Australian Services Canteens Organization Regulations (Amendment) (Cth)
REGULATIONS UNDER THE
DEFENCE ACT 1903
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make the
following Regulations under the
Dated this twenty-fourth day of July 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
_____________
Amendments Of The Australian Services Canteens Organization Regulations
“ARMY AND AIR FORCE CANTEEN SERVICE REGULATIONS”.
(a) by omitting the definition of “Canteens Organization Representative” and substituting the following definitions:
“‘auditor’ means an auditor appointed by the Minister for the purposes of these Regulations under sub-regulation 23D (1);
“‘Board’ means the Army and Air Force Canteen Service Board of Management established by regulation 9;
“‘Canteen Service’ means the Army and Air Force Canteen Service referred to in sub-regulation 4 (1);
“‘Chairman’ means the Chairman of the Board;”;
(b) by omitting the definition of “financial year”;
(c) by inserting “unit, area,” after “air force” in the definition of “military or air force installation”;
(d) by omitting the definitions of “naval canteen”, “Overseas Representative”, “the Board”, “the canteens organization” and “the Council”;
(e) by omitting “Canteens Organization” from the definition of “the Managing Director” and substituting “Canteen Service”;
(f) by omitting the definition of “the Secretary”; and
(g) by adding the following sub-regulation at the end thereof:
“(2) In these Regulations ‘financial year’ means—
(a) the period commencing on the day on which this sub‑regulation comes into effect and ending on 25 January 1982; or
(b) each subsequent period of 52 weeks, or of 53 weeks where the extension has been authorized in respect of a specified period in writing signed by the Minister.”.
(a) by omitting from sub-regulation (1) “or functions”; and
(b) by omitting from sub-regulation (2) “or function”.
“4. (1) There shall be a canteen service to be known as the Army and Air Force Canteen Service.
The Canteen Service shall be controlled and conducted by the Board in accordance with these Regulations.
The purposes of the Canteen Service shall be‑
(a) the supply of goods, facilities and services to, or for the entertainment and recreation of—
(i) members of the Army or the Air Force;
(ii) persons employed in or in connection with military or air force installations;
(iii) dependants of those members or persons;
(iv) visitors to military or air force installations; and
(v) members of the Australian Cadet Corps or the Air Training Corps; and
(b) such other purposes of a similar nature as the Minister approves after taking into consideration the recommendations of the Board.
“(4) The Board shall conduct the Canteen Service in accordance with the following policy guidelines:
(a) the Canteen Service shall operate to enhance the living conditions and social environment of the persons referred to in paragraph (3) (a);
(b) the operations of the Canteen Service shall be conducted on a commercial and self-supporting basis, with the aim of providing profits sufficient to permit distribution of surplus funds for the benefit of members of the Army or the Air Force;
(c) the operations of the Canteen Service at each military or air force installation shall be conducted in such manner as to make those operations—
(i) self-supporting;
(ii) commercially viable; and
(iii) sufficiently profitable so as to ensure, in conjunction with the operation of the Canteen Service at other military or air force installations, the financial self-sufficiency of the Canteen Service as a whole; and
(d) policy guidelines approved by the Minister by instrument in writing.”.
Repeal of provisions concerning the Australian Services Council for Canteens
“10. (1) The Board shall consist of—
(a) 2 officers of the Army not below the rank of Major-General appointed by the Chief of the General Staff;
(b) 2 officers of the Air Force not below the rank of Air Vice-Marshal appointed by the Chief of the Air Staff;
(c) an officer of the Australian Public Service occupying an office in the Department of Defence appointed by the Secretary to the Department of Defence;
(d) 2 persons who have had extensive business or commercial experience appointed by the Minister; and
(e) the Managing Director.
The Minister shall appoint one of the persons referred to in paragraph (1) (d) to be the Chairman of the Board.
The Chief of the General Staff and the Chief of the Air Staff shall jointly appoint one of the officers referred to in paragraph (1) (a) or (b) to be the Deputy Chairman of the Board.
A member of the Board, other than the Managing Director—
(a) shall be appointed to be a part-time member; and
(b) in the case of a person referred to in paragraph (1) (d), holds office for such term, not exceeding 3 years, as is fixed by the Minister in the instrument of his appointment and is eligible for re-appointment.
The Minister may terminate the appointment of a person referred to in paragraph (1) (d) by reason of the misbehaviour or physical or mental incapacity of that person.
