Naval Account Regulations (Cth)

Case
No judgment structure available for this case.

Text
C2004H02419

NAVAL ACCOUNT REGULATIONS
(#DATE 11:04:1994)

- In force under the Audit Act 1901 - Updated as at 11 April 1994 *1* The Naval Account Regulations (in force under the Audit Act 1901) as shown in this reprint comprise Statutory Rules 1926 No. 189 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1926 No. 189 21 Dec 1926 17 Dec 1926 1928 No. 133 13 Dec 1928 7 Dec 1928 - 1932 No. 93 8 Sep 1932 31 Aug 1932 - 1933 No. 68 8 June 1933 13 Apr 1933 - 1942 No. 184 16 Apr 1942 16 Apr 1942 - 542 23 Dec 1942 23 Dec 1942 - 1976 No. 79 16 Mar 1976 9 Feb 1976 - 157 26 July 1976 26 July 1976 - 1990 No. 245 24 July 1990 24 July 1990 R. 2 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Sub-heading to Part I rep. 1976 No. 79 R. 2 am. 1976 Nos. 79 and 157 R. 4 rep. 1976 No. 79 R. 5 rs. 1976 No. 79 am. 1976 No. 157 R. 5A ad. 1976 No. 79 am. 1976 No. 157 Rr. 6-10 am. 1976 No. 79 R. 11 rs. 1976 No. 79 R. 12 am. 1976 No. 79 R. 13 rs. 1976 No. 79 R. 14 am. 1976 No. 79 R. 15 rs. 1976 No. 79 R. 16 am. 1976 No. 79 Rr. 17-19 rep. 1976 No. 79 R. 20 am. 1976 No. 79 R. 20A ad. 1942 No. 542 am. 1976 No. 79 R. 21 am. 1976 No. 79 R. 22 am. 1976 Nos. 79 and 157 R.23 am. 1976 No. 79 R. 24 am. 1933 No. 68 rep. 1976 No. 79 R. 25 rs. 1933 No. 68 am. 1976 Nos. 79 and 157 R. 26 am. 1928 No. 133; 1976 No. 79 R. 27 am. 1976 No. 79 R. 28 rs. 1976 No. 79 R. 29 rep. 1976 No. 79 R. 30 am. 1976 No. 79 rep. 1990 No. 245 R. 31 rep. 1976 No. 79 R. 32 rs. 1932 No. 93 am. 1976 Nos. 79 and 157 Part III (rr. 33-94, 96-105) rep. 1976 No. 79 Rr. 33-51 rep. 1976 No. 79 R. 52 am. 1928 No. 133 rep. 1976 No. 79 Rr. 53, 54 rep. 1976 No. 79 R. 55 am. 1928 No. 133 rep. 1976 No. 79 Rr. 56-58 rep. 1976 No. 79 Rr. 59, 60 am. 1928 No. 133 rep. 1976 No. 79 Rr. 61-64 rep. 1976 No. 79 Rr. 65, 66 am. 1928 No. 133 rep. 1976 No. 79 Rr. 67-73 rep. 1976 No. 79 R. 74 am. 1928 No. 133 rep. 1976 No. 79 Rr. 75, 76 rep. 1976 No. 79 R. 77 am. 1928 No. 133 rep. 1976 No. 79 Rr. 78, 79 rep. 1976 No. 79 Rr. 80-82 am. 1928 No. 133 rep. 1976 No. 79 R. 83 rep. 1976 No. 79 R. 84 am. 1928 No. 133 rep. 1976 No. 79 R. 85 rep. 1976 No. 79 R. 86 am. 1928 No. 133 rep. 1976 No. 79 Rr. 87-90 rep. 1976 No. 79 R. 91 am. 1928 No. 133 rep. 1976 No. 79 R. 92 rep. 1976 No. 79 R. 93 rs. 1928 No. 133 rep. 1976 No. 79 R. 94 am. 1928 No. 133 rep. 1976 No. 79 R. 95 rep. 1928 No. 133 R. 96 rep. 1976 No. 79 R. 97 am. 1928 No. 133 rep. 1976 No. 79 Rr. 98, 99 rep. 1976 No. 79 R. 100 am. 1928 No. 133 rep. 1976 No. 79 Rr. 101-106 rep. 1976 No. 79 R. 107 am. 1976 No. 79 R. 108 rep. 1976 No. 79 R. 109 am. 1928 No. 133 rep. 1976 No. 79 R. 110 rs. 1976 No. 79 Rr. 111-114 rep. 1976 No. 79 R. 114A ad. 1942 No. 184 rep. 1976 No. 79 R. 115 am. 1976 No. 79 Rr. 116-124 rep. 1976 No. 79 Forms rep. 1976 No. 79

