Australian Services Canteens Organization Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B00957 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 119

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I. THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this fifth day of February, 1976.

Governor-General

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Australian Services Canteens Organization REGULATIONS †

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

2. After regulation 3 of the Australian Services Canteens Organization Regulations the following regulation is inserted:—

Delegations.

“ 3a. (1) The Minister may, by writing signed by him, delegate to—

(a) a commissioned officer of the Defence Force; or

(b) a person for the time being holding or performing the duties of an office in the First, Second or Third Division of the Australian Public Service,

any of his powers or functions under those Regulations, other than this power of delegation.

(2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.”.

3. After regulation 4 of the Australian Services Canteens Organization Regulations the following regulation is inserted:—

Arrangments with Repatriation Commission.

“ 4a. (1) The Council may enter into an arrangement with the Repatriation Commission under which the Canteens Organization is to supply, or arrange for the supply of, goods to canteens at hospitals, conducted by the Commission.

* Notified in the Australian Government Gazette on 6 February 1976.

† Statutory Rules 1959, No. 40, as amended by Statutory Rules 1972, No, 58; and 1974, No. 140.

18426/75—Recommended retail price 8c 10/5.1.1976

“ (2) An arrangement shall not be entered into by the Council under sub-regulation (1) if the implementation of that arrangement would adversely affect the ability of the Canteens Organization to carry out any of the functions referred to in sub-regulation 4 (1).”.

Constitution of Council.

4. Regulation 5 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulations (3), (4), (5), (6) and (7) and substituting the following sub-regulations:—

“ (3) The persons referred to in paragraphs (2) (a), (b) and (c) shall be appointed by the Minister on the respective nominations of the Chief of Naval Staff, the Chief of the General Staff and of the Chief of the Air Staff.”.

“ (4) The persons referred to in paragraph (2) (d) and the person referred to in (2) (c) shall be appointed by the Minister.”.

5. Regulation 7 of the Australian Services Canteens Organization Regulations is repealed and the following regulation is substituted:—

Chairman of the Council.

“ 7. (1) The Chairman of the Council shall be appointed by the Minister from amongst the persons referred to in paragraphs 5 (2) (a), (b) and (c).

“ (2) The term of appointment of a person as Chairman of the Council shall not exceed 2 years.

“ (3) Nothing in this regulation shall be taken as preventing the reappointment of a person to be the Chairman of the Council.”.

Meetings of Council.

6. Regulation 8 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:—

“ (4) At a meeting of the Council—

(a) one of the persons referred to in paragraph 5 (2) (a);

(b) one of the persons referred to in paragraph 5 (2) (b);

(d) one of the persons referred to in paragraph 5 (2) (d); and

(e) 4 other members of the Council,

constitute a quorum.”.

Constitution of Board.

7. Regulation 10 of the Australian Services Canteens Organization Regulations is amended—

(a) by omitting paragraphs (b), (c) and (d) of sub-regulation (1) and substituting the following paragraphs:—

“ (b) an officer of the Navy;

(d) an officer of the Air Force;

(da) a person representing the Minister;”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The members of the Board referred to in paragraphs (1) (b), (c), (d), (da) and (e) shall respectively be appointed by the Chief of Naval Staff, the Chief of the General Staff, the Chief of the Air Force, the Minister and the Treasurer.”.

Staff of Canteen Service.

8. Regulation 20 of the Australian Services Canteens Organization Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The terms and conditions of employment (other than those provided for by these Regulations) of persons engaged under sub-regulation (1) shall be determined by the Board having regard to the advice of the Public Service Board and shall be in accordance with any directions issued by the Minister.”.

Exemption from certain laws.

9. Regulation 27 of the Australian Services Canteens Organization Regulations is amended—

(a) by inserting after the word “ State ” the words “ or of a Territory ”;

(b) by omitting from sub-paragraph (i) of paragraph (b) the words “ the Commonwealth ” and substituting the word “ Australia ”; and

“ (iii) who is employed by or in the Department of Defence;”.

