Army and Air Force Canteen Service Regulations (Amendment) 1995 No. 188
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 188
Issued by the Authority of the Minister for Defence
Defence Act 1903
Army and Air Force Canteen Service Regulations (Amendment)
Background
The Army and Air Force Canteen Service Regulations (the Principal Regulations), made under the Defence Act 1903, provide for the establishment and operation of the Army and Air Force Canteen Service (the Canteen Service). The purposes of the Canteen service are set out in subregulation 4(3) of the Principal Regulations, and include the supply of goods, facilities and services for the recreation of members of the Army or the Air Force and persons employed in Army or Air Force installations, their dependants, visitors to the installations, and cadets.
The Canteen Service is conducted and controlled by a Board of Management (the Board), which is established by regulation 9 of the Principal Regulations. Regulation 13 sets out the powers, duties and functions of the Board. These include powers to acquire and dispose of property, sell goods and provide services, open, conduct and close canteens, invest moneys, and enter into contracts.
Regulation 10 of the Regulations sets out the composition of the Board. The Board consisted of: 2 officers of the Army not below the rank of Major-General, and 2 officers of - the Air Force not below the rank of Air Vice-Marshal, appointed by the respective Chiefs of Staff; an officer of the Department of Defence appointed by the Secretary to 'that Department; 2 persons who have had extensive business or commercial experience, appointed by the Minister; and the Managing Director of the Canteen service.
Changes
The Regulations amend the Principal Regulations to enable the Minister to appoint an additional external member to the Board. The additional member will be appointed to represent broader community interests so there was no requirement for specific qualifications to be stated.
Paragraph 10 (1) (d) of the Principal Regulations provided f or the Minister to appoint the 2 Board members who have had extensive business or commercial experience. A substituted paragraph 10 (1) (d) provides for 3 persons to be appointed by the Minister, at least 2 of whom have had extensive business or commercial experience. A consequential amendment is made to subregulation 25 (2) of the Principal Regulations, which provides for the remuneration of members appointed under paragraph 10(1)(d).
Commencement
The Regulations came into operation on the date of gazettal.
Overview
The Army and Air Force Canteen Service Regulations (Amendment) 1995, Statutory Rules 1995 No. 188, was enacted to introduce changes to the composition of the Board of Management for the Army and Air Force Canteen Service (Canteen Service), as established under the Defence Act 1903. This amendment was made to allow for a broader representation of community interests within the Board by enabling the Minister for Defence to appoint an additional external member. The amendment ensures that the Board, which oversees the operation and control of the Canteen Service, can benefit from a wider range of experiences and perspectives. The purpose of this change was to enhance the governance and management of the Canteen Service by including a member who represents the broader community, thereby improving the service's alignment with community needs and expectations.
Scope and Application
The Army and Air Force Canteen Service Regulations (Amendment) 1995 applies to the Army and Air Force Canteen Service, which is established and operated under the Defence Act 1903. The Regulations are designed to facilitate the supply of goods, facilities, and services for the recreation of members of the Army and Air Force, their dependents, visitors, and cadets. The scope of these Regulations encompasses the Board of Management that governs the Canteen Service, including its powers, duties, and functions. The Board's powers include acquiring and disposing of property, selling goods, providing services, opening and closing canteens, investing moneys, and entering into contracts. The Regulations also cover the composition and appointment of Board members, with specific provisions for the appointment of members with business or commercial experience and an additional member to represent broader community interests. These Regulations have a national reach as they are made under Commonwealth legislation, the Defence Act 1903. The changes introduced by these Regulations came into operation on the date of gazettal, with no specific exclusions or exemptions mentioned. The application of these Regulations may be further extended or restricted through subordinate instruments as deemed necessary.
Key Provisions
The Army and Air Force Canteen Service Regulations (Amendment) 1995 No. 188 amends the existing Army and Air Force Canteen Service Regulations (the Principal Regulations) to introduce changes primarily concerning the composition of the Board of Management (the Board) responsible for overseeing the Canteen Service. Regulation 10, which details the composition of the Board, is significantly altered by this amendment. Specifically, regulation 10(1)(d) is amended to allow the Minister to appoint three members to the Board, with at least two of these members required to have extensive business or commercial experience (regulation 10(1)(d)). This represents a change from the previous requirement of appointing two members with such experience.
The obligations imposed by these regulations primarily concern the Board's role and responsibilities in managing the Canteen Service. Regulation 13 outlines the powers, duties, and functions of the Board, including the authority to acquire and dispose of property, sell goods and services, open and close canteens, invest moneys, and enter into contracts. With the amendment, the Board now includes an additional member appointed to represent broader community interests, which may influence the strategic direction and governance of the Canteen Service.
The regulations also introduce consequential changes to other provisions to align with the new Board composition. For instance, subregulation 25(2) is amended to adjust the remuneration details for the new members appointed by the Minister. These changes aim to ensure that the Board is well-equipped to manage the Canteen Service effectively, reflecting a broader range of interests and expertise.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement for breaches of these amended regulations. However, non-compliance with the regulations governing the Board's duties and powers could potentially lead to broader legal or administrative consequences, such as disputes over the management of the Canteen Service or challenges to the Board's decisions and actions. The precise consequences would depend on the nature of the breach and the specific provisions of the Defence Act 1903 and any related legislation.