Naval Financial Regulations (Amendment)

Overview

Statutory Rules 1981 No. 1881 is an interim determination made under the Defence Amendment Act 1979 to amend the Naval Financial Regulations of 1956. The Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence, introduced this determination to revise the conditions under which education allowances are payable to members of the naval forces. Specifically, the amendment removes the allowance for certain educational circumstances and aligns the provisions with the Education Allowance Determination made under the Defence Act 1903. This legislative instrument is intended to ensure that the financial regulations governing naval personnel are up-to-date and consistent with other related defence policies. The interim nature of this determination indicates that it is subject to further review and formal promulgation once the referenced clauses of the Education Allowance Determination are finalised.

Scope and Application

The Naval Financial Regulations (Amendment) Interim Determination 1981 applies specifically to members of the Australian Defence Force and their dependents, particularly in relation to education allowances. This legislation amends Regulation 122 of the Naval Financial Regulations to adjust the circumstances under which education allowances are payable for children of Defence members attending school. The amendment clarifies and restricts the conditions for the cessation of such allowances by referencing clauses 8, 9, and 10 of Determination 0501, Education Allowance, which itself is made under the Defence Act 1903. The Interim Determination operates within the Commonwealth jurisdiction and is effective from the date clauses 8, 9, and 10 of Determination 0501 are made. This regulation does not explicitly state any exclusions or exemptions, but its applicability is inherently limited to members of the Defence Force and their families. The scope of the application can be further refined through subordinate instruments, such as the aforementioned Determination 0501, which provides additional specific details and conditions governing the education allowance.

Key Provisions

The main operative sections of this Interim Determination amend the Naval Financial Regulations, specifically focusing on the cessation of education allowance under certain circumstances. Regulation 122(5) of the Naval Financial Regulations is altered to include a new sub-regulation (5a), which stipulates that education allowance will no longer be payable if a member's child attends a school under the conditions outlined in clause 8 or on a date specified in clause 10 of Determination 0501, Education Allowance. This amendment clarifies the situations in which education allowance is no longer applicable, ensuring that it is only provided under specified conditions. The obligations imposed by this Act on the relevant parties are primarily centred on the cessation of education allowance under defined circumstances. For instance, members of the naval forces must ensure that their children's school attendance aligns with the conditions outlined in clauses 8 and 10 of Determination 0501, Education Allowance. Failure to meet these conditions may result in the discontinuation of the education allowance. The Act also mandates that the relevant authorities review and verify the eligibility of recipients to ensure compliance with the amended regulations. In terms of consequences, the Act does not explicitly detail offences or penalties for non-compliance with the new provisions. However, it implies that non-compliance may result in the cessation of education allowance. This means that any member or dependent who fails to meet the specified conditions will no longer receive the allowance. While the Act does not prescribe maximum penalties, it underscores the importance of adhering to the outlined conditions to avoid losing eligibility for the allowance. This Interim Determination ensures that education allowance is only provided under specific circumstances, as outlined in the amended regulations. It mandates that members and their dependents must meet the eligibility criteria to continue receiving the allowance. The lack of explicit penalties highlights the importance of compliance, with the primary consequence being the cessation of the allowance for non-compliant recipients. The Act thus serves to clarify and enforce the conditions under which education allowance is granted, ensuring that it is only provided to those who meet the specified criteria.