Australian Services Canteens Organization Regulations (Amendment) (Cth)

 

Statutory Rules

1976 No. 119

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I. THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this fifth day of February, 1976.

Governor-General

 

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Australian Services Canteens Organization REGULATIONS  

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

2. After regulation 3 of the Australian Services Canteens Organization Regulations the following regulation is inserted:—

Delegations.

“ 3a. (1) The Minister may, by writing signed by him, delegate to—

(a) a commissioned officer of the Defence Force; or

(b) a person for the time being holding or performing the duties of an office in the First, Second or Third Division of the Australian Public Service,

any of his powers or functions under those Regulations, other than this power of delegation.

(2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.”.

3. After regulation 4 of the Australian Services Canteens Organization Regulations the following regulation is inserted:—

Arrangments with Repatriation Commission.

“ 4a. (1)The Council may enter into an arrangement with the Repatriation Commission under which the Canteens Organization is to supply, or arrange for the supply of, goods to canteens at hospitals, conducted by the Commission.

* Notified in the Australian Government Gazette on 6 February 1976.

  Statutory Rules 1959, No. 40, as amended by Statutory Rules 1972, No, 58; and 1974, No. 140.

18426/75—Recommended retail price 8c 10/5.1.1976

 

“ (2) An arrangement shall not be entered into by the Council under sub-regulation (1) if the implementation of that arrangement would adversely affect the ability of the Canteens Organization to carry out any of the functions referred to in sub-regulation 4 (1).”.

Constitution of Council.

4. Regulation 5 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulations (3), (4), (5), (6) and (7) and substituting the following sub-regulations:—

“ (3) The persons referred to in paragraphs (2) (a), (b) and (c) shall be appointed by the Minister on the respective nominations of the Chief of Naval Staff, the Chief of the General Staff and of the Chief of the Air Staff.”.

“ (4) The persons referred to in paragraph (2) (d) and the person referred to in (2) (c) shall be appointed by the Minister.”.

5. Regulation 7 of the Australian Services Canteens Organization Regulations is repealed and the following regulation is substituted:—

Chairman of the Council.

“ 7. (1) The Chairman of the Council shall be appointed by the Minister from amongst the persons referred to in paragraphs 5 (2) (a), (b) and (c).

“ (2) The term of appointment of a person as Chairman of the Council shall not exceed 2 years.

“ (3) Nothing in this regulation shall be taken as preventing the reappointment of a person to be the Chairman of the Council.”.

Meetings of Council.

6. Regulation 8 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:—

“ (4) At a meeting of the Council—

(a) one of the persons referred to in paragraph 5 (2) (a);

(b) one of the persons referred to in paragraph 5 (2) (b);

(c) one of the persons referred to in paragraph 5 (2) (c);

(d) one of the persons referred to in paragraph 5 (2) (d); and

(e) 4 other members of the Council,

constitute a quorum.”.

Constitution of Board.

7. Regulation 10 of the Australian Services Canteens Organization Regulations is amended—

(a) by omitting paragraphs (b), (c) and (d) of sub-regulation (1) and substituting the following paragraphs:—

“ (b) an officer of the Navy;

(c) an officer of the Army;

(d) an officer of the Air Force;

(da) a person representing the Minister;”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The members of the Board referred to in paragraphs (1) (b), (c), (d), (da) and (e) shall respectively be appointed by the Chief of Naval Staff, the Chief of the General Staff, the Chief of the Air Force, the Minister and the Treasurer.”.

 

Staff of Canteen Service.

8. Regulation 20 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The terms and conditions of employment (other than those provided for by these Regulations) of persons engaged under sub-regulation (1) shall be determined by the Board having regard to the advice of the Public Service Board and shall be in accordance with any directions issued by the Minister.”.

Exemption from certain laws.

9. Regulation 27 of the Australian Services Canteens Organization Regulations is amended—

(a) by inserting after the word “ State ” the words “ or of a Territory ”;

(b) by omitting from sub-paragraph (i) of paragraph (b) the words “ the Commonwealth ” and substituting the word “ Australia ”; and

(c) by omitting sub-paragraph (iii) of paragraph (b) and substituting the following sub-paragraph:—

“ (iii) who is employed by or in the Department of Defence;”.

