EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 225
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE MILITARY FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 128 of the Military Financial Regulations (MFR) provides for the payment of a rental allowance to a member of the Defence Force or, where a member dies, to a member of his family, in certain circumstances where the member occupies premises other than married quarters.
The rate of the allowance is the difference between the amount the Minister considers to be a fair and reasonable rent for the premises and the rent the member would be required to pay under MFR 253 if he were allocated married quarters.
From 17 November 1983, an additional interim rent scale has been introduced to apply to certain new married quarters built to interim scales and standards. It is therefore necessary to specify which of the two scales approved under MFR 253 is to apply in the calculation of rental allowance under MFR 128.
This Interim Determination makes the necessary amendment to MFR 128 and is effective on and from 17 November 1983.
Overview
The Military Financial Regulations Amendment (No. 2) 2004 was enacted to address discrepancies in the calculation of rental allowances for members of the Defence Force under the Military Financial Regulations (MFR). The Defence Amendment Act 1979 empowers the Minister for Defence to make interim determinations that amend or repeal regulations, and this particular amendment was issued under that authority. The purpose of this legislation is to clarify which rent scale should be applied in the calculation of rental allowances when members occupy premises other than married quarters, specifically in light of new interim rent scales introduced for certain newly constructed married quarters. This amendment ensures that the correct rent scale is used, thus maintaining fairness and accuracy in the payment of allowances.
Scope and Application
The Military Financial Regulations Amendment (Rental Allowance) Statutory Rules 1983 apply to members of the Australian Defence Force and their families, particularly those who occupy premises other than the married quarters provided by the Defence Force. This legislation, issued under the authority of the Minister for Defence, amends Regulation 128 of the Military Financial Regulations, which governs the payment of rental allowances. The allowance is calculated based on the difference between the fair and reasonable rent for the occupied premises and the rent that would be applicable if the member were allocated married quarters. The amendment comes into effect from 17 November 1983 and clarifies which rent scale should be used in calculating the rental allowance, particularly for new married quarters built to interim scales and standards. This legislation has a national jurisdictional reach as it pertains to Defence Force members across Australia and is subject to the overarching Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations.
Key Provisions
The main operative sections of the Statutory Rules 1983 No. 225, issued under the authority of the Minister for Defence, pertain specifically to the amendment of the Military Financial Regulations (MFR) in relation to the payment of a rental allowance to members of the Defence Force and their families. Regulation 128, as amended, now specifies the method for calculating the rental allowance, which is the difference between a fair and reasonable rent and the rent the member would pay if allocated married quarters (MFR 253). The amendment clarifies which rent scale applies to new married quarters built to interim scales and standards, effective from 17 November 1983. This amendment ensures that the correct interim rent scale is used when determining the rental allowance.
The Act imposes obligations on the parties involved to adhere to the specified rent scales when calculating the rental allowance. Members of the Defence Force and their families who occupy premises other than married quarters are entitled to this allowance under certain conditions. The Minister for Defence must ensure that the fair and reasonable rent is accurately determined and that the correct interim rent scale is applied to married quarters, as outlined in the amended Regulation 128. This ensures that the calculation of the rental allowance is transparent and fair.
In the event of a breach of the regulations or failure to comply with the requirements set out in the amended MFR 128, there may be civil or administrative consequences. While the explanatory statement does not explicitly detail specific offences or penalties, breaches of regulations governing financial matters within the Defence Force could potentially lead to disciplinary action, financial penalties, or other corrective measures as deemed necessary by the relevant authorities. The precise consequences would depend on the nature and severity of the breach, as well as the specific provisions of the Defence Force Discipline Act and other applicable laws.