Naval Account Regulations (Amendment) (Cth)

      

Statutory Rules

1976 No. 79

REGULATIONS UNDER THE AUDIT ACT 1901-1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Audit Act 1901-1975.

Dated this fourth day of March, 1976.

John R. Kerr

Governor-General.

By His Excellency’s Command,

(SGD) Eric Robinson

Minister of State for Post and Telecommunications

for and on behalf of the Treasurer.

________

 

Amendments of the Naval Account Regulations 

Commencement.

1. These Regulations shall be deemed to have come into operation on 9 February 1976.

2. Regulation 5 of the Naval Account Regulations is repealed and the following regulations substituted:—

Definitions.

“ 5. In these Regulations, unless the contrary intention appears—

“ Accounting Authority ” means the person for the time being holding, or performing the duties of, an office in the Australian Public Service specified by the Minister;

“ Certifying Officer ” has the same meaning as in regulation 4 of the Treasury Regulations;

“ Commanding Officer ” means the officer appointed in command of a ship or, where that officer ceases to exercise his command for any reason, the officer who succeeds to the command of the ship;

“ member ” means a member of the Navy;

“ Minister ” means the Minister of State administering the Naval Defence Act 1910-1975;

“ naval establishment ” has the same meaning as in the Naval Defence Act 1910-1975;

“ officer ” means a member who is an officer;

“ pay account ” means an account maintained in pursuance of regulation 28;

“ Receiver of Public Moneys ” means a Receiver of Public Moneys appointed under the. Treasury Regulations;

“ safe ” includes a strongroom;

“ sailor ” means a member other than an officer;

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* Notified in the Australian Government Gazette on 16 March 1976.

  Statutory Rules 1926, No. 189 as amended by Statutory Rules 1928, No. 133; 1932, No. 93; 1933, No. 68; and 1942, Nos. 184 and 542.

10005/76 Recommended retail price 20c

 10/5.2.1976

“ salary ” includes pay;

“ ship ” means a ship in commission in the service of the Navy and includes a naval establishment that is in commission in the service of the Navy as if it were a ship;

“ Supply Officer ” means the officer in charge of accounting, supply and secretariat duties in a ship.

Delegations.

“ 5a. (1) The Minister may, by instrument in writing, delegate to—

(a) the person for the time being holding, or performing the duties of, a position on the establishment of the Navy, the Army or the Air Force, being an officer of the Defence Force; or

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

any of his powers or functions under these Regulations except this power of delegation.

“ (2) Subject to any directions of the Minister, a Commanding Officer may delegate to an officer of the Navy any of his powers or functions under these Regulations, except this power of delegation.

“ (3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Commanding Officer, as the case may be.”.

Cash Account.

3. Regulation 7 of the Naval Account Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulation:—

“ (1) Subject to these Regulations, the Supply Officer shall maintain a record, called the Cash Account, of all public moneys received by him in such form and in such manner as the Minister directs.”.

4Regulation 11 of the Naval Account Regulations is repealed and the following regulation substituted:—

Debiting of amounts due to Australia.

“ 11. An amount due to the Commonwealth by a member may be debited against his pay account.”.

5. Regulation 1 5 of the Naval Account Regulations is repealed and the following regulation substituted:—

Disposal of public moneys.

“ 15. (1) Where the balance of public moneys in the charge of the Supply Officer is in excess of expected requirements, he shall arrange for the excess amount to be paid to the nearest Receiver of Public Moneys or to such other person as the Minister directs.

“ (2) On supersession or relief of the Supply Officer, he shall transfer the balance of public moneys in his charge to the officer assuming the duties of Supply Officer.

“ (3) When the ship goes out of commission, the Supply Officer shall pay the balance of public moneys in his charge to the nearest Receiver of Public Moneys or to such other person as the Minister directs.”.

6. Regulations 28 and 29 of the Naval Account Regulations are repealed and the following regulation substituted:—

Pay accounts.

“ 28. Accounts of salary and allowances accrued due to, and of charges against the salary and allowances of, members shall be maintained by the Supply Officer in such form and in such manner as the Minister directs.”

Savings banks in ships.

7. Regulation 32 of the Naval Account Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulations: —

“ (3) Subject to the directions of the Minister, the Supply Officer may receive savings bank moneys and bring them to account in the Cash Account pending adjustment with the Commonwealth Savings Bank.

“ (4) The Commonwealth shall not be liable for any loss suffered by any person owing to the mistake, misappropriation or fraud of a Supply Officer in his capacity as an agent of the Commonwealth Savings Bank.”.

