Statutory Rules 1980 No. 3521
Interim Determination under the Defence Amendment Act 1979
I, THE MINISTER OF STATE FOR DEFENCE, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this twenty-seventh day of November 1980.
D. J. KILLEN
Minister of State for Defence
Amendments of the Military Financial Regulations2
District allowance
1. Regulation 41 of the Military Financial Regulations is amended by adding at the end thereof the following sub-regulation:
“(9) This regulation shall not have effect while Determination 0301, District Allowance, made under section 58B of the Defence Act 1903, is in force.”.
One allowance payable
2. Regulation 45 of the Military Financial Regulations is amended by omitting “regulation 41” and substituting “Determination 0301, District Allowance, made under section 58B of the Defence Act 1903”.
Special area allowance
3. Regulation 47 of the Military Financial Regulations is amended by inserting after “Division” “; Determination 0301, District Allowance; or Determination 0305, Antarctic Allowance; being determinations made under section 58B of the Defence Act 1903”.
Notes
1. Notified in the Commonwealth of Australia Gazette on 8 December 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, 45, 46, 47, 56, 57, 130, 156, 157, 158, 159, 160, 175, 220, 222, 238, 251, 283, 304 and 316.
Overview
The Statutory Rules 1980 No. 3521, issued under the Defence Amendment Act 1979, were enacted to address specific financial regulations concerning allowances for military personnel. The Minister of State for Defence, D. J. Killen, made these interim determinations on 27 November 1980, modifying the Military Financial Regulations to align with certain defence determinations made under the Defence Act 1903. This legislative instrument aims to streamline and update the financial allowances for military personnel by incorporating specific determinations, such as District Allowance and Antarctic Allowance, directly into the regulations. The underlying policy objective is to ensure that military financial regulations remain current and effectively support the needs of military personnel in various operational areas.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979, made by the Minister of State for Defence on 27 November 1980, primarily amends the Military Financial Regulations to incorporate specific allowances relevant to the Defence Act 1903. This legislation applies to personnel within the Australian Defence Force, ensuring that financial regulations concerning allowances are aligned with determinations made under the Defence Act. The amendments address district allowance, one allowance payable, and special area allowance, thereby integrating these allowances into the regulatory framework. Geographically, the application of this legislation is national, as it pertains to federal regulations governing the military financial system across Australia. The amendments do not specify exclusions or exemptions, indicating that the changes apply broadly to all relevant personnel within the Defence Force. The scope of the legislation is further extended through subordinate instruments, which facilitate the implementation and enforcement of these financial regulations within the Defence sector.
Key Provisions
The main operative sections of this legislative instrument include amendments to the Military Financial Regulations. Specifically, Regulation 41 now includes a sub-regulation (9) stating that it shall not have effect while Determination 0301, District Allowance, is in force (1). Regulation 45 has been amended to replace the reference to "regulation 41" with "Determination 0301, District Allowance" (2). Furthermore, Regulation 47 has been amended to insert a new reference after "Division" to "Determination 0301, District Allowance; or Determination 0305, Antarctic Allowance" (3).
The obligations and requirements imposed by this Act are primarily concerned with the application and interpretation of the Military Financial Regulations. This amendment ensures that the allowances and benefits for military personnel are aligned with the provisions of Determination 0301, District Allowance, and Determination 0305, Antarctic Allowance, both of which are made under section 58B of the Defence Act 1903. The amendments require that the relevant financial regulations be interpreted and applied in accordance with these determinations.
In terms of offences, penalties, or civil/criminal consequences for breach, this legislative instrument does not explicitly outline such provisions. However, breaches of the Military Financial Regulations or the Defence Act 1903 may result in civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties for breaches of these Acts would be determined by the relevant courts or tribunals, in accordance with the applicable laws and regulations.
This legislative instrument, Statutory Rules 1980 No. 3521, is an Interim Determination made under section 12 of the Defence Amendment Act 1979. It was notified in the Commonwealth of Australia Gazette on 8 December 1980 and amends the Military Financial Regulations to align them with Determination 0301, District Allowance, and Determination 0305, Antarctic Allowance, made under section 58B of the Defence Act 1903. The purpose of these amendments is to ensure consistency and accuracy in the application of financial regulations for military personnel.