Military Financial Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979, enacted on 6 June 1980, is a legislative instrument designed to address specific gaps within the Military Financial Regulations. This Interim Determination was made by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, under section 12 of the Defence Amendment Act 1979. Its primary purpose was to amend certain regulations concerning child allowances and travel on duty within the military context. The policy objective was to ensure that the financial regulations governing the Australian Defence Force remained current and reflective of the changing needs and circumstances of service personnel and their families.

Scope and Application

This Interim Determination, issued under the Defence Amendment Act 1979, pertains specifically to the Military Financial Regulations and affects the financial entitlements of military personnel. The determination applies to the members of the Australian Defence Force, including both regular and reserve forces, as well as their dependents, insofar as financial regulations are concerned. Geographically, its reach is limited to the Commonwealth of Australia, as it concerns federal military regulations. The amendments include changes to child allowances, removing the marital status criterion, and broadening the scope of travel on duty to include commands in addition to military districts. The Interim Determination is designed to provide immediate effect to these changes, pending further legislative refinement. It does not explicitly state exclusions or thresholds but operates within the existing framework of military financial regulations. The authority to extend or restrict the application of these regulations is reserved through subordinate instruments, ensuring that the provisions can be adapted to evolving circumstances.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979, found in Statutory Rules 1980 No. 158, involve amendments to the Military Financial Regulations. Specifically, Regulation 158 is altered to remove references to marital status in the child allowance provisions, and Regulation 212 is modified to extend the definition of "Military District" to include "or of a Command." These amendments aim to update the financial regulations governing military personnel to reflect changes in policy or administrative structure. Under the new regulations, the obligations of military personnel and the Defence force are adjusted to accommodate the changes in child allowance and travel on duty provisions. For example, the removal of marital status from the child allowance criteria suggests a more inclusive approach, ensuring that all eligible children are covered under the allowance regardless of the parents' marital status. Similarly, the inclusion of "Command" in the definition of "Military District" for travel on duty purposes likely expands the scope of duty travel entitlements, ensuring that personnel under command structures are not disadvantaged compared to those in traditional military districts. The Interim Determination also outlines the potential consequences for non-compliance with the new regulations. While specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is reasonable to infer that breaches of these financial regulations could result in administrative penalties, including financial sanctions or disciplinary actions against the offending personnel. The exact nature and severity of these penalties would typically be further defined in the overarching Defence Force regulations and disciplinary codes. In summary, the Interim Determination under the Defence Amendment Act 1979 modifies the Military Financial Regulations to remove marital status as a criterion for child allowance and to include "Command" in the definition of "Military District" for travel on duty. These changes necessitate adjustments in how financial entitlements are administered and could result in penalties for non-compliance, although the specifics of these penalties are not detailed in the provided text.