Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 457, issued by the authority of the Minister for Defence, represent amendments to the Naval Financial Regulations under the authority granted by section 12 of the Defence Amendment Act 1979. These amendments were introduced to align the regulations with Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903, thereby ensuring the continued payment of salary and allowances for Navy members during specified periods. The regulations pertaining to the commencement and cessation of salary and allowances, as well as the definition of service for salary purposes, have been updated to reflect these changes. This legislative action aims to streamline and modernise the financial management framework for Navy personnel, ensuring consistency and compliance with the overarching Defence Act 1903.

Scope and Application

The Statutory Rules 1984 No. 457, issued by the authority of the Minister for Defence, pertain to amendments of the Naval Financial Regulations. These amendments are pursuant to the authority granted under Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations. Specifically, these Statutory Rules address and modify Regulations 7, 129A, and 245, and repeal Regulation 8 and Division 1A of Part II of the Naval Financial Regulations. The amendments were necessitated by the replacement of the provisions relating to the payment of salary with Determination 0101, Salary of Permanent Force Members, which was made under Section 58B of the Defence Act 1903. Additionally, the Statutory Rules make consequential amendments to Regulation 5A of the Naval Financial Regulations, reflecting the changes in the Defence Force (Salaries) Regulations. These amendments apply to members of the Navy and are effective from 31 December 1984, the date when Determination 0101, Salary of Permanent Force Members, was made.

Key Provisions

The main operative sections of these Statutory Rules, issued under the authority of the Minister for Defence, pertain to amendments and repeals of specific regulations within the Naval Financial Regulations (section 12 of the Defence Amendment Act 1979). Specifically, Regulation 7, which deals with the commencement and cessation of salary and allowances for Navy members, is amended (paragraph 3(a)). Regulation 129A, which provides for the continued payment of salary and allowances during periods of detention imposed by a civil court, is also amended (paragraph 3(b)). Sub-regulation 245(2), concerning absence from duty while on sick leave, is amended (paragraph 3(c)). Regulation 8 and Division 1A of Part II, which deal with service for the purposes of salary and salary payable to sailors respectively, are repealed (paragraph 3(d) and (e)). Furthermore, consequential amendments are made to Regulation 5A (paragraph 3(f)). These changes reflect the replacement of the previous salary provisions with Determination 0101, Salary of Permanent Force Members, made under section 58B of the Defence Act 1903. These Statutory Rules impose several obligations on the parties and entities governed by the Naval Financial Regulations. Firstly, the Minister for Defence must ensure that the amended regulations align with the new salary determinations outlined in Determination 0101, Salary of Permanent Force Members. Secondly, the Department of Defence is required to implement the amended regulations and ensure compliance among Navy members. Additionally, relevant personnel within the Department of Defence and the Navy must be informed of these changes to effectively manage the transition to the new salary provisions. The entities governed by these regulations must adhere to the new provisions concerning the commencement, cessation, and continuation of salary and allowances, as well as the criteria for service and sick leave. The Statutory Rules themselves do not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches. However, breaches of the amended regulations may result in non-compliance with Defence Force requirements, potentially leading to disciplinary actions, financial penalties, or other administrative consequences as outlined in the Defence Force Discipline Regulations and related policies. The exact penalties for such breaches would depend on the nature and severity of the non-compliance, as well as the internal disciplinary procedures of the Defence Force. Given the potential for financial implications and the need for strict adherence to Defence regulations, any breaches could have significant repercussions for the affected parties.