Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 2231, titled "Military Financial Regulations (Amendment) Interim Determination 1981," was introduced to address gaps in the Military Financial Regulations concerning payments in lieu of leave and war service leave upon termination of service. This legislative instrument was enacted under the authority of the Minister of State for Administrative Services on behalf of the Minister of State for Defence, in accordance with section 12 of the Defence Amendment Act 1979. The policy objective of these amendments was to streamline and update the financial regulations governing the Australian Defence Force, ensuring that members receive appropriate compensation in specific circumstances. This interim determination came into effect on the same day as Determination 2699, which was made under section 58b of the Defence Act 1903.

Scope and Application

The Military Financial Regulations 1981 (Amendment) Interim Determination pertains to the modification of specific regulations within the Military Financial Regulations, specifically affecting the payment in lieu of leave on termination of service and the payment in lieu of war service leave. This determination applies to military personnel who are subject to the Defence Amendment Act 1979 and who are affected by the termination of their service or war service leave. The regulations set out in this interim determination are intended to take effect once the related Determination 2699 is made under the Defence Act 1903. The scope of this legislation is limited to the Commonwealth, meaning it applies nationwide and affects all military personnel within the Australian Defence Force. There are no stated exclusions or exemptions in this interim determination; however, its application is contingent upon the subsequent issuance of Determination 2699. The interim nature of this determination suggests that it may be subject to further amendments or revocations as part of the legislative process.

Key Provisions

This legislation, made under the authority of the Defence Amendment Act 1979, modifies the Military Financial Regulations through an interim determination. The primary changes involve the removal of certain sub-regulations related to pay in lieu of leave on termination of service and war service leave. Specifically, Regulation 17a(2a) and 17a(2b) are omitted, and Regulation 17c(2) and 17c(2a) are similarly removed. These amendments are effective from the date the other specified determination is made, as detailed in the Defence Act 1903. The obligations imposed by this legislation are primarily concerned with the administration of financial regulations within the military. These regulations govern the payment of compensation in lieu of leave to military personnel under specific circumstances, such as termination of service or war service leave. The amendments aim to streamline or update these provisions to reflect current policy or administrative practices within the Defence Force. The consequences of breaching these regulations are not explicitly detailed within the interim determination itself. However, the Military Financial Regulations, which these amendments pertain to, are likely to have their own provisions regarding penalties for non-compliance. Such penalties could range from administrative sanctions to more severe disciplinary actions, depending on the nature and severity of the breach. The exact penalties would be governed by the overarching regulations and Defence Force policies.