Statutory Rules
1980 No. 48
INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791
I, the Minister of State for Administrative Services acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.
Dated this sixth day of March 1980.
J. E. MCLEAY
Minister of State for Administrative Services for and on behalf of the
Minister of State for Defence
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AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS2
Education allowance
1. Regulation 122 of the Naval Financial Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (3a) “320” and substituting “410”;
(b) by omitting from paragraph (a) of sub-regulation (3a) “1430” and substituting “1435”;
(c) by omitting from paragraph (b) of sub-regulation (3a) “500” and substituting “610”;
(d) by omitting from paragraph (b) of sub-regulation (3a) “1575” and substituting “1715”; and
(e) by omitting from sub-regulation (3b) “1475” and substituting “1605”.
Application
2. Education allowance is payable in accordance with the provisions of regulation 122 of the Naval Financial Regulations, as amended by paragraphs (b), (d) and (e) of clause 1, in respect of the attendance of a child at a school during the year that commenced on 1 January 1979 and during any subsequent year.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 March 1980.
2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 36 and see also Statutory Rules 1980 No. 36.
Overview
The Statutory Rules 1980 No. 48, titled "Interim Determination Under the Defence Amendment Act 1979," was enacted by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence. This legislative instrument was introduced to address an immediate need to adjust financial regulations within the Department of Defence. Specifically, it seeks to modify the Naval Financial Regulations concerning education allowances for the year beginning 1 January 1979 and subsequent years. The policy objective behind these amendments is to ensure that the education allowance remains fair and adequate for the needs of defence personnel, thereby supporting their welfare and professional development.
The Interim Determination under section 12 of the Defence Amendment Act 1979, dated 6 March 1980, involves several specific amendments to the Naval Financial Regulations, primarily focusing on adjusting the monetary values of education allowances. These changes are intended to take effect immediately and are crucial for maintaining the support structure for defence personnel’s educational expenses. The amendments aim to align the financial provisions with the current economic context, ensuring that the allowances provided are sufficient and relevant.
Scope and Application
The Interim Determination under the Defence Amendment Act 1979 applies to the amendments of the Naval Financial Regulations, specifically focusing on education allowance provisions. The changes affect the payment rates for education allowances for children attending school, adjusting the figures to reflect updated values for the year commencing 1 January 1979 and subsequent years. This legislative instrument is applicable to the Commonwealth level, targeting personnel within the naval force under the Defence Amendment Act 1979. The amendments pertain to financial regulations concerning education allowances, and the new rates are intended to be applied prospectively from the specified year. There are no stated exclusions or exemptions in the provided text, and the scope of the determination is limited to the specified financial adjustments within the Naval Financial Regulations. The application of these amendments is governed by the regulations as amended, without any noted extensions or restrictions through subordinate instruments in the provided excerpt.
Key Provisions
The main operative sections of this Interim Determination involve amendments to the Naval Financial Regulations, specifically to Regulation 122 concerning the education allowance (section 1). These amendments modify several monetary figures related to the education allowance to be paid to personnel under the Naval Financial Regulations. The changes include increasing specific allowances for children's education expenses. According to the amendment, the education allowance is now payable in accordance with the updated provisions of Regulation 122 for the school year starting from 1 January 1979 and for any subsequent years (section 2).
The Act imposes several obligations on the relevant parties. Firstly, the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, is responsible for making these amendments to the Naval Financial Regulations (section 1). The changes are to be applied to the education allowance for children attending school, reflecting updated financial figures to better accommodate the educational expenses of naval personnel (section 2). The amendments aim to ensure that the financial support provided aligns with the current costs associated with schooling.
Non-compliance with the provisions of this Interim Determination could potentially lead to legal consequences. However, the specific legislative instrument does not outline particular offences, penalties, or civil/criminal consequences for breach. In the absence of explicit penalties in this document, any breach of statutory regulations generally could result in administrative actions, financial penalties, or other legal repercussions depending on the context and severity of the breach. It is important to refer to other related legislation or regulations that may provide further details on potential penalties and enforcement mechanisms.