Statutory Rules
1976 No. 66
REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.
Dated this twelfth day of February, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
_______
Amendments of the Military Financial Regulations†
Child education allowance.
1. Regulation 159 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2) the figures “ $1,900 ” and substituting the figures “ $2,350 ”;
(b) by omitting from paragraphs (b) and (c) of sub-regulation (2) the figures “ $270 ” and substituting the figures “ $376.66 ”;
(c) by omitting from sub-regulation (2a) the figures “ $1,900 ” and substituting the figures “ $2,350 ”; and
(d) by omitting from sub-regulations (2d) and (2e) the figures “ $270 ” and substituting the figures “ $376.66 ”.
Application of amendments of regulation 159.
2. Child education allowance is payable in accordance with the provisions of regulation 159 of the Military Financial Regulations as amended by regulation 1 of these Regulations in respect of the attendance of a child at a school during the year that commenced on 1 January 1975 or a subsequent year.
* Notified in the Australian Government Gazette on 13 February 1976.
† Statutory Rules 1966, No. 35, as amended to date. For previous amendments of the Military Financial Regulations see footnote † to Statutory Rules 1976, No. 5 and see also Statutory Rules 1976, Nos. 5, 7, 11 and 58.
Overview
Statutory Rules 1976 No. 66, issued under the Defence Act 1903-1975, were enacted to adjust the child education allowance outlined in the Military Financial Regulations. This legislative instrument was developed to address the need for updating financial allowances for military families, ensuring that the costs associated with educating children are adequately covered. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Executive Council, and reflect a policy objective to maintain equitable and sufficient support for military personnel and their families. These amendments, effective from 1 January 1975, adjust the financial thresholds for child education allowances to better align with contemporary economic conditions.
Scope and Application
Statutory Rules 1976 No. 66, made under the Defence Act 1903-1975, pertains to amendments of the Military Financial Regulations, specifically concerning the child education allowance. This legislation applies to individuals, entities, and transactions involving the Australian Defence Force and its personnel, particularly those related to financial allowances within the defence sector. The geographic and jurisdictional reach of these regulations is national, as they are enacted under Commonwealth authority and apply to all members of the Australian Defence Force, wherever they are stationed within Australia. The amendments involve adjustments to the financial figures for child education allowances, with specific increases outlined for certain categories. These amendments extend to the attendance of children at schools starting from the year commencing on 1 January 1975 or any subsequent year. The regulations do not explicitly state any exclusions or exemptions, though they implicitly apply only to those who meet the criteria for child education allowance under the specified regulations. Additionally, the application of these amendments is not restricted or extended through subordinate instruments beyond the provisions outlined in the regulations themselves.
Key Provisions
The main operative sections of the Statutory Rules 1976 No. 66 are found in Regulation 1, which amends the Military Financial Regulations, specifically Regulation 159. Regulation 1 makes specific adjustments to the figures that determine the amount of child education allowance payable under Regulation 159 (1). This regulation specifies that the updated figures should replace the old ones for various sub-regulations, effectively increasing the allowance amount. Regulation 2 outlines the application of these amendments, clarifying that the increased child education allowance applies to school attendance starting from the year commencing 1 January 1975 onwards.
These regulations impose obligations on the relevant authorities and entities to ensure the updated figures are applied correctly when calculating and disbursing child education allowances. The Department of Defence and any associated financial officers must ensure the new figures are implemented in their calculations and payments as per Regulation 1. Furthermore, schools and families must comply with the criteria for eligibility and the conditions under which the allowance is payable, as stipulated in Regulation 159 of the Military Financial Regulations.
There are no explicit provisions within the text that mention offences, penalties, or civil/criminal consequences for breaches of these regulations. However, given the nature of financial regulations and the importance of accurate financial administration within the Defence Act framework, non-compliance could potentially lead to disciplinary action against the responsible officers or financial misconduct charges. Such actions would typically be pursued under other relevant legislative provisions rather than directly within these regulations.