If a person referred to in paragraph (1) (d)—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board otherwise than on business of the Board undertaken with the approval of the Board; or
(c) fails, without reasonable excuse, to comply with his obligations under regulation 11,
the Minister shall terminate the appointment of that person.
A person referred to in paragraph (1) (d) may resign his office by writing signed by him and delivered to the Minister.
Power under sub-regulation (1) to appoint a member of the Board includes power to appoint a person to be the deputy of that member.
In the absence of a member from a meeting of the Board, the deputy of the member may attend the meeting and shall be deemed while so attending to have all the powers and functions of a member other than the Chairman or the Deputy Chairman.
“11. (1) A member, or the deputy of a member, who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.
A disclosure under sub-section (1) shall be recorded in the minutes of the Board, and the member—
(a) shall not take part after the disclosure in any deliberation or decision of the Board with respect to that matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the Board in any such deliberation or decision.”.
(a) by omitting sub-regulation (2) and substituting the following sub‑regulation:
“(2) A meeting of the Board shall be held as soon as practicable after the Chairman has been appointed and, subsequent to the quarter in which that first meeting is held, there shall be at least one meeting in each quarter of the calendar year.”; and
(b) by omitting sub-regulation (4) and substituting the following sub-regulation:
At a meeting of the Board 6 members, of whom at least—
(a) one shall be a member of the Board referred to in paragraph 10 (1) (a); and
(b) one shall be a member of the Board referred to in paragraph 10 (1) (b),
shall constitute a quorum.”.
(a) by omitting “The Board has power to conduct, maintain and operate the Canteens Organization, and, for that purpose, may—” and substituting “In furtherance of the purposes of the Canteen Service referred to in sub-regulation 4 (3), the Board may—”;
(b) by omitting from paragraph (c) all words after “committees”;
(c) by omitting paragraph (e) and substituting the following paragraph:
“(e) open, conduct and close canteens or other facilities;”; and
(d) by omitting paragraphs (g), (h) and (i) and substituting the following paragraphs:
“(g) in consultation with officers commanding relevant military or air force installations, establish such State, area, base, unit or local canteen committees as the Board thinks fit, having such membership and functions (not being inconsistent with these Regulations) as the Board determines;
“(h) issue, or authorize the issue of, orders or instructions in relation to the management, control or administration of the Canteen Service;
“(i) invest moneys in pursuance of regulation 23A;
“(j) establish and maintain, with the approval of the Minister of State for Finance, schemes for the provision of superannuation or retirement benefits for persons appointed or employed under these Regulations and appoint trustees for the purposes of such schemes;
“(k) enter into contracts; and
“(l) do such other things as are incidental to the purposes of the Canteen Service.”.
“14. (1) The Board shall appoint a person to be the Managing Director of the Canteen Service.
The Managing Director shall be the executive member of the Board in relation to the management of the Canteen Service in accordance with the policy guidelines referred to in sub-regulation 4 (4) and shall perform such other duties in relation to the Canteen Service as the Board directs.
Subject to sub-regulation (4), the Minister shall determine the terms and conditions of service of the Managing Director.
The Managing Director shall be paid such remuneration as is determined by the Remuneration Tribunal or, in the absence of a determination by the Remuneration Tribunal, by the Minister.”.
“19. (1) The Board may, either generally or as otherwise provided by the instrument of delegation, by writing under its seal, delegate to—
(a) the Chairman;
(b) the Deputy Chairman;
(c) the Managing Director; or
(d) an employee of the Board,
any of its powers under these Regulations, other than this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Board.
A delegation under this regulation does not prevent the exercise of a power by the Board.”.
The terms and conditions of employment, in respect of matters not provided for by these Regulations, of persons employed under sub-regulation (1) are such as are determined by the Board, subject to directions in writing issued by the Minister.”.
(a) by omitting from sub-regulation (1) “Canteens Organization” and substituting “Canteen Service”;
(b) by omitting from sub-regulation (2) “, an Overseas Representative or a Canteens Organization Representative” and substituting “or an employee of the Board”;
(c) by omitting from sub-regulation (2) “Canteens Organization” and substituting “Canteen Service”;
(d) by omitting from sub-regulation (2) “that Organization” and substituting “the Canteen Service”;
(e) by omitting from sub-regulation (3) “Canteens Organization” and substituting “Canteen Service”; and
(f) by omitting sub-regulation (4).
“22. (1) The Board may, with the approval in writing of the Treasurer, borrow moneys (otherwise than from the Commonwealth) that are from time to time necessary for the conduct of the Canteen Service under these Regulations.
