Military Financial Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979, enacted in 1980, addresses the need to adjust financial allowances for military personnel. This legislation was introduced to provide an interim solution to rectify certain financial aspects for service members, ensuring that their remuneration remains competitive and reflective of current economic conditions. Made by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, this interim measure aims to address discrepancies and provide timely updates to the Military Financial Regulations, ensuring that service members are fairly compensated for their service. This statutory instrument specifically modifies the Military Financial Regulations to adjust the Broken Hill allowance, reflecting the policy objective of maintaining fair and equitable financial support for military personnel. The changes, which came into effect on or after 1 February 1980, were published in the Commonwealth of Australia Gazette on 25 September 1980. This interim amendment ensures that service members receive appropriate financial allowances, aligning with the broader policy of providing adequate and timely support to those serving in the defence force.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 pertains to the amendment of the Military Financial Regulations, specifically concerning the adjustment of the Broken Hill allowance for military personnel. The amendment modifies Regulation 46 by increasing the allowance from 93 cents to $1.77 per day. This adjustment applies to service by a member on or after 1 February 1980. The legislative instrument is applicable to all members of the Australian Defence Force who are serving on or after the specified date, thereby affecting their financial entitlements. This Interim Determination extends the application of the amended Military Financial Regulations to the Commonwealth of Australia and is effective as of the date of notification in the Commonwealth of Australia Gazette. While the primary focus is on the financial adjustment, it does not specify any exclusions or exemptions, thereby applying broadly to all relevant military personnel. Additionally, the application of the amended regulations can potentially be extended or further defined through subordinate instruments under the Defence Amendment Act 1979.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979 (section 12) involve amending the Military Financial Regulations. Specifically, section 1 of the determination changes the amount of the "Broken Hill allowance" from 93 cents to $1.77, as outlined in Regulation 46 of the Military Financial Regulations (section 2). This amendment is effective for service by a member on or after 1 February 1980. The obligations imposed by this legislation are primarily administrative. It mandates the amendment of the existing financial regulations to adjust the compensation rate for members serving in particular conditions, in this case, those stationed at Broken Hill. The Interim Determination requires that these changes be implemented and applied to all relevant service members from the specified date forward. Regarding the consequences of breach, the Interim Determination does not explicitly outline penalties or consequences for non-compliance with the amended regulations. However, as a legislative instrument, failure to adhere to the amended regulations could potentially lead to administrative or legal repercussions depending on the context and severity of non-compliance. The exact nature of these consequences would be determined by further provisions or interpretations under the Defence Amendment Act 1979 or other relevant legislation.