Naval Financial Regulations (Amendment)

Legislation au C2004L05471 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1981 No. 281

–––––––

Naval Financial Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Determination under section 12 of the Defence Amendment Act 1979.

Dated 24 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

––––––––––

Education Allowance

1. Regulation 122 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2a) “entitled to be removed” and substituting “removed at the expense of the Commonwealth”;

(b) by omitting from sub-paragraph (b) (i) of sub-regulation (2a) “entitled”;

(c) by omitting from paragraph (a) of sub-regulation (2b) “entitled to be”;

(d) by omitting from paragraph (a) of sub-regulation (3a) “1435” and substituting “1630”;

(e) by omitting from paragraph (b) of sub-regulation (3a) “610” and substituting “660”;

(f) by omitting from paragraph (b) of sub-regulation (3a) “1715” and substituting “2055”;

(g) by omitting from paragraph (c) of sub-regulation (3a) “800” and substituting “820”;

(h) by omitting from sub-regulation (3b) “115” and substituting “145”;

(i) by omitting from sub-regulation (3b) “1605” and substituting “1725”; and


(j) by inserting after sub-regulation (5) the following sub-regulation:

“(6) Where, under this regulation, education allowance is payable to a member or has been paid to a member in respect of the attendance during a school term of a child at a secondary school and during that school term—

(a) that child has ceased to reside—

(i) at the secondary school;

(ii) at a guest house, hostel or other commercial boarding establishment; or

(iii) at a place other than a school or boarding house of a kind referred to in paragraph (3a) (a) or (3a) (b),

as the case may be, in relation to which the education allowance is or was so payable;

(b) that child has so ceased to reside for—

(i) Service reasons; or

(ii) medical or other reasons of a compassionate nature;

(c) that member was liable to pay and has paid, or is liable to pay, fees or charges in relation to which education allowance would have been payable under this regulation if the child had so resided; and

(d) that member is not entitled to receive a rebate or a refund of part or all of those fees or charges in respect of that school term or part of that school term,

that child shall, for the purposes of this regulation, be deemed to have attended that school and to have continued to have resided, at the place referred to in sub-paragraph (a) (i), (a) (ii) or (a) (iii), as the case may be, during that school term or that part or that school term, to which the fees or charges referred to in paragraph (c) relate.”.

Application

2. Education allowance is payable in accordance with the provisions of regulation 122 of the Naval Financial Regulations as amended by paragraphs (d), (f), (g) and (i) of clause 1 in respect of the attendance of a child at a secondary school during the year that commenced on 1 January 1980 and during any subsequent year.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 March 1981.

2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 19 and see also Statutory Rules 1981 No. 19.

Overview

The Statutory Rules 1981 No. 281, enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence, amends the Naval Financial Regulations 1956 to address issues surrounding the education allowance for children of naval personnel. This legislative instrument was introduced to ensure that the allowance is appropriately calculated and paid when children of naval members attend secondary school, particularly in circumstances where they cease to reside at the school or other specified places due to service or compassionate reasons. The policy objective is to provide clarity and financial support to naval families by adjusting the criteria and amounts for the education allowance.

Scope and Application

This Statutory Rules 1981 No. 281, Naval Financial Regulations (Amendment) made under section 12 of the Defence Amendment Act 1979, applies specifically to members of the Australian Defence Force and their dependents in relation to the education allowance. This amendment modifies the conditions under which education allowances are payable, primarily by updating the financial figures to account for inflation and adjusting the criteria for when such allowances are deemed payable despite a child no longer residing at a particular location. The scope of this amendment is limited to the financial year commencing on 1 January 1980 and subsequent years, affecting those who are entitled to or have been paid education allowance for their children’s attendance at secondary school. This legislation does not explicitly state exclusions or exemptions but implies that changes are applicable only to the circumstances outlined within the amendment. Subordinate instruments may extend or further clarify the application of these regulations, as evidenced by the adjustments to specific financial thresholds and residency conditions.

Key Provisions

The main operative sections of this legislative instrument concern the amendment of education allowance provisions within the Naval Financial Regulations (referred to as Regulation 122). Specifically, section 1 amends several sub-regulations to change the terms of entitlement and the financial amounts associated with the education allowance. For example, the wording changes the status of the removal of a member to being "removed at the expense of the Commonwealth" instead of being "entitled to be removed." The amendment also revises the financial thresholds associated with the allowance. Section 2 clarifies the application of these amended provisions, stating that the education allowance is payable according to the amended regulations from the year commencing 1 January 1980 onwards. The obligations and requirements imposed by this legislation are primarily directed towards the members of the naval forces and their families. Members must ensure that any claims for education allowance are made in accordance with the newly stipulated provisions, which include modified conditions for payment based on the residency of the child at a specified educational institution. The regulations also mandate that if a child ceases to reside at a school or boarding house for service, medical, or compassionate reasons, the member may still be entitled to the allowance under certain conditions. The member must also ensure that they have paid, or are liable to pay, the relevant fees or charges, and that they have not received, or are not entitled to receive, any rebate or refund in relation to these fees. The legislation does not explicitly outline offences or penalties for breach of the regulations. However, breaches of military regulations generally attract administrative or disciplinary action as per the Defence Force Discipline Act 1982. This could include non-judicial or judicial punishment, depending on the severity of the breach. For civilian employees, breaches may result in administrative penalties or termination of employment. Given that this is a financial regulation, failure to comply with the requirements for education allowance could lead to financial implications, such as the withholding of allowance or the requirement to repay amounts already received.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.