Defence Force Amendment Regulations 1999 (No. 1) 1999 No. 117
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 117
Issued by the Authority of the Minister for Veterans' Affairs
Defence Act 1903
Defence Force Amendment Regulations 1999 (No. 1)
The Defence Force Regulations ("the Principal Regulations"), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Navy, Army and Air Force.
Regulation 58B of the Principal Regulations provided that where the Commonwealth supplies married quarters for a member of the Australian Defence Force, the Minister may determine in writing the rent the member must pay if the member, or any of the member's family, occupies the married quarter. As all other rent related charges for the provision of accommodation (including living-in accommodation and nonAustralian Defence Force housing) are specified in a determination made under section 58B of the Act, the Statutory Rule omits regulation 58B from the Principal Regulations. The omission of regulation 58B results in all rent related charges for the provision of accommodation being dealt with in one section 58B determination, thereby rationalising the administration associated with the provision of accommodation for members of the Australian Defence Force.
The Statutory Rule also changes the name of the Principal Regulations to the Defence Force Regulations 1952.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force Amendment Regulations 1999 (No. 1) were enacted to streamline and rationalise the administration of rent-related charges for the provision of accommodation to members of the Australian Defence Force (ADF). These regulations, issued under the authority of the Minister for Veterans' Affairs, amend the Defence Force Regulations, which are themselves made under the Defence Act 1903. The primary issue these regulations address is the need to consolidate all rent-related charges for ADF accommodation into a single determination under section 58B of the Defence Act. By omitting regulation 58B from the Principal Regulations, these amendments ensure that all such charges are uniformly handled, thus simplifying the administrative process. Furthermore, the regulations effect a name change of the Principal Regulations to the Defence Force Regulations 1952, aligning the title with the regulatory framework. The changes introduced by these regulations aim to enhance the efficiency and clarity of the administrative processes concerning ADF accommodation.
Scope and Application
The Defence Force Amendment Regulations 1999 (No. 1) pertains to the Defence Act 1903 and serves to modify the Defence Force Regulations, which govern the organisation and administration of the Australian Navy, Army, and Air Force. This regulation specifically addresses the rent that members of the Australian Defence Force must pay for married quarters supplied by the Commonwealth, streamlining the administrative process by consolidating all rent-related charges under a single section 58B determination. By omitting regulation 58B from the Principal Regulations, it ensures a more cohesive approach to managing accommodation-related charges for Defence Force members. Additionally, the name of the Principal Regulations has been updated to the Defence Force Regulations 1952, reflecting the changes made by this Statutory Rule. This regulation applies to all members of the Australian Defence Force and their families who occupy married quarters supplied by the Commonwealth, thereby affecting their financial obligations regarding accommodation. The amendment aims to rationalise and simplify the administrative processes associated with accommodation provision within the Defence Force.
Key Provisions
The Defence Force Amendment Regulations 1999 (No. 1) (the "Regulations") primarily amend the Defence Force Regulations by omitting regulation 58B and renaming the Regulations to the Defence Force Regulations 1952. Regulation 58B, which dealt with the determination of rent payable by members of the Australian Defence Force for married quarters supplied by the Commonwealth, has been omitted. This amendment rationalises the administration of rent-related charges for accommodation by centralising all such charges under section 58B of the Defence Act 1903.
The Regulations impose specific obligations on the Minister for Veterans' Affairs, who is now responsible for determining all rent-related charges for the provision of accommodation for members of the Australian Defence Force, including living-in accommodation and non-Australian Defence Force housing. This centralised determination ensures consistency and clarity in the administration of these charges. Furthermore, by renaming the Regulations to the Defence Force Regulations 1952, the Act updates the nomenclature to reflect the current legislative framework and improve accessibility for those governed by the Regulations.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations themselves. However, the determination of rent under section 58B of the Defence Act 1903 is subject to the general legal consequences of non-compliance with statutory determinations. This may include legal challenges, administrative penalties, or enforcement actions if the Minister fails to comply with the statutory requirements for making such determinations. The exact penalties would depend on the nature and extent of the non-compliance, as well as any applicable laws governing administrative actions and decisions.