EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 303
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 121A of the Naval Financial Regulations provides for payment of an allowance to a member of the Permanent Naval Forces whose posting to a new locality causes the loss of a scholarship or bursary in connection with his child’s education.
Regulations 122C, 122D, 122E, 122F and 122G of the Naval Financial Regulations provide conditions for payment of the allowance where two members of the same family have an entitlement in respect of the same child.
These Statutory Rules repeal regulations 121A, 122C, 122D, 122E, 122F, and 122G, of the Naval Financial Regulations which have been replaced by Determination 0502, Scholarship Allowance, made under section 58B of the Defence Act 1903.
The date of effect is the date Determination 0502 is made.
Overview
The Statutory Rules 1984 No. 303, issued under the authority of the Minister for Defence, amends the Naval Financial Regulations, reflecting changes enacted through the Defence Amendment Act 1979. This legislation addresses the need to update and streamline the provisions governing allowances for members of the Permanent Naval Forces who experience educational disruptions due to relocation, ensuring the regulations remain current and aligned with Defence policy. The rules specifically repeal the existing regulations 121A, 122C, 122D, 122E, 122F, and 122G, which have been superseded by Determination 0502, Scholarship Allowance, made under the Defence Act 1903. The effective date of these changes is set as the date Determination 0502 is formally made, reflecting a shift towards more centralised and consistent policy management within the Defence framework.
Scope and Application
The Statutory Rules 1984 No. 303, issued under the authority of the Minister for Defence, pertain specifically to the amendment of the Naval Financial Regulations. These amendments are enacted to repeal certain regulations concerning allowances for members of the Permanent Naval Forces who experience the loss of a scholarship or bursary due to relocation, as well as provisions for dual entitlements within the same family for the same child. The repealed regulations include 121A and 122C to 122G of the Naval Financial Regulations, which have been superseded by Determination 0502, Scholarship Allowance, made under section 58B of the Defence Act 1903. This determination applies to members of the Australian Defence Force and their families, and its effectuates the terms outlined within Determination 0502, which may include specific conditions and criteria for allowance payments. The scope of these regulations is limited to the Commonwealth jurisdiction, and the changes will take effect on the date Determination 0502 is made.
Key Provisions
The principal sections of these Statutory Rules pertain to the amendment and repeal of existing provisions within the Naval Financial Regulations, specifically targeting regulations 121A, 122C, 122D, 122E, 122F, and 122G. Section 12 of the Defence Amendment Act 1979 authorises the Minister for Defence to issue interim determinations that amend or repeal regulations, which are subsequently deemed Statutory Rules. This authority allows for the modification of the Naval Financial Regulations, particularly concerning the allowance for members of the Permanent Naval Forces whose children lose scholarships or bursaries due to relocations (Section 121A). Additionally, the regulations address scenarios where two members of the same family might have entitlements concerning the same child (Regulations 122C to 122G).
These Statutory Rules impose specific obligations on the entities they govern. They mandate that the payment of allowances to members of the Permanent Naval Forces, whose children lose scholarships or bursaries due to relocations, now follows the provisions set out in Determination 0502, Scholarship Allowance, made under section 58B of the Defence Act 1903. For families with two members entitled to benefits concerning the same child, the new regulations under Determination 0502 provide the conditions for payment. This shift in regulation requires affected parties to adhere to the new provisions outlined in Determination 0502.
Failure to comply with the amended regulations could result in significant consequences. While the Statutory Rules themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences, the broader legislative framework under which these rules operate does. For instance, breaches of Defence Act provisions or non-compliance with Defence Force Regulations can lead to civil or criminal penalties, depending on the severity of the breach. Penalties can include fines, imprisonment, or other sanctions as prescribed by the applicable laws. The exact penalties would depend on the nature and extent of the non-compliance, as well as any additional directions or rulings issued by relevant authorities.