NAVAL ACCOUNT REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Regulation PART I - PRELIMINARY 1. Short title 2. Application of Regulations 3. Repeal 5. Definitions 5A. Delegations PART II - RECEIPT AND EXPENDITURE OF PUBLIC MONEYS IN H.M.A. SHIPS 6. Supply Officer 7. Cash Account 8. Safes 9. Collections 10. Official receipts 11. Debiting of amounts due to the Commonwealth 12. Moneys to be stored in Public Chest 13. Deposits for custody only 14. Advances 15. Disposal of public moneys 16. Payment of accounts 20. Fines inflicted in civil courts 20A. Mess debts 21. Summary of Cash Account 22. Check of Cash Account 23. Check of public money 25. Dates of Payment 26. Muster and miss-muster payment 27. Payments without acquittance 28. Pay accounts 32. Savings Banks in Ships PART IV - MISCELLANEOUS 107. Director of Navy Accounts to furnish monthly statements to Treasury 110. Acquittance when payments made by a Government of another country 115. Forms to be used 125. Treasurer may issue instructions

NAVAL ACCOUNT REGULATIONS - PART I
PART I - PRELIMINARY

NAVAL ACCOUNT REGULATIONS - REG 1
Short title

1. These Regulations may be cited as the Naval Account Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

NAVAL ACCOUNT REGULATIONS - REG 2
Application of Regulations

2. (1) These Regulations shall apply to the receipt and expenditure of public moneys in ships.

(2) Subject to these Regulations, the provisions of the Audit Act 1901 and of the Treasury Regulations apply in respect of the receipt and expenditure of public moneys in ships.

NAVAL ACCOUNT REGULATIONS - REG 3
Repeal

3. All Naval Account Regulations heretofore made, whether provisional or otherwise, are hereby repealed as from the date of the coming into operation of these Regulations.

NAVAL ACCOUNT REGULATIONS - REG 5
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; "naval establishment" has the same meaning as in the Naval Defence Act 1910; "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; "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.

NAVAL ACCOUNT REGULATIONS - REG 5A
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: (i) of the Navy who holds the rank of Commodore or a higher rank; (ii) of the Army who holds the rank of Brigadier or a higher rank; or (iii) of the Air Force who holds the rank of Air Commodore or a higher rank; 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 or Second 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.

NAVAL ACCOUNT REGULATIONS - PART II
PART II - RECEIPT AND EXPENDITURE OF PUBLIC MONEYS IN
H.M.A. SHIPS

NAVAL ACCOUNT REGULATIONS - REG 6
Supply Officer

6. The Supply Officer of a ship, under the direction of the Commanding Officer, shall be responsible for collecting, receiving and disbursing moneys for or on behalf of the Commonwealth, and he shall perform all the duties required of him as laid down in these Regulations.

NAVAL ACCOUNT REGULATIONS - REG 7
Cash Account

7. (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.

(3) The Cash Account shall be balanced on the last day of each month, on the Supply Officer being superseded, and on the ship being paid off.

NAVAL ACCOUNT REGULATIONS - REG 8
Safes

8. (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 subregulation (1) shall be used only for the storage of public moneys.

(2) The Supply Officer shall be held responsible for any loss of public moneys in his charge, and no explanation will be admitted in respect of any loss which may occur unless and until it is satisfactorily proved that the public moneys had always been kept in the safes provided for the purpose, and that the keys of the safe provided for the purpose referred to in subregulation (1) had always been kept in his personal custody.

NAVAL ACCOUNT REGULATIONS - REG 9
Collections

9. The Supply Officer is responsible for bringing to account in accordance with these Regulations moneys due to the Commonwealth.

NAVAL ACCOUNT REGULATIONS - REG 10
Official receipts

10. The Supply Officer shall give proper printed receipts for all moneys received, taken from books of receipt forms supplied to him for the purpose.

NAVAL ACCOUNT REGULATIONS - REG 11
Debiting of amounts due to the Commonwealth

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

NAVAL ACCOUNT REGULATIONS - REG 12
Moneys to be stored in Public Chest

12. (1) Moneys received by the Supply Officer on behalf of the Commonwealth shall be stored, with other public moneys, in accordance with subregulation 8 (1) and may be used for the payment of accounts as if they had been advanced to the Supply Officer for that purpose. Public moneys not to be mixed with private funds

(2) Public moneys shall not be lodged in a Bank to a private account or be mixed with private funds.

NAVAL ACCOUNT REGULATIONS - REG 13
Deposits for custody only

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.

NAVAL ACCOUNT REGULATIONS - REG 14
Advances

14. (1) The Supply Officer may obtain advances of cash only in such manner as the Minister directs.

(2) The Commanding Officer shall be responsible that applications for advances of cash approved by him are limited to necessary requirements for the period covered by the application.

NAVAL ACCOUNT REGULATIONS - REG 15
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.

NAVAL ACCOUNT REGULATIONS - REG 16
Payment of accounts

16. Under the authority of the Commanding Officer and subject to any directions given by the Minister, payment shall be made by the Supply Officer out of the public moneys in his charge of all amounts due for salary and authorized allowances and all authorized contingent and incidental expenditure subject to the following provisions: (a) All accounts shall be certified as to correctness by the Certifying Officer before payment. (c) Except as may be otherwise provided in these Regulations, the Supply Officer shall obtain a proper receipt in writing for every payment made by him. (e) To facilitate the payment of accounts, the Supply Officer may pass an account for an advance of cash. Such an advance shall not appear as a credit entry in the Cash Account but the voucher shall be kept in the safe and the actual expenditure brought to account when sub-vouchers are produced by the officer to whom the advance was made.

