Statutory Rules
1980 No. 46
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this sixth day of March 1980.
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the Minister of State for Defence
Amendments of the Military Financial Regulations2
Education allowance
1. Regulation 131 of the Military Financial Regulations is amended —
(a) by omitting from paragraph (a) of sub-regulation (2A) “320” and substituting “410”;
(b) by omitting from paragraph (a) of sub-regulation (2A) “1430” and substituting “1435”;
(c) by omitting from paragraph (b) of sub-regulation (2A) “500” and substituting “610”;
(d) by omitting from paragraph (b) of sub-regulation (2A) “1575” and substituting “1715”; and
(e) by omitting from sub-regulation (2B) “1475” and substituting “1605”.
Application
2. Education Allowance is payable in accordance with the provisions of regulation 131 of the Military Financial Regulations, as amended by paragraphs (b), (d) and (e) of clause 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1979 and during any subsequent year.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 March 1980.
2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 30 and see also Statutory Rules 1980 Nos. 30, 33 and 45.
Overview
The Statutory Rules 1980 No. 46, made under section 12 of the Defence Amendment Act 1979, establish an interim determination to address issues within the Military Financial Regulations concerning education allowances for Defence personnel. Enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, these rules were issued to rectify specific financial provisions in the Military Financial Regulations, particularly those affecting education allowances for the academic year starting on 1 January 1979. The policy objective underpinning this legislative instrument is to ensure that military personnel receive appropriate financial support for their children's education, thereby maintaining the welfare and effectiveness of Defence forces.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979, specifically Statutory Rules 1980 No. 46, pertains to amendments of the Military Financial Regulations concerning education allowances. This legislative instrument applies to members of the Australian Defence Force, or ADF, and their families, particularly in the context of education allowances for children attending school. The changes to regulation 131 of the Military Financial Regulations, as outlined in the Determination, are effective for the financial year beginning 1 January 1979 and continue to apply in subsequent years. The scope of this legislation is limited to adjustments in the monetary figures for various categories of education allowance, as detailed in the amendment clauses. The jurisdictional reach of this legislation is confined to the Commonwealth of Australia, and it does not explicitly mention any exclusions, exemptions, or thresholds beyond the specified financial year. The application of this interim determination is limited to the education allowance provisions and does not extend to other aspects of military financial regulations unless further specified by subsequent legislation or amendments.
Key Provisions
The key operative sections of the Statutory Rules 1980 No. 46, made under the Defence Amendment Act 1979, primarily concern amendments to the Military Financial Regulations. Specifically, Regulation 131 has been altered in several ways, particularly focusing on the education allowance for children of military personnel. The amendments (sections 1(a) to 1(e)) involve the substitution of specific figures within sub-regulation (2A) and sub-regulation (2B) to reflect updated financial allowances. These changes mean that the education allowance is now payable based on the revised figures for the year starting 1 January 1979 and any subsequent years (section 2).
The Interim Determination imposes certain obligations on the parties governed by these regulations. For instance, the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, is responsible for ensuring that the updated education allowance figures are applied correctly. This includes verifying that the appropriate financial support is provided to military personnel based on the new figures stipulated in the amended regulation. Additionally, the relevant authorities within the Defence Department must ensure that all financial transactions related to the education allowance comply with the updated regulations.
Any breach of the provisions outlined in this Statutory Rules instrument could lead to various consequences. While the specific offences, penalties, or consequences are not detailed in the text, it is generally understood that failure to comply with statutory rules governing financial allowances for military personnel could result in administrative penalties. This might include financial repercussions for the affected parties, such as the withholding of benefits or additional administrative costs. Furthermore, continued non-compliance could potentially lead to more severe legal consequences, including investigations by relevant authorities and possible legal action against individuals or entities found in breach of the regulations.