EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 453
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Division 2 of Part II and regulation 112 of the Naval Financial Regulations provided for the payment of allowances to a member of the Navy serving overseas. Such allowances were determined by the Minister or the Minister’s delegate.
This Interim Determination repeals Division 2 and regulation 112, which have been replaced by various determinations made under section 58B of the Defence Act 1903.
The date of effect is the day on which Determination 3715, Overseas Living In Allowance, is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1984 No. 453, issued under the authority of the Minister for Defence, represents an amendment to the Naval Financial Regulations, aiming to streamline and modernise the processes for the payment of allowances to Navy members serving overseas. Enacted to address the need for more efficient and coherent financial management within the Defence sector, these rules were brought into effect by the Defence Amendment Act 1979. This legislative intervention was crucial in ensuring that the regulations governing financial allowances are not only updated but also aligned with the current administrative practices and policy objectives set forth by the Defence Act 1903. The overarching goal is to enhance the clarity and effectiveness of financial support provided to Navy personnel deployed abroad.
Scope and Application
The Naval Financial Regulations Amendment (Interim) Statutory Rules 1984, made under the authority of the Minister for Defence, applies to the members of the Navy who are serving overseas and impacts the allowances previously stipulated in Division 2 and regulation 112 of the Naval Financial Regulations. The changes are effective from the date when Determination 3715, concerning the Overseas Living In Allowance, is enacted under section 58B of the Defence Act 1903. This amendment effectively repeals the former provisions that governed the payment of allowances, replacing them with the new determinations. The scope of this interim determination is limited to the financial regulations governing the Australian Navy, with no specified geographic restrictions beyond the overseas service context. The application is national, adhering to the provisions set forth by the Defence Act 1903, and the regulations are enforced under Commonwealth authority. There are no stated exclusions or exemptions in the provided explanatory statement, and the determination does not mention any thresholds. The application of this interim measure extends until the new determinations are fully established and operational.
Key Provisions
The primary sections of this Interim Determination, as referenced, pertain to the repeal of Division 2 of Part II and regulation 112 of the Naval Financial Regulations. This repeal is consequential to the issuance of various determinations under section 58B of the Defence Act 1903. Specifically, Section 12 of the Defence Amendment Act 1979 authorises the Minister for Defence to make interim determinations that amend or repeal regulations, with these determinations being deemed Statutory Rules. The key requirement here is the repeal of the existing provisions related to the payment of allowances to Navy members serving overseas, which were previously determined by the Minister or their delegate. The changes take effect on the date Determination 3715, titled "Overseas Living In Allowance," is made under section 58B of the Defence Act 1903.
The obligations imposed by this Interim Determination primarily affect the Ministry of Defence and its personnel. The Minister for Defence must ensure that the repeal of the existing regulations is implemented effectively, aligning with the new determinations made under section 58B of the Defence Act 1903. This involves updating any internal policies, systems, and communications to reflect the changes in the allowance structure for Navy members serving overseas. Furthermore, the Ministry must ensure that all stakeholders, including Navy members, are adequately informed about these changes and understand the new processes for allowances.
The Interim Determination does not explicitly outline specific offences or penalties for non-compliance. However, breaches of regulations or failure to adhere to the new allowances structure could lead to broader legal consequences under the Defence Act 1903 or other applicable legislation. For instance, if the implementation of the new allowance determinations results in financial mismanagement or improper payments, the Ministry could face scrutiny and corrective actions from oversight bodies. Additionally, any personnel found to have misappropriated funds or failed to comply with the new regulations could face disciplinary actions under the Defence Force Discipline Act 1987. The exact penalties for such actions would depend on the nature and severity of the breach, but they could include fines, suspension, or termination of employment.