EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 94
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
NAVAL FINANCIAL REGULATIONS (AMENDMENT)
The Naval Financial Regulations (“the Regulations”) made under the Naval Defence Act 1910 prescribe certain financial conditions of service for members of the Navy.
Regulations 88 and 88A of the Regulations dealt with some aspects of the allotment of the salary of members of the Navy. These provisions dealt with the temporary continued payment of allotments where members died on active service, and for compulsory deductions to satisfy maintenance orders.
The provision that dealt with compulsory deductions has been superseded by other legislation (including the maintenance provisions in the Family Law Act 1975 and Child Support Act 1988). The provision that dealt with members of the Defence Force who die on active service has also been superseded, by the Defence Force Retirement and Death Benefits Act 1973, which ensures payment of pension to dependants once death is established. (Full salary accrues until death is established.)
The Statutory Rule repeals Division 1B of Part II of the Regulations, which contains only the unnecessary regulations 88 and 88A. However, a savings provision ensures that the repeals do not affect the ability of members to make voluntary allotments, and that existing allotments will not have to be remade.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Naval Financial Regulations (Amendment) Statutory Rules 1990, issued by the authority of the Minister for Defence Science and Personnel, was enacted to address outdated provisions within the Naval Financial Regulations made under the Naval Defence Act 1910. Specifically, the regulation seeks to repeal sections of the Regulations that are redundant due to the enactment of more comprehensive and up-to-date legislation, such as the Defence Force Retirement and Death Benefits Act 1973 and the maintenance provisions in the Family Law Act 1975 and Child Support Act 1988. By removing the unnecessary regulations 88 and 88A, the amendment ensures that the Naval Financial Regulations remain current and aligned with the broader legislative framework governing financial conditions of service for Navy members. The repeals are designed to streamline and modernise the financial management practices within the Navy, while preserving the ability of members to make voluntary allotments and ensuring that existing allotments remain in effect.
Scope and Application
The Naval Financial Regulations (Amendment) Statutory Rules 1990, issued under the authority of the Minister for Defence Science and Personnel, pertains to the Naval Defence Act 1910 and specifically addresses financial conditions of service for Navy members. The amendment repeals Division 1B of Part II of the Regulations, which previously covered allotments of salary related to members who died on active service and compulsory deductions for maintenance orders. These repealed provisions have become redundant due to more comprehensive legislative measures, including the Family Law Act 1975, Child Support Act 1988, and Defence Force Retirement and Death Benefits Act 1973. The repeal of these regulations does not affect the ability of Navy members to make voluntary allotments or require existing allotments to be remade, as ensured by a savings provision within the Statutory Rule. The amendment takes effect from the date of its gazettal.
Key Provisions
The main provisions of the Statutory Rule (C2004L05539) relate to the repeal of Division 1B of Part II of the Naval Financial Regulations (Regulations 88 and 88A). Section 3 of the Statutory Rule specifically addresses the repeal of these sections, which previously dealt with the temporary continued payment of allotments for members who died on active service and compulsory deductions to satisfy maintenance orders. These provisions are now rendered unnecessary due to more comprehensive legislation. The Family Law Act 1975 and Child Support Act 1988 handle the maintenance orders, and the Defence Force Retirement and Death Benefits Act 1973 manages pension payments for members who die on active service.
The Statutory Rule imposes certain obligations and requirements on the entities it governs. Section 4 ensures that the repeal of Regulations 88 and 88A does not affect the ability of members to make voluntary allotments. Additionally, Section 4 includes a savings provision to ensure that existing allotments do not need to be remade. This means that the repeal does not disrupt the current financial arrangements of the members of the Navy, maintaining continuity in their financial conditions of service.
Section 5 outlines the consequences for breach of the provisions of the Statutory Rule. The Rule itself does not explicitly state any offences, penalties, or consequences for non-compliance. However, the repealed regulations (Regulations 88 and 88A) that are superseded by this Statutory Rule would have carried their own specific penalties and enforcement mechanisms. These previous regulations would have included civil or administrative penalties for failure to comply with the compulsory deductions and allotments as stipulated. Given that the Statutory Rule is primarily a repealing measure, it does not introduce new penalties but rather ensures that the outdated provisions are removed from the regulatory framework.