Military Financial Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979, made on 20 February 1980, addresses the need for updating the Military Financial Regulations to reflect changes in vehicle engine capacities and their corresponding allowances for military personnel. This legislative instrument was enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence to ensure the military financial regulations remain current and applicable. The policy objective is to adjust the vehicle allowance rates to match the evolving standards of motor vehicles used by the Defence Force, ensuring fairness and efficiency in the allowance system. This adjustment is effective from 5 December 1979.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to amendments in the Military Financial Regulations, specifically focusing on the vehicle allowance for members of the Defence Force. This legislative instrument applies to all members of the Defence Force who undertake travel on or after 5 December 1979. The changes are targeted at modifying the rates of allowance based on the engine capacity of motor vehicles, distinguishing between those powered by a rotary engine and those powered by other engines. The application of these regulations is nationwide, encompassing the entire Commonwealth of Australia, thereby ensuring uniformity in the application of these allowances across all states and territories. The rules are designed to provide a clear and structured framework for determining the rate of vehicle allowance, which is essential for the administration of travel expenses for Defence Force members.

Key Provisions

The key provisions of the Interim Determination under the Defence Amendment Act 1979, as detailed in Statutory Rules 1980 No. 30, involve amendments to the Military Financial Regulations, specifically regarding vehicle allowances for military members. Regulation 108 is amended to update the table for vehicle allowances based on engine capacity, distinguishing between motor vehicles powered by traditional engines and those powered by rotary engines (clause 1(1)). The changes apply to travel by members on or after 5 December 1979 (clause 1(2)). The new rates for vehicle allowances are specified in a detailed table, with different rates assigned to various engine capacities for both traditional and rotary engines (clause 1(1)(a)-(d)). This amendment imposes specific obligations on military members and the Department of Defence. Members must ensure their travel claims for vehicle allowances comply with the updated rates in Regulation 108, which now differentiates based on engine type and capacity. The Department of Defence is responsible for ensuring that the new rates are correctly applied in the processing of travel claims and in providing guidance to military personnel on these changes. There are no explicit provisions in this determination regarding offences, penalties, or civil/criminal consequences for breaches of the amended Military Financial Regulations. However, any non-compliance with the Defence Force Regulations or misuse of allowances could potentially lead to disciplinary actions under the Defence Force Discipline Act 1982, which includes the possibility of fines, imprisonment, or other disciplinary measures. The specifics of any penalties for non-compliance would be governed by the broader Defence Force Regulations and not explicitly detailed in this particular legislative instrument.