EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 275
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
ARMY AND AIR FORCE CANTEEN SERVICE REGULATIONS (AMENDMENT)
The Army and Air Force Canteen Service Regulations, made under the Defence Act, provide for the establishment and operation of the Army and Air Force Canteen Service.
Paragraph (1)(d) of regulation 3A provided for the Minister for Defence to delegate any of his powers under the regulations to a person holding an office in the First or Second Division of the Australian Public Service. This Statutory Rule amends paragraph (1)(d) to substitute “Australian Public Service the minimum rate of salary for which exceeds the maximum rate of salary for an office of Clerk, Class 11, in that Service” for “First or Second Division of the Australian Public Service”.
The purpose of the amendment is to remove reference to the divisional structure of the Australian Public Service.
The Statutory Rule has effect from the date of gazettal.
Overview
The Army and Air Force Canteen Service Regulations (Amendment) Statutory Rules 1996 were enacted to refine the delegation of powers within the Army and Air Force Canteen Service, governed under the Defence Act. This amendment responds to a need to streamline the administrative framework by removing references to the specific divisions within the Australian Public Service. Instead, the amendment shifts the focus to the minimum salary rate, ensuring that the delegate holds a position with a salary exceeding that of a Clerk, Class 11. This change aims to simplify the regulatory language while maintaining the integrity of the delegation process. The amendment was issued under the authority of the Minister for Defence and took effect from the date of its gazettal.
Scope and Application
The Army and Air Force Canteen Service Regulations (Amendment) Statutory Rule 1982, issued under the authority of the Minister for Defence, modifies the delegation of regulatory powers concerning the Army and Air Force Canteen Service. These regulations, made under the Defence Act, govern the establishment and operation of the Canteen Service, which serves the Australian Defence Force members and their families. The amendment pertains specifically to the delegation of the Minister's powers to an individual in the Australian Public Service, clarifying that the person must have a salary rate exceeding the maximum rate for a Clerk, Class 11. This change effectively removes the previous reference to the First or Second Division of the Australian Public Service, streamlining the delegation criteria. The amendment applies to anyone involved in the administration and operation of the Canteen Service and has a national reach, as it is a Commonwealth regulation. There are no stated exclusions, exemptions, or thresholds in the text, and the rule takes effect from the date of its gazettal.
Key Provisions
The Army and Air Force Canteen Service Regulations (Amendment) Statutory Rule 1982 No 275, issued under the Defence Act, focuses on modifying the delegation of powers within the Army and Air Force Canteen Service. Specifically, it alters regulation 3A(1)(d) (paragraph 1). This amendment changes the criteria for the delegation of ministerial powers by removing the reference to the First or Second Division of the Australian Public Service and instead specifies that the delegate must hold an office with a salary rate exceeding that of a Clerk, Class 11, in the Australian Public Service. This change is intended to streamline the regulatory framework by eliminating unnecessary references to the divisional structure of the Australian Public Service.
Under the amended regulation, the Minister for Defence now has the authority to delegate any powers to a person in the Australian Public Service whose salary rate exceeds that of a Clerk, Class 11. This delegation empowers the specified individual to act on behalf of the Minister in certain matters related to the operation and administration of the Army and Air Force Canteen Service. This shift ensures that the delegation of powers is aligned with current public service structures and salary scales, providing clarity and efficiency in the regulatory process.
The amendment imposes specific obligations on the parties involved. The Minister for Defence must ensure that any delegated powers are assigned to an individual meeting the new criteria, which includes holding a position with a salary rate above that of a Clerk, Class 11. This individual, upon receiving delegated powers, must exercise them in accordance with the Defence Act and the Army and Air Force Canteen Service Regulations. Furthermore, the Australian Public Service must provide appropriate oversight and support to ensure that delegated powers are used effectively and in compliance with the law.
The Statutory Rule does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the amendment. However, any misuse of delegated powers or failure to adhere to the Defence Act and the Army and Air Force Canteen Service Regulations could lead to broader legal consequences, including potential disciplinary actions against the individual or the office of the Minister for Defence. The overarching legal framework and existing provisions within the Defence Act would govern the enforcement and consequences of such breaches, ensuring that the integrity and operations of the Army and Air Force Canteen Service are maintained.