The Board may give security over the whole or any part of its assets for the repayment of amounts borrowed under this regulation and the payment of interest on amounts so borrowed.
The Board shall not borrow moneys except in accordance with this regulation.
“23. (1) The Board may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.
The Board shall pay all moneys received by it into an account referred to in this regulation.
In this regulation, ‘approved bank’ means a
trading bank as defined in sub-section 5 (1) of the
“23A. (1) Subject to sub-regulation (2), the moneys of the Board shall be applied only—
(a) in payment or discharge of the costs, expenses and other obligations of the Board in relation to the conduct of the Canteen Service under these Regulations;
(b) in payment of remuneration, allowances and other benefits payable to any person appointed or employed under these Regulations; and
(c) in making payments in accordance with regulation 24.
Moneys of the Board not immediately required for the purposes of the Board may be invested—
(a) on deposit with an approved bank;
(b) in Commonwealth securities; or
(c) in any other manner approved in writing by the Treasurer for the purposes of this regulation.
In sub-regulation (2) ‘approved bank’ means a
trading bank as defined in sub-section 5 (1) of the
“23B. The Board shall not, except with the approval of the Minister, enter into any contract involving the payment or receipt of an amount exceeding $250,000.
“23C. The Board shall cause to be kept proper accounts and records of the transactions and affairs of the Board in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Board and over the incurring of liabilities by the Board.
“23D. (1) The Minister shall appoint an auditor for the purposes of these Regulations.
The auditor shall inspect and audit the accounts and records of financial transactions of the Board and records relating to assets of, or in the custody of, the Board and forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the auditor, of sufficient importance to justify his so doing.
The auditor may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub‑regulation (2).
The auditor shall report to the Minister at least once in each year the results of the inspection and audit carried out under sub-regulation (2).
The auditor or a person authorized by him is entitled at all reasonable times to full and free access to all accounts and records of the Board relating directly or indirectly to the receipt or payment of moneys by the Board or to the acquisition, receipt, custody or disposal of assets by the Board.
The auditor or a person authorized by him may make copies of, or take extracts from, any such accounts or records.
The auditor or a person authorized by him may require any person to furnish him with such information in the possession of the person, or to which the person has access, as the auditor or authorized person considers necessary for the purposes of the functions of the auditor under these Regulations, and the person shall comply with the requirement.
A person who contravenes sub-regulation (7) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
“23E. (1) The Board shall, as soon as practicable after the end of each financial year, prepare and submit to the Minister a report of its operations during that year, together with financial statements in respect of that year in such form as the Minister of State for Finance approves.
Before submitting financial statements to the Minister under sub‑regulation (1), the Board shall submit them to the auditor and the auditor shall report to the Minister—
(a) whether, in his opinion, the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and, in his opinion, show fairly the financial transactions and the state of the affairs of the Board;
(c) whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Board during the year have been in accordance with these Regulations; and
(d) as to such other matters arising out of the statements as the auditor considers should be reported to the Minister.
The Minister shall cause copies of the report and financial statements of the Board, referred to in sub-regulation (1), together with a copy of the report of the auditor, referred to in sub-regulation (2), to be laid before each House of the Parliament within 15 sitting days of that House after the receipt by the Minister of those reports and financial statements.
The report referred to in sub-regulation (1) shall set out all policy guidelines approved by the Minister under paragraph 4 (4) (d), and directions in writing issued under sub-regulation 20 (2), during the period to which the report relates.”.
“24. (1) For the purposes of this regulation, the profits of the Board for a financial year are the amount (if any) remaining after deducting from the revenue received or receivable in respect of that financial year the expenditure and provision for expenditure properly chargeable against that revenue.
After such provision as the Board considers proper has been made in relation to the Canteen Service for—
(a) repayment of moneys borrowed by the Board under regulation 22;
(b) other liabilities of the Board, accrued or contingent;
(c) reserves; and
(d) amounts required for allocation under sub-regulation 21 (3),
the Board shall from time to time, in accordance with principles approved by the Minister, distribute or cause to be distributed its profits and other surplus funds not required for the future maintenance and operation of the Canteen Service.
The principles approved by the Minister under sub-regulation (2) shall include the following principles:
(a) the profits and other surplus funds distributed or caused to be distributed under sub-regulation (2) are to be distributed or caused to be distributed to military or air force units or bases and are to be applied for the provision of amenities, services and facilities at those units and bases for the benefit of members of the Army and the Air Force; and
(b) the amount of the profits and other surplus funds distributed to a military or air force unit or base is to be related, in the manner specified by the Minister, to the contribution that the trading profits of the canteens at that unit or base made to the total trading profits of the Canteen Service.”.
