, 258 and 266.
Overview
Statutory Rules 1979 No. 302, made under the Defence Act 1903, was enacted to amend the Military Financial Regulations concerning the payment of war service leave to members of the Australian Defence Force and their dependants. This regulation was issued by the Governor-General, acting on the advice of the Federal Executive Council, to address issues surrounding the administration of payments in the event of a member's death. The overarching policy objective of these amendments is to ensure that financial benefits are correctly allocated and that payments do not become assets that are unclaimable or "bona vacantia". The regulation specifically seeks to clarify who is eligible for payment in the event of a member's death and to prevent payments from being inadvertently left unclaimed.
Scope and Application
The Statutory Rules 1979 No. 302, made under the Defence Act 1903, pertains to amendments of the Military Financial Regulations, specifically focusing on payment in lieu of war service leave. This legislative instrument applies to members of the defence force, their dependants, or their legal personal representatives. The regulation clarifies and adjusts the provisions regarding payments that were initially outlined in Regulation 17c of the Military Financial Regulations. It provides an amendment to the eligibility criteria for receiving such payments, ensuring that the benefits extend to dependants or legal personal representatives upon the death of a member, while also excluding any payments that would be considered bona vacantia. The regulation’s scope is confined to financial arrangements within the Australian Defence Force, affecting both active and deceased members and their dependants. The regulation operates within the Commonwealth jurisdiction, ensuring consistency and compliance with federal laws.
Key Provisions
The regulation primarily amends Regulation 17c of the Military Financial Regulations under the Defence Act 1903, altering provisions related to payments in lieu of war service leave. Section 17c(2) now specifies that payments can be made to a member’s dependants or their legal personal representative, rather than just the member’s dependants. This change broadens the scope of who can receive these payments. Additionally, section 17c(2a) introduces a new sub-regulation stating that if, upon the death of a member, the amount payable would become bona vacantia, that sub-regulation does not authorise the payment in relation to the member. This ensures that payments are not made when there are no rightful beneficiaries. Finally, section 17c(3) is amended to remove the phrase “to a member or to the dependants of a member,” streamlining the language to focus on the new categories of beneficiaries.
These changes impose specific obligations on military personnel and their dependants, as well as on legal personal representatives. Military personnel must now ensure that their dependants or legal personal representatives are aware of their eligibility for payments under the amended regulation. Dependants and legal personal representatives must be prepared to claim payments if they fall within the new categories specified in section 17c(2). The regulation also requires that payments are not made if the amount would become bona vacantia, as per section 17c(2a). These obligations aim to ensure that payments are made to rightful beneficiaries and that funds are not misallocated.
Failure to comply with the provisions of this regulation may result in legal consequences. For instance, if payments are made in circumstances where they are not authorised by section 17c(2a), such as when the amount would be bona vacantia, this could be considered a breach of the regulation. Such breaches could potentially lead to civil or administrative penalties, though the specific penalties are not detailed in the regulation itself. The broader Defence Act 1903 and related legislation would need to be consulted to determine the exact nature and extent of any penalties for non-compliance with these provisions.