Army and Air Force Canteen Service Amendment Regulations 2001 (No. 2)

Overview

The Army and Air Force Canteen Service Amendment Regulations 2001 (No. 2) were enacted to address the need for modernisation in public service terminology across various defence-related regulations. This set of regulations, issued by the authority of the Minister for Veterans' Affairs, amends three sets of regulations: the Defence (Areas Control) Regulations 1989, the Army and Air Force Canteen Service Regulations 1959, and the Weapons of Mass Destruction Regulations 1995. These amendments were necessitated by changes introduced in the Public Service Act 1999, which sought to replace outdated public service titles with contemporary terminology. Specifically, the Regulations revise references to titles of Australian Public Service (APS) officers and employees to whom powers have been delegated, thus aligning with the updated terminology. The overarching objective of these amendments is to ensure that the delegation of powers within the Defence framework reflects current public service structures and roles.

Scope and Application

The Army and Air Force Canteen Service Amendment Regulations 2001 (No. 2) amends the Army and Air Force Canteen Service Regulations 1959, which are made under the Defence Act 1903. This regulation specifically modernises the terminology used in the delegation of powers within the canteen service for members of the Army and Air Force. The amendment revises the references to titles of Australian Public Service (APS) officers and employees to whom powers have been delegated, in line with the updates in public service terminology brought about by the Public Service Act 1999. These Regulations apply to the Minister for Veterans’ Affairs and the broader Defence force, particularly those involved in the administration and operation of the canteen service. The changes are confined to the Australian jurisdiction, as the Defence Act and its subsidiary regulations operate within the Commonwealth of Australia. There are no stated exclusions or thresholds in these Regulations; they apply broadly to the specified delegation provisions within the canteen service regulations. The Regulations themselves do not extend or restrict their application through subordinate instruments but rather provide a direct update to the existing framework.

Key Provisions

The Army and Air Force Canteen Service Amendment Regulations 2001 (No. 2) primarily concern the modification of existing regulations to update terminology in line with changes made by the Public Service Act 1999 (sections 2 and 3). The key sections affected are sections 124 of the Defence Act 1903 and 21 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995. These sections provide the authority for the Governor-General to issue regulations that are necessary for the Acts' operation. This particular amendment focuses on updating references to positions within the Australian Public Service (APS) to modernise the terminology used in the Defence (Areas Control) Regulations 1989, Army and Air Force Canteen Service Regulations 1959, and Weapons of Mass Destruction Regulations 1995. The Regulations impose obligations on the Minister for Veterans' Affairs to update the delegation of powers to align with the current terminology outlined in the Public Service Act 1999. For example, in the Defence (Areas Control) Amendment Regulations 2001, the Minister’s ability to delegate powers is now extended to an "SES employee" instead of a "Senior Officer Grade A". Similarly, the Army and Air Force Canteen Service Amendment Regulations 2001 modify the delegation of powers to an "SES employee" instead of an "Administrative Service Officer Class 8". The Weapons of Mass Destruction Amendment Regulations 2001 update the references to allow delegation to an "SES employee in the Department" or an "APS employee in the Department with the classification of Executive Level 2, or an equivalent classification", instead of a "Senior Executive Officer", "an officer of the Department", or a "Senior Grade A or B". There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breaches of these Regulations. The primary focus of these amendments is on updating terminology to ensure consistency with the current legislative framework and public service roles, rather than introducing new penalties or enforcement measures. The Regulations are intended to streamline the delegation of powers within the specified areas to reflect contemporary public service classifications and roles.