Army (Canteens Service) Regulations (Amendment)

Overview

The Statutory Rules 1953 No. 58 were enacted to make amendments to the Army (Canteens Service) Regulations under the Defence Act 1903-1952. These regulations were made by the Governor-General in accordance with advice from the Federal Executive Council. The primary objective of these regulations was to redefine the composition of the Canteens Service Board, its remuneration, and the status of the Director of the Canteens Service. The Defence Act 1903-1952 established the framework for managing defence-related activities, and these regulations aimed to provide clearer guidance and structure for the operation of canteens within the military. The regulations introduced by these rules sought to ensure proper oversight and administration of the Canteens Service within the Army.

Scope and Application

These regulations, enacted under the Defence Act 1903-1952, primarily focus on amendments to the Army (Canteens Service) Regulations, impacting the constitution and operations of the Canteens Service Board within the Australian Defence Force. They apply to the Chairman, Deputy Chairman, and other members of the Board, including the Director of the Canteens Service, as well as any advisory committees formed under these regulations. The regulations are applicable to the Commonwealth of Australia and are intended to govern the administrative and financial aspects of the Canteens Service, including the remuneration and allowances for Board members. Notably, the regulations clarify that Board members and the Director of the Canteens Service are not generally entitled to remuneration for their services unless specifically directed by the Minister, although they may be reimbursed for out-of-pocket expenses. Moreover, members of the Military Forces who receive remuneration from the Board are not entitled to their military pay and allowances for the period during which they are compensated by the Board. These provisions are intended to ensure proper financial management and accountability within the Canteens Service framework.

Key Provisions

The key provisions of this legislation, which amends the Army (Canteens Service) Regulations under the Defence Act 1903-1952, focus primarily on the composition and remuneration of the Board overseeing the Canteens Service. Regulation 8 specifies that the Board will consist of a Chairman, a Deputy Chairman, the Director of the Canteens Service, and four other members, with the Chairman, Deputy Chairman, and one additional member appointed by the Minister. Two more members will be officers appointed by the Military Board, and one will be a person appointed by the Treasurer (subsection 8(1) and (2)). Regulation 14 alters the qualification of the Director of the Canteens Service to be a person rather than an officer (subsection 14(1)). Regulation 26 outlines that members of the Board or Advisory Committees are not generally entitled to remuneration except for the Chairman, Deputy Chairman, the member appointed by the Minister, and the Director of the Canteens Service, who can receive remuneration as directed by the Minister (subsection 26(1) and (2)). If these individuals are also members of the Military Forces, they will not receive their military pay and allowances for the period they receive remuneration from the Canteens Service funds (subsection 26(3)). This regulation also allows for reimbursement of out-of-pocket expenses for Board or Advisory Committee members (subsection 26(4)(a)) and maintains the military pay and allowances for those who are members of the Military Forces (subsection 26(4)(b)). The legislation imposes several obligations on the parties it governs. The Minister is responsible for appointing the Chairman, Deputy Chairman, and one additional member of the Board. The Military Board appoints two officers to serve on the Board, while the Treasurer appoints one civilian member. The Director of the Canteens Service is deemed to have been entitled to remuneration as directed by the Minister from the time of their appointment until the commencement of these Regulations. The Board must ensure that any remuneration paid to its members complies with the specified guidelines, including the prohibition on double-dipping for military personnel serving on the Board or as the Director. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these regulations. However, the authority to direct remuneration and the conditions under which it can be paid suggest that failure to comply with these provisions could result in legal challenges or administrative penalties. For example, if a member of the Board or Advisory Committee were to receive remuneration or allowances to which they are not entitled under the regulations, this could be considered a breach of their obligations. The Minister's authority to direct remuneration implies that any improper payment could be rectified or subject to review by the appropriate authorities.