Military Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 279, issued under the authority of the Minister for Defence, pertains to the amendment of the Military Financial Regulations. This legislation was enacted to address the need for updating and replacing outdated regulations regarding the payment of Child Education Allowance to Army members posted overseas. The Defence Amendment Act 1979 authorised the Minister to make interim determinations that amend or repeal regulations, with these interim determinations deemed to be Statutory Rules. In this instance, regulation 159 of the Military Financial Regulations, which originally governed the Child Education Allowance, has been repealed and replaced by a tri-Service Determination 3726. The effect of these Statutory Rules takes place from the date Determination 3726 is made, ensuring that the regulations governing the Child Education Allowance are current and aligned with contemporary administrative practices.

Scope and Application

The Military Financial Regulations Amendment (Child Education Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, pertain to the amendment of specific regulations concerning the payment of Child Education Allowance to members of the Australian Defence Force. These regulations apply to eligible members of the Army, Navy, and Air Force who are posted overseas, with a particular focus on those who have children enrolled in school in Australia or Britain during their posting. The geographic scope of these regulations is inherently national, as they involve members of the Australian Defence Force and their dependents, with the allowances being administered under the Defence Act 1903. These Statutory Rules effectively repeal the previous regulation 159, replacing it with the tri-Service Determination 3726, Child Education Allowance, which was made under section 58B of the Defence Act 1903. The application of these regulations becomes effective from the date that Determination 3726 is enacted, marking a shift in the administration and criteria for Child Education Allowance under the auspices of the Australian Defence Force.

Key Provisions

The primary operative sections of these Statutory Rules, as referenced in Statutory Rules No. 279 of 1984, pertain to the amendment of existing regulations concerning the Military Financial Regulations (section 12 of the Defence Amendment Act 1979). Specifically, section 1 of the Statutory Rules repeals Regulation 159, which was previously in charge of the payment of Child Education Allowance to Army members posted overseas. This regulation has been replaced by a new tri-Service Determination 3726, Child Education Allowance, made under section 58B of the Defence Act 1903. The repeal of Regulation 159 takes effect from the date Determination 3726 is made, as stated in section 2 of the Statutory Rules. The Act imposes specific obligations and requirements on the parties involved, particularly the Minister for Defence. The Minister is authorised to make interim determinations that amend or repeal regulations under section 12 of the Defence Amendment Act 1979. These interim determinations are deemed to be Statutory Rules. Furthermore, the new Determination 3726, Child Education Allowance, must be implemented and followed by all relevant parties to ensure compliance with the updated regulations. In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not explicitly state penalties for non-compliance with the new Determination 3726. However, breaches of military regulations can have serious implications under the Defence Act 1903, which governs the conduct and obligations of military personnel. Non-compliance with Defence Act provisions could potentially result in disciplinary actions, financial penalties, or other administrative consequences as deemed appropriate by the relevant authorities. The exact penalties would depend on the severity of the breach and the specific circumstances surrounding it.