Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1985 No. 20, issued by the authority of the Minister for Defence, represent an amendment to the Military Financial Regulations. Enacted under Section 12 of the Defence Amendment Act 1979, these rules address a gap in the regulatory framework by repealing Regulation 154, which previously governed the Overseas Settling-In Allowance. This repeal is necessitated by the introduction of Determination 3711, which was made under section 58B of the Defence Act 1903 and provides a tri-Service approach to the Settling In and Settling Out Allowance. The policy objective, as implied in the text, is to streamline and harmonise the financial regulations governing allowances for Defence personnel, ensuring consistency and fairness across all branches of the military.

Scope and Application

The Statutory Rules 1985 No. 20, issued under the authority of the Minister for Defence, pertain to the amendment of the Military Financial Regulations, specifically addressing the Oversea Settling-In Allowance. This legislation applies to members of the Australian Defence Force who are entitled to or claim the Oversea Settling-In Allowance. The scope of the Act encompasses all individuals within the Defence Force who are affected by the allowance, thereby impacting their financial entitlements related to overseas postings. The regulatory change extends across the Commonwealth of Australia, affecting the entire Defence Force uniformly. Notably, the Act repeals regulation 154 of the Military Financial Regulations and replaces it with Determination 3711, Settling In and Settling Out Allowance, which was made under section 58B of the Defence Act 1903. This replacement takes effect from the date Determination 3711 is enacted, ensuring that the allowance structure is updated in accordance with the new regulatory framework.

Key Provisions

The Military Financial Regulations have undergone a significant amendment as outlined in the Statutory Rules 1985 No. 20, issued under the authority of the Minister for Defence. Specifically, section 12 of the Defence Amendment Act 1979 authorises the Minister to make interim determinations that amend or repeal existing regulations. This authority has been exercised to replace Regulation 154, which pertains to the Overseas Settling-In Allowance, with a new tri-Service determination, Determination 3711, titled "Settling In and Settling Out Allowance." This change was made under section 58B of the Defence Act 1903. The Statutory Rules therefore effectively repeal Regulation 154 from the date Determination 3711 is enacted. The obligations and requirements imposed by these Statutory Rules primarily involve the administrative transition from Regulation 154 to Determination 3711. Defence personnel and administrative bodies must now adhere to the new determination, which likely includes revised criteria, eligibility conditions, and procedural guidelines for the Settling In and Settling Out Allowance. This transition necessitates the updating of relevant records, communication of changes to affected personnel, and potentially retraining of staff to ensure compliance with the new framework. The primary requirement is that all actions and decisions relating to the Settling In and Settling Out Allowance must now comply with Determination 3711. In terms of potential breaches and their consequences, the Statutory Rules themselves do not explicitly outline offences or penalties. However, failure to comply with the new Determination 3711 could lead to administrative consequences such as the denial of allowances, financial discrepancies, or other corrective measures deemed necessary by the Defence authorities. Given the nature of Defence regulations, non-compliance could also lead to disciplinary action against personnel or administrative staff found to be negligent or deliberately in breach of the new requirements. The exact nature and severity of these consequences would be determined on a case-by-case basis, considering factors such as the extent of the breach and any resulting impact on Defence operations or personnel.