NAVAL ACCOUNT REGULATIONS - REG 20
Fines inflicted in civil courts

20. (1) Where the Commanding Officer considers that, in the interests of the Navy, it is desirable to pay the amount of any fine imposed on a member in a Civil Court, the Supply Officer shall do so out of the public moneys in his charge.

NAVAL ACCOUNT REGULATIONS - REG 20A
Mess debts

20A. The Commanding Officer may authorize the Supply Officer to pay from the public moneys in his charge the amount necessary to meet the mess debts or other liabilities of an officer in respect of his mess or any similar debts or liabilities: Provided that the amount so authorized shall not exceed the amount of salary and allowances due to the officer.

NAVAL ACCOUNT REGULATIONS - REG 21
Summary of Cash Account

21. The Supply Officer shall prepare a Summary of Charges for each month, classifying and grouping all expenditure under the various Divisions, Sub-divisions, and Items of the Appropriation Act and under each Trust Fund.

NAVAL ACCOUNT REGULATIONS - REG 22
Check of Cash Account

22. (1) Within 3 days after the termination of each month the Cash Account and Summary with supporting vouchers, are to be delivered by the Supply Officer to the Commanding Officer, who shall give him a receipt for them.

(3) The Commanding Officer shall examine the Cash Account and, in so doing, the vouchers or other necessary documents in support of the debits and credits shall be inspected, and the amounts compared with the several entries in the Cash Account. The balance of public moneys, as shown in the Account shall be compared with the balance actually found, and the Account and Certificate signed.

(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.

NAVAL ACCOUNT REGULATIONS - REG 23
Check of public money

23. (1) The Commanding Officer shall count the balance of public money in the Supply Officer's charge, and compare it with that shown by the Cash Account: (a) At uncertain periods, but at least once in three months and without previous warning. (b) On the last day of each month, after all payments for the month have been made. (c) On the ship being paid off or going out of commission. (d) On the Supply Officer being superseded or relieved.

NAVAL ACCOUNT REGULATIONS - REG 25
Dates of Payment

25. (1) Payments of salary and allowances to members rendering continuous full-time naval service shall be made fortnightly.

(2) The Treasurer may authorize payments of pay and allowances to be made on a day other than the authorized pay day.

(3) In special circumstances the Commanding Officer may authorize payments of salary and allowances on a day other than the authorized pay day, provided that the authority of the Treasurer shall be obtained in any case where it is proposed to pay in advance for a period exceeding 3 days.

NAVAL ACCOUNT REGULATIONS - REG 26
Muster and miss-muster payment

26. (3) On a pay day, the Commanding Officer shall arrange for members to be mustered for payment at the time most convenient to the Service, and when the smallest number of members will be absent on duty and for the subsequent payment on the same day of those members who were absent from the general muster. Witness to payments

(4) Payment of salary and allowances to members on the occasions referred to in subregulation (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.

NAVAL ACCOUNT REGULATIONS - REG 27
Payments without acquittance

27. Payments to sailors, in respect of travelling allowance, prize money, or other payments under Regulations, may be made without acquittance, subject to the production of a certificate, signed by the Supply Officer, the assistant to the Supply Officer and another officer, that the amounts were duly paid in their presence to the persons whose names are shown and that such persons were entitled to receive the money.

NAVAL ACCOUNT REGULATIONS - REG 28
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.

NAVAL ACCOUNT REGULATIONS - REG 32
Savings Banks in Ships.

32. (1) Subject to the approval of the Minister, agencies of the Commonwealth Savings Bank may be established in ships, and the Minister may permit Supply Officers of such ships to be appointed as agents of the Commonwealth Savings Bank for the purpose of transacting Savings Bank business.

(2) Except as provided in subregulation (3) Savings Bank moneys shall not be treated as public moneys for the purposes of these 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.

NAVAL ACCOUNT REGULATIONS - PART IV
PART IV - MISCELLANEOUS

NAVAL ACCOUNT REGULATIONS - REG 107
Director of Navy Accounts to furnish monthly statements to Treasury

107. The Accounting Authority shall keep such records and accounts as may be necessary to carry out the provisions of these Regulations and shall furnish to the Treasury such returns, statements, and accounts as may be required for the proper recording and reconciling of all transactions relating to the receipt and expenditure of public moneys in ships.

NAVAL ACCOUNT REGULATIONS - REG 110
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.

NAVAL ACCOUNT REGULATIONS - REG 115
Forms to be used

115. The forms of accounts to be used shall be those approved by the Minister.

NAVAL ACCOUNT REGULATIONS - REG 125
Treasurer may issue instructions

125. Notwithstanding anything contained in these Regulations the Treasurer may issue such instructions as he deems necessary in connexion with the receipt and payment of and due accounting for public moneys.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0