EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 359
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.
Regulation 177 of the Naval Financial Regulations provides for the payment of an allowance to members who proceed overseas on short term duty and need to purchase travelling equipment or additional clothing to suit the extreme climatic conditions they expect to encounter.
These Statutory Rules repeal regulation 177 as the regulation has been replaced by Determination 3602, Overseas Outfit Allowance, a determination made under section 58B of the Defence Act 1903.
The date of effect is the date on which Determination 3602 is made.
Overview
The Statutory Rules 1984 No. 359, issued under the authority of the Minister for Defence, concern the amendment of the Naval Financial Regulations. Enacted in 1984, these rules address the need to update the regulations in line with current administrative practices and policy changes within the Defence sector. Specifically, they repeal Regulation 177 of the Naval Financial Regulations, which previously provided for the payment of an allowance to members who needed to purchase travelling equipment or additional clothing for overseas duty due to extreme climatic conditions. This repeal is necessitated by the introduction of Determination 3602, titled "Overseas Outfit Allowance," which was made under section 58B of the Defence Act 1903. The overarching objective of these rules is to ensure that the financial provisions for Defence personnel are current and effectively managed through the appropriate legislative instruments.
Scope and Application
The Naval Financial Regulations Amendment (Overseas Outfit Allowance) Statutory Rules 2004, issued under the authority of the Minister for Defence, pertain to the allowance given to members of the Australian Defence Force who undertake short-term overseas duty. This allowance is specifically designed to assist these members in acquiring necessary travelling equipment or additional clothing suited to the extreme climatic conditions they are expected to encounter during their deployment. These regulations apply to Defence Force members who travel overseas on temporary duty assignments and who are required to make specific purchases due to the environmental demands of their destination. The application of these regulations is limited to the Commonwealth of Australia and its territories, aligning with the broader scope of the Defence Act 1903. The regulations have been repealed and replaced by Determination 3602, which is made under section 58B of the Defence Act 1903, effective from the date of the issuance of Determination 3602. This change reflects the continuous adaptation of Defence-related financial regulations to meet the evolving needs of service personnel.
Key Provisions
The primary operative sections of this legislation pertain to the amendment of the Naval Financial Regulations (NRF) under the Defence Amendment Act 1979 (section 12) and the replacement of regulation 177 by Determination 3602, Overseas Outfit Allowance, made under section 58B of the Defence Act 1903. Regulation 177, which previously provided for the payment of an allowance to naval members who travelled overseas on short-term duty and required them to purchase travelling equipment or additional clothing for extreme climatic conditions, has been repealed (regulation 177). This repeal takes effect from the date when Determination 3602 was made.
The obligations and requirements imposed by these Statutory Rules are centred around the repeal of an existing regulation and its replacement with a new determination. The repeal of regulation 177 signifies the end of its applicability and the cessation of any allowances it provided. The new Determination 3602, which now governs the allowances for naval members travelling overseas, replaces the former regulation. This shift in regulation means that any entitlements, procedures, and conditions previously outlined in regulation 177 are now subject to the provisions of Determination 3602. The parties or entities governed by these rules must comply with the new determination for any allowance claims related to overseas travel.
In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not explicitly outline specific penalties for non-compliance with the new Determination 3602. However, any breach of the Defence Act 1903 or its determinations could potentially lead to civil or criminal consequences depending on the nature and severity of the breach. Given that the former regulation was repealed and replaced, non-compliance with the new determination could potentially lead to disputes over entitlements or procedural issues, which might be resolved through administrative or judicial processes. The maximum penalties for breaches would be determined by the relevant laws and the specific circumstances of the breach.