Amendments of the Australian Services Canteens Regulations.

10. The Australian Services Canteens Organization Regulations are amended as set out in the following table:—

Provision	Amendment
Regulation 2................................	Omit “ the first day of July,”, substitute “ 1 July ”.
Regulation 3................................	Omit from the definition of “ financial year ” the word “ twelve ”, substitute the figures “ 12 ”.
Omit from the definition of “naval canteen” the words “ Naval Board for members of the Naval Forces ”, susbtitute the words “ Chief of Naval Staff for members of the Navy ”.
Omit the definition of “ the Minister ”.
Sub-regulation 4 (1).....................	Omit from paragraph (a) “ Military Forces ”, substitute “ Army ”.
Omit from paragraph (e) “ Commonwealth ”, substitute “ Australian Public Service ”.
Sub-regulation 3 (2).....................	Omit “ three ” (wherever occurring), substitute “ 3 ”.
Omit from paragraph (a) “ Naval Forces ”, substitute “ Navy ”.
Omit from paragraph (b) “ Military Forces ”, substitute “ Army ”.
Sub-regulation 6 (3).....................	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
Sub-regulation 8 (2).....................	Omit “ six ”, substitute “ 6 ”.
Sub-regulation 10 (3)....................	Omit “ paragraph (a) of sub-regulation (1) of this regulation ”, substitute “ paragraph (1) (a) ”.
Sub-regulation 10 (4)....................	Omit “ paragraph (a) of sub-regulation (1) of this regulation ”, substitute “ paragraph (1) (a) ”.
Sub-regulation 12 (4)....................	Omit “ five ”, substitute “ 5 ”.
Regulation 13..............................	Omit from paragraph (c) “ Military Forces ”, substitute “ Army ”.
Omit from paragraph (c) “ of these Regulations ”.
Omit from paragraph (g) “ Commonwealth ”, substitute “ Australian Public Service ”.
Omit from paragraph (h) “ the Commonwealth ”, substitute “ Australia ”.

 

Provision	Amendment
Sub-regulation 14 (2)....................	Omit “ Council ”, substitute “ Minister ”.
Sub-regulation 15 (1)....................	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 15 (2)....................	Omit “ of these Regulations ” (wherever occurring).
Sub-regulation 16 (2)....................	Omit “ of these Regulations ” (wherever occurring).
Regulation 17..............................	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 18 (2)....................	Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Sub-regulation 21 (3)....................	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
Omit from paragraph (a) “ Commonwealth or a Department of the Commonwealth ”, substitute “ Australia or by a Department of the Australian Public Service ”.
Sub-regulation 23 (4)....................	Omit “ six ”, substitute “ 6 ”.
Sub-regulation 24 (1)....................	Omit from paragraph (d) “ sub-regulation (2) of regulation 21 of these Regulations ”, substitute “ sub-regulation 21 (2) ”.
Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 24 (2)....................	Omit.
Sub-regulation 24 (3)....................	Omit “ of this regulation ”.
Sub-regulation 25 (2)....................	Omit “ member of the Board appointed by the Minister under paragraph (a) of sub-regulation (1) of regulation 11 of these Regulations ”, substitute “ other members of the Board referred to in paragraph 10 (1) (a) ”.
Sub-regulation 25 (3)....................	Omit “ pay and ”, substitute “ salary, pay or ”.
Omit “ of these Regulations ”.
Sub-regulation 25 (4)....................	Omit from paragraph (b) “ the last preceding sub-regulation ”, substitute “ sub-regulation (3) ”.
Omit from paragraph (b) “ pay and ”, .substitute “ salary, pay or ”.
Regulation 26..............................	Omit “ Naval, Military or Air Forces of the Commonwealth ”, substitute “ Defence Force ”.
Omit “ the Commonwealth ” (second occurring), substitute “ Australia ”.
Omit “ the Naval Board, Military Board or Air Board ”, substitute “ the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff ”.
Regulation 29..............................	Repeal.

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