(a) by omitting from sub-regulation (1) “an advisory committee” and substituting “a committee established under paragraph 13 (g)”;
(b) by omitting sub-regulations (2) and(3) and substituting the following sub-regulation:
The Chairman and the other member of the Board referred to in paragraph 10 (1) (d) shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid such remuneration as the Minister determines.”;
(c) by omitting from paragraph (a) of sub-regulation (4) “an advisory Committee” and substituting “a committee established under paragraph 13 (g)”; and
(d) by omitting paragraph (b) of sub-regulation (4) and substituting the following paragraph:
“(b) affects the right of any member of the Defence Force to receive any salary, pay or allowances due to him in his capacity as a member of the Defence Force.”.
Loss, damage or destruction of property of the Board by a member
It is not necessary, under or by reason of any law of a State or Territory, to obtain or have any licence or permission for—
(a) keeping;
(b) supplying, on sale or otherwise; or
(c) permitting the consumption of,
intoxicating liquor at a canteen or other facility established, conducted, maintained or operated in pursuance of these Regulations (including a canteen or facility established, conducted, maintained or operated by a person pursuant to a licence granted by the Board under regulation 28).”.
Upon the commencement of these Regulations the Army and Air Force Canteen Service Board of Management becomes, by force of this regulation, liable to pay and discharge all the debts, liabilities and obligations of the Australian Services Canteens Organization Board of Management that existed immediately before that date.
Any agreement or instrument subsisting immediately before the date of commencement of these Regulations to which the Australian Services Canteen Organization Board of Management was a party has effect on and after that date as if—
(a) in a case where the Australian Services Canteens Organization Board of Management was a party—the Army and Air Force Canteen Service Board of Management were substituted for the Australian Services Canteens Organization Board of Management as a party to the agreement or instrument; and
(b) any reference in the agreement or instrument to the Australian Services Canteens Organization Board of Management were (except in relation to matters that occurred before that date) a reference to the Army and Air Force Canteen Service Board of Management.
Where, immediately before the commencement of these Regulations, proceedings to which the Australian Services Canteens Organization Board of Management was a party were pending in any court or administrative tribunal, the Army and Air Force Canteen Service Board of Management is, by force of this regulation, substituted for the Australian Services Canteens Organization Board of Management as a party to the proceedings.
Transitional ‑Managing Director and staff of the Canteen Service
(a) held the office of Managing Director under regulation 14 of the Principal Regulations; or
(b) was employed under regulation 20 of the Principal Regulations, as the case may be,
shall, by virtue of this sub-regulation, be deemed to have been, on that date‑
(c) appointed as Managing Director of the Army and Air Force Canteen Service under regulation 14 of the Principal Regulations as amended by these Regulations; or
(d) engaged as an employee of that Service under regulation 20 of the Principal Regulations as amended by these Regulations,
as the case may be.
The terms and conditions of service or employment (in respect of matters not provided for by the Principal Regulations as amended by these Regulations) of a person deemed by sub-regulation (1) to have been appointed under regulation 14 or employed under regulation 20 shall, until those terms and conditions are determined under regulation 14 or 20 of the Principal Regulations as amended by these Regulations, as the case may be, be that person’s terms and conditions of service or employment, as the case requires, immediately before the commencement of these Regulations.
Where entitlements had accrued to a person in respect of service in the office referred to in paragraph (1) (a) or employment referred to in paragraph (1) (b), and that person is deemed under sub-regulation (1) to have been—
(a) appointed as Managing Director of the Army and Air Force Canteen Service; or
(b) engaged as an employee of that Service,
those entitlements shall be deemed to have accrued to him as Managing Director of that Service or as an employee of that service, as the case may be.
Where it is necessary to determine a person’s length of service as Managing Director of the Army and Air Force Canteen Service or as an employee of that Service, and that person is deemed to have been appointed or engaged, as the case may be, by virtue of paragraph (1) (c) or (1) (d), his length of service in the office referred to in paragraph (1) (a) or employment referred to in paragraph (1) (b), as the case may be, shall be included.
Where the Minister is satisfied that any moneys are not so required, he shall authorize their distribution, in a manner approved by him, for the benefit of members of the Army and Air Force.
* Notified in the
Commonwealth of Australia Gazette on 28 July 1981.Statutory Rules 1959 No. 40 as amended by Statutory Rules 1972 No. 58; 1974 No. 140; 1976 Nos. 49 and 107.
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