Military Financial Regulations (Amendment)

Overview

The Defence Amendment Act 1979, enacted by the Parliament of Australia, aimed to address specific gaps in the financial provisions governing defence force reserves. This legislation facilitated the amendment of existing regulations to ensure the financial support for reservists, including parachutists, was appropriately structured and maintained. The Interim Determination under section 12 of the Defence Amendment Act 1979, made on 7 March 1980 by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, introduced modifications to the Defence Force (Reserves) (Financial) Regulations. The policy objective was to ensure that the financial regulations were aligned with the operational needs of reservists, particularly regarding allowances for parachutists. The Interim Determination amended the Military Financial Regulations to reflect the new allowances and conditions for reservists, ensuring that the financial support mechanisms were both effective and responsive to the needs of the defence force.

Scope and Application

This legislation, titled "Statutory Rules 1980 No. 45 INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 1979," pertains to specific amendments within the Military Financial Regulations, particularly those concerning allowances for parachutists in the defence force reserves. The Act applies to the financial regulations governing the Defence Force, specifically targeting the allowances provided to parachutists. This interim determination is made under section 12 of the Defence Amendment Act 1979 by the Minister of State for Administrative Services on behalf of the Minister of State for Defence. The amendments outlined in this statutory rule impact the financial entitlements of individuals within the defence force reserves who are classified as parachutists, effectively modifying the regulations while certain determinations remain in force. The jurisdictional reach of this legislation is within the Commonwealth of Australia, and it applies to any entities or individuals affected by the specified financial regulations. No specific exclusions or exemptions are noted in this text, and its application is confined to the financial allowances specified in the Military Financial Regulations.

Key Provisions

The main operative sections of this legislation are those which amend the Military Financial Regulations, specifically Regulation 34 and Regulation 203. The amendments state that these regulations shall not have effect while Determination 0108, Parachutist Allowance made under section 58B of the Defence Act 1903, is in force (sub-regulation 1(8) and sub-regulation 2(3) respectively). This effectively means that while the Parachutist Allowance is in effect, certain financial regulations regarding military allowances will be suspended. The obligations imposed by this legislation are primarily on those responsible for administering the financial aspects of the Defence Force Reserves. They must ensure that the relevant regulations do not apply during the period that the Parachutist Allowance is in force. This includes ensuring that any financial benefits or allowances that would normally be provided under the Military Financial Regulations are not applied to those receiving the Parachutist Allowance. There are no explicit offences, penalties, or consequences for breach mentioned in this legislation. However, failure to comply with the requirements could potentially lead to administrative errors or financial discrepancies. It is essential for those administering the financial aspects of the Defence Force Reserves to ensure that they are aware of the suspension of certain regulations while the Parachutist Allowance is in effect, to avoid any unintended consequences. The maximum penalties for any such breaches would depend on the specific circumstances and any relevant legislation or regulations that may apply.