Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1983 No. 86, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations, an integral part of Australia's defence administrative framework. This legislation was enacted to address the redundancy of existing regulations concerning the allowance for Navy chaplains of the Reserve Forces, which has been superseded by a new determination. Specifically, it repeals regulation 288 of the Naval Financial Regulations, which previously provided for the payment of an allowance for the purchase and maintenance of ecclesiastical vestments and equipment for chaplains. This change aligns with Determination 0699, made under section 58B of the Defence Act 1903, thereby ensuring that the regulatory framework remains current and effective. The objective of these amendments is to streamline and modernise the financial regulations governing the Australian Defence Force, ensuring that allowances and provisions are up-to-date and accurately reflect current needs and practices.

Scope and Application

The Statutory Rules 1983 No. 86, issued under the authority of the Minister for Defence, detail amendments to the Naval Financial Regulations, specifically concerning the allowance for Navy chaplains within the Reserve Forces. These rules are crafted to align with the powers granted under section 12 of the Defence Act 1979, which empowers the Minister to make interim determinations that can amend or repeal existing regulations, with such determinations being considered Statutory Rules. The particular amendment involves the repeal of regulation 288, which previously provided for the payment of an allowance for the purchase and maintenance of ecclesiastical vestments and equipment for Reserve Forces chaplains. This regulation has been replaced by Determination 0699, made under section 58B of the Defence Act 1903. Consequently, regulation 289 of the Naval Financial Regulations is no longer necessary and has also been repealed. The changes take effect from the date Determination 0699 is issued.

Key Provisions

The key operative sections of these Statutory Rules (C2004L05499) pertain to the repeal of certain regulations under the Naval Financial Regulations, specifically regulation 288 and regulation 289. Regulation 288, which provided for the payment of an allowance to Navy chaplains of the Reserve Forces for the purchase and maintenance of ecclesiastical vestments and equipment, has been repealed and replaced by Determination 0699 made under section 58B of the Defence Act 1903 (section 1). As a result of this change, regulation 289, which was no longer required, has also been repealed (section 2). These Statutory Rules impose specific obligations and requirements on the relevant parties. The repeal of regulation 288 means that any allowance previously provided to Reserve Force chaplains for ecclesiastical vestments and equipment will now be governed by Determination 0699. This determination likely includes updated provisions or criteria that must be adhered to by the chaplains and the Defence Force in processing and managing the allowance. The repeal of regulation 289, which was contingent upon the existence of regulation 288, removes any obligations that were specifically outlined under that regulation. The Statutory Rules themselves do not explicitly detail offences, penalties, or consequences for breach. However, any breach of the Defence Act 1903, under which Determination 0699 was made, could potentially lead to legal action. The Defence Act may include provisions that outline disciplinary measures, fines, or other penalties for non-compliance with Defence determinations. The exact penalties would depend on the specific provisions of the Defence Act and any related regulations or determinations. The Statutory Rules come into effect on the date that Determination 0699 is made, as stated in the explanatory statement. This date marks the transition from the previous regulation to the new determination, ensuring that all relevant parties are aware of and comply with the updated provisions governing the allowance for Reserve Force chaplains.