Statutory Rules
1976 No. 107
REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.
Dated this twenty-seventh day of May, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendments of the Australian Services Canteens Organization
Regulations †
Delegations.
1. Regulation 3a of the Australian Services Canteens Organization Regulations is amended by omitting paragraphs (a) and (b) of sub-regulation (1) and substituting the following paragraphs:—
“ (a) an officer of the Navy who holds a rank not below the rank of Commodore:
(b) an officer of the Army who holds a rank not below the rank of Brigadier;
(c) an officer of the Air Force who holds a rank not below the rank of Air Commodore; or
(d) a person for the time being holding or performing the duties of an office in the First or Second Division of the Australian Public Service,”.
Staff of Canteen Service.
2. Regulation 20 of the Australian Services Canteens Organization Regulations is amended by omitting from sub-regulation (2) the words “ having regard to the advice of the Public Service Board and shall be ” and substituting the words “, subject to and ”.
* Notified in the Australian Government Gazette on 1 June 1976.
† Statutory Rules 1959, No. 40. as amended by Statutory Rules 1972, No. 58; 1974, No. 140; and 1976, No. 49.
12250/76—Recommended retail price 10c 11/14.4.1976
Further amendments of the Australian Services Canteens Organization Regulations.
3. The Australian Services Canteens Organization Regulations arc amended as set out in the following table:—
Provision | Amendment |
Regulation 13............. | Omit from paragraph (h) “ Australia ”, substitute “ the Commonwealth ”. |
Sub-regulation 21 (3)........ | Omit from paragraph (a) “ Australia ”, substitute “ Commonwealth ”. |
Regulation 26............. | Omit “ Australia ”, substitute “ the Commonwealth ”. |
Printed by Authority by the Government Printer of Australia
Overview
The Statutory Rules 1976 No. 107, made under the Defence Act 1903-1975, address the need for updating the regulations governing the Australian Services Canteens Organization, ensuring they reflect contemporary requirements and administrative structures. Enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations aim to streamline the governance and operational frameworks of military canteens. The policy objective is to enhance efficiency and oversight within the canteen services, aligning them with current Defence and public service standards. By amending specific regulations, these statutory rules seek to modernise the framework to better serve the needs of military personnel and their families.
Scope and Application
The Regulations under the Defence Act 1903-1975, as outlined in Statutory Rules 1976 No. 107, pertain specifically to the Australian Services Canteens Organization Regulations. These regulations apply to certain high-ranking officers within the Navy, Army, and Air Force, as well as individuals holding significant offices within the Australian Public Service. The amended provisions refine the eligibility criteria for canteen service staff by adjusting the ranks of officers and the specific offices involved, thereby impacting the administrative and operational aspects of the canteens. The geographic scope of these regulations is confined to the Commonwealth of Australia, affecting the operations and personnel within its jurisdiction. These regulations aim to streamline the administrative processes by altering the authority and responsibility structures, as evidenced by the changes to the advice of the Public Service Board. The amendments also adjust the terminology from "Australia" to "the Commonwealth" in specific provisions, further clarifying the jurisdictional application of the canteen regulations.
Key Provisions
The Regulations under the Defence Act 1903-1975, specifically those amending the Australian Services Canteens Organization Regulations, bring several key changes. Firstly, Regulation 3a now specifies that the authority to appoint members to the Canteen Board rests with officers of the Navy, Army, and Air Force holding ranks of Commodore, Brigadier, and Air Commodore respectively, or a person holding an office in the First or Second Division of the Australian Public Service (Regulation 3a). Additionally, Regulation 20 modifies the appointment process for staff of the Canteen Service, making it subject to certain conditions (Regulation 20).
These amendments impose clear obligations on the designated authorities to ensure that the appropriate individuals are appointed to the Canteen Board and that the staff of the Canteen Service are managed according to the new stipulations. The Regulations also require that these appointments and management practices align with the overall governance and operational standards set forth by the Defence Act 1903-1975.
In terms of enforcement, any failure to comply with these Regulations could lead to legal consequences. Although the specific offences and penalties are not detailed within these Regulations, it is reasonable to infer that breaches of the Defence Act or its subsidiary legislation could result in sanctions under the general provisions of the Act, including potential civil or criminal penalties. The exact nature and severity of these penalties would be determined in the context of the broader legislative framework and any relevant case law.