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Navy (Canteens) Regulations (Amendment) 1997 No. 44

EXPLANATORY STATEMENT

STATUTORY RULES 1997 NO. 44

Issued by the Authority of the Minister for Defence Industry, Science and Personnel

Naval Defence Act 1910

Navy (Canteens) Regulations (Amendment)

The Navy (Canteen) Regulations ("the Principal Regulations"), made under the Naval Defence Act 1910, provide for the establishment of canteen services on naval establishments.

Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.

This Statutory Rule amends the Principal Regulations by changing the references to "Chief of Naval Staff" to "Chief of Navy". (The other expressions do not appear in the Principal Regulations.) The Statutory Rule also makes a minor technical amendment by changing the reference to the "Services Trust Funds Act 1947-1950" to the "Services Trust Funds Act 1947.

The Statutory Rule comes into operation on the date of gazettal.

 

Overview

The Navy (Canteens) Regulations (Amendment) 1997 No. 44, issued under the authority of the Minister for Defence Industry, Science and Personnel, serves to update the Navy (Canteen) Regulations made under the Naval Defence Act 1910. This amendment was necessitated by the Defence Legislation Amendment Act (No. 1) 1997, which introduced significant changes to the titles of the service chiefs within the Defence Force. Specifically, the title "Chief of Naval Staff" was changed to "Chief of Navy", aligning with the new command arrangements in the Defence Force. This amendment ensures that the references in the Navy (Canteen) Regulations are consistent with the updated titles and reflects the legislative intent to streamline and modernise the Defence Force's nomenclature. Additionally, the amendment corrects a minor technical error by updating the reference to the "Services Trust Funds Act 1947-1950" to the "Services Trust Funds Act 1947." The Statutory Rule took effect on the date of its gazettal.

Scope and Application

The Navy (Canteens) Regulations (Amendment) 1997 No. 44 applies to the regulations established under the Naval Defence Act 1910, which govern the provision of canteen services on naval establishments. The amendment is specifically tailored to address changes in the command structure of the Australian Defence Force, as outlined in the Defence Legislation Amendment Act (No. 1) 1997. This Act resulted in a change of titles for the service chiefs, from Chief of Naval Staff to Chief of Navy, Chief of the General Staff to Chief of Army, and Chief of the Air Staff to Chief of Air Force. The amendment ensures that the Principal Regulations reflect these new titles, maintaining consistency with other amendments made to relevant Commonwealth Acts. Additionally, the amendment corrects a minor technical error by updating the reference to the Services Trust Funds Act from "1947-1950" to "1947". This Statutory Rule is applicable nationally and comes into effect on the date of its gazettal.

Key Provisions

The main operative sections of the Navy (Canteens) Regulations (Amendment) 1997 No. 44 involve amendments to the original regulations under the Naval Defence Act 1910. Section 2 of the Statutory Rule modifies references within the regulations, changing "Chief of Naval Staff" to "Chief of Navy" (s. 2(1)). This amendment aligns with the changes enacted by the Defence Legislation Amendment Act (No. 1) 1997. Additionally, Section 3 makes a technical amendment, updating the reference from the "Services Trust Funds Act 1947-1950" to the "Services Trust Funds Act 1947" (s. 3). These changes are designed to ensure consistency and accuracy in the regulatory framework governing canteen services on naval establishments. The obligations and requirements imposed by these amendments are primarily administrative and procedural. The revised terminology must be implemented in all relevant documentation, internal procedures, and communication within the Department of Defence. This includes updating any references in policies, forms, and records to reflect the new titles and legislative references. The intent is to ensure that the regulatory framework remains up-to-date with the current structure and nomenclature of the Australian Defence Force. The amendments themselves do not introduce new obligations or requirements beyond those already stipulated in the original Navy (Canteens) Regulations. However, they necessitate a review and updating of existing documentation to ensure compliance with the statutory changes. Failure to update these references could lead to confusion or non-compliance with the regulatory requirements governing canteen services on naval establishments. There are no specific offences, penalties, or consequences mentioned for non-compliance with the amendments in the Statutory Rule. However, non-compliance with statutory requirements could potentially lead to administrative penalties or corrective actions under the general provisions of the Naval Defence Act 1910 or other applicable legislation. The exact nature and extent of these penalties would depend on the specific circumstances and the discretion of the relevant authorities within the Department of Defence. Nonetheless, the amendments are designed to ensure clarity and accuracy in the regulatory framework, thereby reducing the risk of non-compliance.

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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.