Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 59, issued by the authority of the Minister for Defence, addresses the need to update and streamline the regulatory framework governing financial matters within the Australian Defence Force, specifically focusing on the Naval Financial Regulations. This legislative instrument was enacted to align with the provisions outlined in the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations. The primary objective of these Statutory Rules is to repeal Regulation 278 of the Naval Financial Regulations, which previously provided for the payment of an allowance to members of the Reserve Forces during ceremonial duties. This repeal is due to the issuance of Determination 0195, titled "Ceremonial Duties Allowance," under section 58B of the Defence Act 1903, which now governs the allowances for such duties. The changes are effective from the date Determination 0195 is made, ensuring that the regulations remain current and consistent with the latest policy directives.

Scope and Application

The Naval Financial Regulations Amendment (No. 2) Statutory Rules 2004, issued under the authority of the Minister for Defence, provide for the repeal of regulation 278 of the Naval Financial Regulations. This repeal is in response to the enactment of Determination 0195, titled "Ceremonial Duties Allowance," which has superseded the existing regulation. The amendment applies to members of the Reserve Forces who perform ceremonial duties and are not entitled to salary under the Defence Force (Reserves)(Financial) Regulations. It is pertinent to note that the application of these Statutory Rules is confined to the Commonwealth of Australia, aligning with the overarching Defence Act 1903, and it does not extend beyond this jurisdictional boundary. Any exclusions or exemptions are not explicitly detailed in the Explanatory Statement; however, the specific allowance provided by Determination 0195 would dictate any such conditions. The application of this amendment is further governed and potentially extended or restricted by subordinate instruments or determinations made under the Defence Act 1903.

Key Provisions

The primary operative sections of these Statutory Rules pertain to the amendment and repeal of regulation 278 of the Naval Financial Regulations (paragraph 1). Section 12 of the Defence Amendment Act 1979 provides the authority for the Minister to make interim determinations that amend or repeal regulations, which are then deemed to be Statutory Rules (paragraph 2). Regulation 278, which previously provided for the payment of an allowance to members of the Reserve Forces when they perform ceremonial duties and are not entitled to salary, is repealed by these Statutory Rules (paragraph 3). This repeal takes effect as of the date when Determination 0195, which now governs the ceremonial duties allowance, is made (paragraph 4). The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister for Defence is required to make interim determinations that amend or repeal regulations under section 12 of the Defence Amendment Act 1979 (paragraph 2). Additionally, the regulations must be consistent with the provisions of the Defence Act 1903, and any new determinations, such as Determination 0195, must provide adequate provisions for the allowance to be paid to eligible members (paragraph 3). The Naval Financial Regulations must also be updated to reflect these changes, ensuring that they align with the current determinations (paragraph 4). Failure to comply with the provisions of the Naval Financial Regulations, as amended by these Statutory Rules, may result in civil or criminal consequences. Although the specific offences and penalties are not detailed in the text, breaches of defence regulations can generally lead to disciplinary actions against members of the Reserve Forces, fines, or other penalties as prescribed by law (paragraph 5). The maximum penalties for such offences would depend on the severity of the breach and the specific regulations contravened. It is important for all parties to adhere to the updated regulations to avoid any legal repercussions.