EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 207
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 158 of the Military Financial Regulations provides for the payment of Child Allowance to members of the Defence Force serving overseas on long term duty to meet the additional costs of maintaining their children in the country of posting compared with Australia. Regulations 162 and 162A of the Military Financial Regulations provide for continued payment of certain overseas allowances where a member returns to Australia in advance of his family and where a member takes recreation leave immediately after completing an overseas posting.
These Statutory Rules -
a. repeal regulation 158 and omit the reference to Child Allowance from regulation 162 as the provisions of these regulations have been replaced by Determination 3724, Child Allowance, made under section 58B of the Defence Act 1903; and
b. omit the reference to Child Allowance from regulation 162A as the provisions of this regulation, with respect to Child Allowance, have been included in Determination 2601, Recreation Leave, made under section 58B of the Defence Act 1903.
These Statutory Rules also repeal regulations 166 and 168 of the Military Financial Regulations and omit the reference to regulation 166 from regulations 169A, 169B, 169C and 169E. Regulation 166 is redundant and regulation 168 is superfluous.
The date of effect of these Statutory Rules is the date of making of Determination 3724, Child Allowance, made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 207, issued under the authority of the Minister for Defence, represents an amendment to the Military Financial Regulations. Enacted to address the need for streamlined and updated financial regulations for members of the Defence Force, particularly concerning allowances and payments related to overseas service, these Statutory Rules were introduced pursuant to section 12 of the Defence Amendment Act 1979. The overarching policy objective is to ensure that the regulations governing financial entitlements for Defence Force members are consistent with current operational requirements and legislative frameworks, particularly those outlined in the Defence Act 1903. The modifications include the repeal and omission of certain regulations pertaining to Child Allowance and other overseas allowances, aligning them with more recent determinations that better reflect the needs and circumstances of service members.
Scope and Application
The Statutory Rules 1984 No. 207, issued under the authority of the Minister for Defence, amends the Military Financial Regulations through the Defence Amendment Act 1979. Specifically, these rules repeal regulation 158 concerning Child Allowance for Defence Force members serving overseas and remove references to Child Allowance from regulations 162 and 162A, as these provisions have been superseded by Determinations 3724 and 2601 made under the Defence Act 1903. Additionally, the rules repeal regulations 166 and 168 and omit references to regulation 166 from regulations 169A, 169B, 169C, and 169E, as regulation 166 is now redundant and regulation 168 is superfluous. The changes apply to Defence Force members, specifically those serving overseas and their families, and are intended to streamline and update the financial provisions related to service members' allowances and benefits. These Statutory Rules take effect from the date of making of Determination 3724, Child Allowance, under the Defence Act 1903.
Key Provisions
The main operative sections of these Statutory Rules focus on the repeal and omission of certain regulations related to financial allowances within the Military Financial Regulations. Specifically, regulation 158, which pertained to the payment of Child Allowance to Defence Force members serving overseas, has been repealed as it has been replaced by Determination 3724, Child Allowance, made under section 58B of the Defence Act 1903 (Section a). Similarly, references to Child Allowance in regulations 162 and 162A have been omitted because the relevant provisions have been incorporated into Determination 2601, Recreation Leave, also made under section 58B of the Defence Act 1903 (Sections a and b). Furthermore, regulations 166 and 168 have been repealed, and the reference to regulation 166 has been omitted from several other regulations as these provisions have become redundant or superfluous.
The obligations and requirements imposed by these Statutory Rules primarily involve ensuring that Defence Force members and their families are aware of the changes in the regulations concerning Child Allowance and related financial provisions. The repeal and omission of specific regulations necessitate updated communication and administrative processes within the Defence Force to reflect these changes. Defence Force members and their families must now refer to Determination 3724 and Determination 2601 for relevant information regarding Child Allowance and Recreation Leave. Additionally, the administrative units within the Defence Force must ensure that the omitted references are no longer used in any financial calculations or documentation.
Failure to comply with these Statutory Rules could result in incorrect financial administration for Defence Force members and their families, potentially leading to financial discrepancies or errors in allowance payments. While the Statutory Rules do not explicitly outline specific penalties for non-compliance, breaches of the Defence Act 1903 or Military Financial Regulations could result in disciplinary action, financial penalties, or other consequences as deemed appropriate by the relevant authorities. It is important for all parties involved to familiarise themselves with the updated Determinations to ensure accurate and lawful administration of financial allowances.