Amendments of the Australian Services Canteens Regulations.

10. The Australian Services Canteens Organization Regulations are amended as set out in the following table:—

Provision	Amendment
Regulation 2...............	Omit “ the first day of July,”, substitute “ 1 July ”.
Regulation 3...............	Omit from the definition of “ financial year ” the word “ twelve ”, substitute the figures “ 12 ”.
	Omit from the definition of “naval canteen” the words “ Naval Board for members of the Naval Forces ”, susbtitute the words “ Chief of Naval Staff for members of the Navy ”.
	Omit the definition of “ the Minister ”.
Sub-regulation 4 (1)..........	Omit from paragraph (a) “ Military Forces ”, substitute “ Army ”.
	Omit from paragraph (e) “ Commonwealth ”, substitute “ Australian Public Service ”.
Sub-regulation 3 (2)..........	Omit “ three ” (wherever occurring), substitute “ 3 ”.
	Omit from paragraph (a) “ Naval Forces ”, substitute “ Navy ”.
	Omit from paragraph (b) “ Military Forces ”, substitute “ Army ”.
Sub-regulation 6 (3)..........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
Sub-regulation 8 (2)..........	Omit “ six ”, substitute “ 6 ”.
Sub-regulation 10 (3).........	Omit “ paragraph (a) of sub-regulation (1) of this regulation ”, substitute “ paragraph (1) (a) ”.
Sub-regulation 10 (4).........	Omit “ paragraph (a) of sub-regulation (1) of this regulation ”, substitute “ paragraph (1) (a) ”.
Sub-regulation 12 (4).........	Omit “ five ”, substitute “ 5 ”.
Regulation 13..............	Omit from paragraph (c) “ Military Forces ”, substitute “ Army ”.
	Omit from paragraph (c) “ of these Regulations ”.
	Omit from paragraph (g) “ Commonwealth ”, substitute “ Australian Public Service ”.
	Omit from paragraph (h) “ the Commonwealth ”, substitute “ Australia ”.

Provision	Amendment
Sub-regulation 14 (2).........	Omit “ Council ”, substitute “ Minister ”.
Sub-regulation 15 (1).........	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 15 (2).........	Omit “ of these Regulations ” (wherever occurring).
Sub-regulation 16 (2).........	Omit “ of these Regulations ” (wherever occurring).
Regulation 17..............	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 18 (2).........	Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Sub-regulation 21 (3).........	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
	Omit from paragraph (a) “ Commonwealth or a Department of the Commonwealth ”, substitute “ Australia or by a Department of the Australian Public Service ”.
Sub-regulation 23 (4).........	Omit “ six ”, substitute “ 6 ”.
Sub-regulation 24 (1).........	Omit from paragraph (d) “ sub-regulation (2) of regulation 21 of these Regulations ”, substitute “ sub-regulation 21 (2) ”.
	Omit “ Military Forces ”, substitute “ Army ”.
Sub-regulation 24 (2).........	Omit.
Sub-regulation 24 (3).........	Omit “ of this regulation ”.
Sub-regulation 25 (2).........	Omit “ member of the Board appointed by the Minister under paragraph (a) of sub-regulation (1) of regulation 11 of these Regulations ”, substitute “ other members of the Board referred to in paragraph 10 (1) (a) ”.
Sub-regulation 25 (3).........	Omit “ pay and ”, substitute “ salary, pay or ”.
	Omit “ of these Regulations ”.
Sub-regulation 25 (4).........	Omit from paragraph (b) “ the last preceding sub-regulation ”, substitute “ sub-regulation (3) ”.
	Omit from paragraph (b) “ pay and ”, .substitute “ salary, pay or ”.
Regulation 26..............	Omit “ Naval, Military or Air Forces of the Commonwealth ”, substitute “ Defence Force ”.
	Omit “ the Commonwealth ” (second occurring), substitute “ Australia ”.
	Omit “ the Naval Board, Military Board or Air Board ”, substitute “ the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff ”.
Regulation 29..............	Repeal.