8. Regulation 110 of the Naval Account Regulations is repealed and the following regulation substituted:—

Acquittance when payments made by a Government of another country.

“ 110. Payments made by Australia to the Government of another country in reimbursement of payments made by that Government to members of the Australian Navy serving in, or attached to the armed forces of, that other country shall be sufficient acquittance for the payments made to those members.”.

Forms.

9. The Naval Account Regulations are amended by omitting all the forms following regulation 125.

Amendments of the Naval Account Regulations.

10. The Naval Account Regulations are amended as set out in the following table:—

Provision	Amendment
Heading “ APPLICATION OF REGULATIONS ” preceding regulation 1	Repeal.
Regulation 2......................	Omit all words from and including “ His Majesty’s ”, substitute “ ships ”.
Add at the end thereof the following sub-regulation:—
“ (2) Subject to these Regulations, the provisions of the Audit Act 1910-1975 and of the Treasury Regulations apply in respect of the receipt and expenditure of public moneys in ships.".
Regulation 4......................	Repeal.
Regulation 6......................	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Sub-regulation 7 (3)...........	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Sub-regulation 8 (1)...........	Omit, substitute the following sub-regulation:—
“ (1) All public moneys in the charge of a Supply Officer shall be kept in a safe provided for the purpose.
“ (1a) A safe provided for the purpose referred to in sub-regulation (1) shall be used only for the storage of public moneys.".
Sub-regulation 8 (2)...........	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit “ such money ”, substitute “ public moneys in his charge ”.
Omit “ public money ”, substitute “ public moneys ”.
Omit “ chests ”, substitute “ safes ”.
After “ keys ”, insert “ of the safe provided for the purpose referred to in sub-regulation (1) ”.
Regulation 9......................	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit “ in the manner prescribed in ”, substitute “ in accordance with ”.

 

Provision	Amendment
Regulation 10....................	Omit “ Accountant Officer ” , substitute “ Supply Officer ”.
Omit “ amounts ”, substitute “ moneys ”.
Omit “ obtained from the Director of Navy Accounts ”, substitute “ supplied to him for the purpose ”.
Sub-regulation 12 (1)..........	Omit, substitute the following sub-regulation:—
“ (1) Moneys received by the Supply Officer on behalf of the Commonwealth shall be stored, with other public moneys, in accordance with sub-regulation 8 (1) and may be used for the payment of accounts as if they had been advanced to the Supply Officer for that purpose.".
Regulation 13....................	Repeal, substitute the following regulation:—
“ 13. (1) Moneys deposited with the Supply Officer for custody only shall be stored in a separate safe from that in which public moneys are kept.
“ (2) All moneys in the charge of the Supply Officer which belong to the ship’s fund, the service canteen or a mess fund shall be kept in a separate safe from that in which public moneys are kept.
“ (3) The Commonwealth shall not be liable to make good losses of moneys deposited with the Supply Officer for custody only.".
Sub-regulation 14 (1)..........	Omit, substitute the following sub-regulation:—
“ (1) The Supply Officer may obtain advances of cash only in such manner as the Minister directs.”.
Sub-regulation 14 (2)..........	After “ advances ” insert “ of cash ”.
Omit “ of the service ”.
Sub-regulation 14 (3)..........	Omit.
Regulation 16....................	Omit “ instructions issued by the Naval Board ”, substitute “ any directions given by the Minister ”.
Omit “ Accountant Officer ” (first occurring), substitute “ Supply Officer ”.
Omit “ money ” (first occurring), substitute “ moneys ”.
Omit “ pay ”, substitute “ salary ”.
Omit from paragraph (a) “ Commanding Officer and the Accountant Officer ”, substitute “ Certifying Officer ”.
Omit paragraph (b).
Omit from paragraph (c) “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit paragraph (d).
Omit from paragraph (c) “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit from paragraph (e) “ money chest ”, substitute “ safe ”.
Regulation 17....................	Repeal.
Regulation 18....................	Repeal.
Regulation 19....................	Repeal.
Sub-regulation 20 (1)..........	Omit “ Service ”, substitute “ Navy ”.
Omit “ inflicted ”, substitute “ imposed ”.
Omit “ of the ship’s company ”.
Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit “ money ”, substitute “ moneys ”.
Sub-regulation 20 (2)..........	Omit.
Regulation 20a..................	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit “ pay and allowances (including deferred pay) ”, substitute “ salary and allowances ”.

