Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 3141, titled "Military Financial Regulations (Amendment)", was enacted in 1981 to address the need for updating the financial allowances related to education for military personnel. This legislation was introduced under the authority of the Defence Amendment Act 1979, and it was made by the Minister of State for Administrative Services, Kevin Newman, acting on behalf of the Minister of State for Defence. The policy objective was to adjust the financial support provided for the education of military personnel's children, ensuring these allowances remained relevant and adequate in light of the new academic year commencing on 1 January 1981. This amendment aimed to reflect changes in costs and ensure fair compensation for military families.

Scope and Application

The Military Financial Regulations 1966, as amended by Statutory Rules 1981 No. 314, apply to members of the Australian Defence Force, including both regular and reserve personnel, and their families. This legislative instrument pertains to financial matters, specifically the education and child education allowances for Defence Force members. The regulations govern the conditions under which these allowances are payable and the criteria that determine eligibility. The amendments set out in this instrument are applicable nationwide, affecting all members of the Australian Defence Force, regardless of location within Australia. The regulations do not specify any exclusions, exemptions, or thresholds beyond the eligibility criteria outlined within the regulations themselves. The application of these regulations can be further extended or restricted through subordinate instruments as deemed necessary by the Minister of State for Administrative Services on behalf of the Minister of State for Defence.

Key Provisions

The main provisions of this legislation involve amendments to the Military Financial Regulations, specifically to Regulations 131 and 159. These regulations pertain to the education allowance and child education allowance, respectively. The changes include substituting certain figures within the regulations to reflect updated amounts. For instance, in Regulation 131, the figures “410” and “1630” are replaced with “440” and “1865” respectively, while in Regulation 159, similar substitutions are made to update the figures from “410” to “440”, “1630” to “1865”, and so on. These amendments ensure that the education and child education allowances are updated to reflect current financial standards. The obligations imposed by this Act are primarily administrative. It mandates that the updated figures within Regulations 131 and 159 be applied when determining the education and child education allowances. This means that these updated amounts must be used in calculations for any applications related to the attendance of children at secondary schools or other educational institutions from the year commencing 1 January 1981 onwards. The onus is on the relevant authorities to ensure that these new figures are accurately applied in their financial calculations and disbursements. There are no specific offences, penalties, or consequences outlined in the text for breaches of these regulations. However, it is reasonable to infer that any failure to comply with the updated regulations could lead to administrative consequences. For example, incorrect application of the new figures might result in improper allowances being paid or withheld, which could necessitate corrective actions and potentially lead to financial discrepancies that would need to be rectified. While the text does not detail specific penalties, adherence to these updated regulations is crucial to ensure the correct administration of allowances.