Printed by Authority by the Government Printer of Australia.

Overview

Statutory Rules 1976 No. 119, made under the Defence Act 1903-1975, aim to amend the Australian Services Canteens Organization Regulations by updating terminology and clarifying delegation and appointment processes. The regulations were enacted by the Administrator of the Government of Australia, acting with the advice of the Executive Council, and came into operation on 9 February 1976. The objective of these amendments is to ensure the smooth functioning of the Australian Services Canteens Organization by modernising language, streamlining administrative procedures, and enhancing coordination with the Repatriation Commission, without adversely affecting the core functions of the Canteens Organization. The policy objective is to maintain and improve the services provided by the Australian Services Canteens Organization to Defence personnel and their families.

Scope and Application

The Statutory Rules 1976 No. 119 under the Defence Act 1903-1975 primarily amend the Australian Services Canteens Organization Regulations, affecting the governance, delegation of powers, and operations of the Canteens Organization, which is responsible for managing canteens for members of the Defence Force and others. These Regulations apply to the Canteens Organization and its Board, as well as to the Defence Force personnel and Australian Public Service employees involved in its operations. They are applicable nationally across Australia, including its territories, as they pertain to the federal Defence Force and the Australian Public Service. The Regulations introduce specific delegations of authority to commissioned officers of the Defence Force and certain public service officials, allow for arrangements with the Repatriation Commission for supplying goods to canteens at hospitals, and modify the composition and appointment process of the Council and the Board of the Canteens Organization. Additionally, these Regulations exempt the Canteens Organization from certain state and territory laws, aligning its legal status with federal operations. The scope of these Regulations is further extended and clarified through their amendments and the substitutions of terms to align with contemporary terminology and structural changes within the Defence Force and the Australian Public Service.

Key Provisions

The key provisions of the Statutory Rules 1976 No. 119 involve amendments to the Australian Services Canteens Organization Regulations. The Regulations, which come into effect on 9 February 1976, introduce several changes to the existing framework. Regulation 3a allows the Minister to delegate certain powers or functions to commissioned officers of the Defence Force or to specified Australian Public Service officers. However, the Minister retains the right to revoke these delegations at any time. Regulation 4a enables the Council to enter into arrangements with the Repatriation Commission for the supply of goods to canteens at hospitals, subject to not adversely affecting the Canteens Organization's ability to perform its functions. The Constitution of Council is also modified, with appointments made by the Minister based on nominations from the Chiefs of the Navy, Army, and Air Force, and the Constitution of Board is adjusted to include officers from each branch of the Defence Force and a representative of the Minister. These Regulations impose specific obligations on the parties involved. The Minister is empowered to delegate certain functions, which must be performed in accordance with the Regulations. The Council is obligated to ensure that any arrangements with the Repatriation Commission do not compromise the Canteens Organization's operational capabilities. Furthermore, the appointments to the Council and Board are to be made by the Minister based on nominations and specific criteria, reflecting a structured approach to governance within the Canteens Organization. The terms and conditions of employment for staff are to be determined by the Board, with consideration given to advice from the Public Service Board and any directions from the Minister. The Regulations do not explicitly outline offences, penalties, or consequences for breach. However, the ability to revoke delegations and the conditional nature of arrangements with the Repatriation Commission suggest that any failure to comply with these obligations could lead to administrative or contractual consequences. For example, if an arrangement with the Repatriation Commission adversely affects the Canteens Organization's functions, it would not be permissible, and the Council could face repercussions for non-compliance. Although specific penalties are not detailed, breaches of these obligations could result in administrative sanctions or legal action under the Defence Act 1903-1975, depending on the severity and nature of the breach.

Area of Law: Defence Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegations; Licensing & Registration; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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