 

Provision	Amendment
Regulation 21....................	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit “ on Form A.S. 30Y ”.
Omit “ or Loan Account ”.
Sub-regulation 22 (1)..........	Omit “ Accountant Officer ”, substitute “ Supply Officer ”.
Omit all the words after “ them ” (first occurring).
Sub-regulation 22 (2)..........	Omit.
Sub-regulation 22 (3)..........	Omit “ On the last clay of each month the ”, substitute “ The ”.
Omit “, or cause two or more officers specially appointed by him to examine ”.
Omit “ for the month ”.
Omit “ money ”, substitute “ moneys ”.
Regulation 22....................	Add at the end thereof, the following:—
“ (4) The Commanding Officer shall send the Cash Account and Summary and all supporting vouchers to the Accounting Authority as soon as possible after the termination of each month.”.
Sub-regulation 23 (1)..........	Omit “, or two or more officers specially appointed by him,”.
Omit “ Accountant Officer’s ”, substitute “ Supply Officer’s ”.
Omit “ cash-book ”, substitute “ Cash Account ”.
Omit from paragraph (d) “ Accountant Officer ”, substitute “ Supply Officer ”.
Regulation 24....................	Repeal.
Sub-regulation 25 (1)..........	Omit “ pay ”, substitute “ salary ”.
Omit “ of the Naval Seagoing Forces ”, substitute “ rendering continuous full-time naval service ”.
Omit “ payment to the Ship’s Company ”, substitute “ payments of salary and allowances ”.
Sub-regulation 26 (1)..........	Omit.
Sub-regulation 26 (2)..........	Omit.
Sub-regulation 26 (3)..........	Omit “ The Commanding Officer ”, substitute “ On a payday, the Commanding Officer ”.
Omit “ the ship’s company and supernumeraries ”, substitute “ members ”.
Omit “ men ” (wherever occurring), substitute “ members ”.
Sub-regulation 26 (4)..........	Omit, substitute the following sub-regulation:—
“ (4) Payment of salary and allowances to members on the occasions referred to in sub-regulation (3) may be made without acquittance but a certificate shall be given by the Supply Officer and by another officer authorized for the purpose by the Commanding Officer that they witnessed the making of the payment.”.
Sub-regulation 26 (5)..........	Omit.
Sub-regulation 26 (6)..........	Omit.
Sub-regulation 26 (7)..........	Omit.
Sub-regulation 26 (8)..........	Omit.
Sub-regulation 26 (9)..........	Omit.

 

Provision	Amendment
Regulation 27....................	Omit “ ratings of a ship’s company ”, substitute “ sailors ”.
Omit “ the Accountant Officer, and by another officer of the Accountant Branch, and by an officer of the Executive Branch,”, substitute “ the Supply Officer, the assistant to the Supply Officer and another officer,”.
Omit all the words from and including “ Such certificate ”.
Regulation 30....................	Omit “ Naval Board ”, substitute “ Minister ”.
Omit “ men ”, substitute “ sailors ”.
Omit “ pay ”, substitute “ salary and allowances ”.
Regulation 31....................	Repeal.
Sub-regulation 32 (1)..........	Omit “ Naval Board ” (wherever occurring), substitute “ Minister ”.
Omit “ Accountant Officers ”, substitute “ Supply Officers ”.
Omit “ His Majesty’s Australian Ships ”, substitute “ ships ”.
Part III...............................	Repeal.
Regulation 106...................	Repeal.
Regulation 107...................	Omit “ Director of Navy Accounts ”, substitute “ Accounting Authority ”.
Omit “ His Majesty’s Australian Ships, Naval Establishments, and Offices ”, substitute “ ships ”.
Regulation 108...................	Repeal.
Regulation 109...................	Repeal.
Regulation. 111..................	Repeal.
Regulation 112...................	Repeal.
Regulation 113...................	Repeal.
Regulation 114...................	Repeal.
Regulation 114a................	Repeal.
Regulation 115...................	Omit all words from and including “ herein referred to or forms to the like effect ”, substitute “ approved by the Minister ”.
Regulation 116...................	Repeal.
Regulation 117...................	Repeal.
Regulation 118...................	Repeal.
Regulation 119...................	Repeal.
Regulation 120...................	Repeal.
Regulation 121...................	Repeal.
Regulation 122...................	Repeal.
Regulation 123...................	Repeal.
Regulation 124...................	Repeal.

     

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