Statutory Rules
1979 No. 47
REGULATIONS UNDER THE DEFENCE ACT 19031
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.
Dated this twenty-third day of March 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
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) “330” and “1300” and substituting “320” and “1430”respectively;
(b) by omitting from paragraph (b) of sub-regulation (2a) “510” and “1470” and substituting “500” and “1575”respectively;
(c) by omitting from paragraph (c) of sub-regulation (2a) “790” and substituting “800”; and
(d) by omitting from sub-regulation (2b) “100” and “1460” and substituting “115” and “1475” respectively.
Child education allowance
2. Regulation 159 of the Military Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (2a) “330” and “1300” and substituting “320” and “1430” respectively;
(b) by omitting from paragraph (b) of sub-regulation (2a) “510” and “1470” and substituting “500” and “1575” respectively;
(c) by omitting from paragraph (c) of sub-regulation (2a) “790” and substituting “800”; and
(d) by omitting from sub-regulation (2b) “100” and “1460” and substituting “115” and “1475” respectively.
Application
3. (1) Education allowance is payable in accordance with the provisions of regulation 131 of the Military Financial Regulations, as amended by regulation 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1978 and during any subsequent year.
(2) Child education allowance is payable in accordance with the provisions of regulation 159 of the Military Financial Regulations, as amended by regulation 2, in respect of the attendance of a child at a school during the year that commenced on 1 January 1978 and during any subsequent year.
Adjustment in certain cases
4. In respect of education allowance or child education allowance payable to a member in respect of the attendance of a child at a school during the period that commenced on 1 January 1978 and ends on a day that is—
(a) where these Regulations come into operation on a day that is part of a school term for that school—the last day of that school term; or
(b) in any other case—the last day of the immediately preceding school term,
the amount of education allowance or child education allowance payable to the member is the greater of the following amounts:
(c) the amount payable to the member under the Military Financial Regulations as in force before the commencement of these Regulations;
(d) the amount payable to the member under the Military Financial Regulations as amended by these Regulations.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 29 March 1979.
2. Statutory Rules 1966 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 7 and see also Statutory Rules 1979 Nos. 7 and 27.
Overview
Statutory Rules 1979 No. 47, made under the Defence Act 1903, were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations address the need for adjustments to education and child education allowances for members of the Defence Force, ensuring that payments are made in line with the financial regulations in effect from 1 January 1978 onwards. The policy objective is to provide clarity and consistency in the calculation and payment of allowances, thereby supporting the financial well-being of Defence personnel and their families.
Scope and Application
The Statutory Rules 1979 No. 47, made under the Defence Act 1903, primarily amend the Military Financial Regulations to adjust education and child education allowances for members of the Australian Defence Force. These amendments apply to the attendance of a child at a school during the year commencing on 1 January 1978 and any subsequent years. The regulations affect members of the Defence Force who are eligible for these allowances, ensuring that they receive the appropriate financial support for their children's education. The scope of these regulations is limited to the adjustments of financial allowances within the existing framework of the Military Financial Regulations, with no stated exclusions or exemptions. The regulations have a national reach, applying across the Commonwealth of Australia, and may be further refined or extended through subsequent subordinate instruments as necessary.
Key Provisions
The statutory rules, numbered 47 of 1979, under the Defence Act 1903, amend the Military Financial Regulations to adjust the education allowance and child education allowance for members of the defence forces. Specifically, Regulation 131, concerning education allowance, and Regulation 159, concerning child education allowance, are amended to update certain numerical values that determine the amounts payable to members. The changes include adjustments to the figures that determine the eligibility and amount of allowance payable for different circumstances and family sizes. These amendments apply to payments for the school year beginning on 1 January 1978 and subsequent years.
The amended regulations impose specific obligations on the defence force members to ensure they meet the criteria for receiving the updated education and child education allowances. Members must provide necessary documentation to substantiate their claims, such as proof of attendance at a school and relevant family details. The defence force administration is required to process these claims according to the updated regulations, ensuring that the correct amounts are calculated and paid based on the revised figures.
Breaches of the regulations or failure to comply with the requirements for claiming allowances could result in legal consequences. While the regulations do not explicitly outline penalties for non-compliance, breaches of military regulations generally carry potential administrative, civil, or criminal penalties, depending on the severity and intent behind the breach. Defence force members found to have deliberately misrepresented information to obtain allowances could face disciplinary action, fines, or other penalties as prescribed by military law. The exact penalties would depend on the specific circumstances of the breach and the applicable military regulations.