EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 245
Issued by the authority of the Minister for Finance
The attached Statutory Rules repeal Naval Account Regulation 30 which was made under subsection 71(1) of the Audit Act 1901.
Naval Account Regulation 30 provided that members of the Navy could make voluntary allotments of salaries and allowances. Legislative cover for such allotments is, however, unnecessary and thus the regulation has been repealed. Consequent upon the repeal, the Statutory Rules provide that the repeal will not affect the ability of members of the Navy to make voluntary allotments in the future, and also provide that existing allotments need not be remade.
Overview
The Statutory Rules 1990 No. 245, issued under the authority of the Minister for Finance, address a specific issue within the framework of the Audit Act 1901 by repealing Naval Account Regulation 30. This regulation had previously allowed members of the Navy to make voluntary allotments of their salaries and allowances. However, it has been determined that legislative cover for such allotments is no longer necessary. The repeal of this regulation aims to streamline the legislative process without impacting the practical ability of Navy members to continue making voluntary allotments. Moreover, the Statutory Rules ensure that this repeal will not necessitate the remaking of existing allotments, maintaining continuity and certainty for those currently affected by such arrangements.
The enacting body, the Parliament of Australia, through the authority of the Minister for Finance, has sought to simplify and modernise the legislative framework governing financial practices within the Navy. By repealing Naval Account Regulation 30, the policy objective is to eliminate unnecessary legislative burdens while preserving the operational flexibility of Navy personnel in managing their financial commitments. This repeal is a targeted adjustment designed to enhance the efficiency and clarity of financial regulations without disrupting existing practices.
Scope and Application
The Statutory Rules 1990 No. 245, issued under the authority of the Minister for Finance, concern the repeal of Naval Account Regulation 30, which was enacted under the Audit Act 1901. This repeal is aimed at eliminating the legislative cover for voluntary allotments of salaries and allowances by members of the Navy, a provision that is now deemed unnecessary. The regulation’s repeal does not impair the existing or future rights of Navy members to make such allotments, and it explicitly states that any existing allotments do not need to be remade following the repeal. The regulation applies specifically to members of the Navy, and its repeal has a national reach within the Commonwealth of Australia, affecting the conduct and financial arrangements of those within the Navy. There are no exclusions, exemptions, or thresholds specified in this repeal, and it is not anticipated that subordinate instruments will extend or restrict its application further.
Key Provisions
The key provisions of the Statutory Rules 1990 No. 245 (sections 2 and 3) involve the repeal of Naval Account Regulation 30, which was made under the Audit Act 1901 (section 71(1)). This regulation allowed members of the Navy to make voluntary allotments of their salaries and allowances. The repeal of this regulation was enacted because legislative cover for such allotments is deemed unnecessary. Importantly, the repeal ensures that the ability of Navy members to continue making voluntary allotments in the future remains unaffected (section 2). Furthermore, existing allotments do not need to be remade, providing continuity for those already established (section 3).
The obligations and requirements imposed by this Act on the parties or entities it governs are straightforward. Members of the Navy retain their rights to make voluntary allotments of their salaries and allowances without needing to re-establish these allotments after the repeal of the regulation. There is no need for any additional formalities or documentation from the Navy members in this regard. The Act simplifies the process by removing the necessity for legislative cover while ensuring that existing practices remain valid and uninterrupted.
Regarding offences, penalties, or civil/criminal consequences for breaches, the Statutory Rules do not explicitly state any specific offences or penalties in connection with the repealed regulation. The primary focus of the Act is to clarify the status of existing allotments and to allow for future allotments without the need for legislative approval. Therefore, there are no new obligations or penalties introduced by this Act; instead, it serves to streamline existing practices within the Navy.
In summary, the main purpose of the Statutory Rules 1990 No. 245 is to repeal Naval Account Regulation 30, thereby removing the need for legislative cover for voluntary allotments by Navy members. This repeal does not impact the existing rights of Navy members to continue these allotments, nor does it require them to re-establish any existing allotments. The Act ensures continuity and simplicity in the allotment process, without introducing any new penalties or obligations.