EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 381
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.
Part VII of the Naval Financial Regulation provides for the payment of a gratuity or bounty to certain members of the Navy who render service in the Permanent Naval Forces. The Statutory Rules repeal Part VII which has been replaced by Determination 0709, Medical Officers and Dental Officers - Bounty Payable on Appointment to a Permanent or Short Service Commission, and Determination 0710, Medical Officers and Dental Officers - Gratuity Payable on Completion of Appointment to a Short Service Commission, being determinations made under section 58B of the Defence Act 1903.
Naval Financial Regulation 291A provides for the payment of a gratuity to a member of the Naval Reserve who renders continuous full-time service in the Permanent Naval Forces. The Statutory Rules repeal Division 4 of Part XVI, which contains regulation 291A, which has been replaced by Determination 0711, Reserve Medical Officers and Dental Officers - Gratuity for Continuous Full-Time Service, made under section 58B of the Defence Act 1903.
The date of effect is the date of making of Determinations 0709, 0710 and 0711.
Overview
The Statutory Rules 1984 No. 381, issued by the authority of the Minister for Defence, amends the Naval Financial Regulations to address the need for updated remuneration frameworks for medical and dental officers within the Australian Defence Force. This amendment is enacted under Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations altering or repealing regulations, with such determinations deemed as Statutory Rules. The primary objective is to replace outdated provisions in the Naval Financial Regulations with more contemporary determinations that reflect current policy and service requirements. These changes ensure that the payment of bounties and gratuities to medical and dental officers, both in the permanent and short service commissions as well as for those in the Naval Reserve, are aligned with contemporary standards and practices.
Scope and Application
The Naval Financial Regulations, as amended by these Statutory Rules, apply to specific members within the Australian Defence Force, particularly focusing on medical and dental officers within both the permanent and short service commissions, as well as reserve medical and dental officers who provide continuous full-time service in the Permanent Naval Forces. The reach of this legislation is national, being issued under the authority of the Minister for Defence and therefore applicable across Australia, in line with federal legislative power. These regulations are replaced by three specific determinations: Determination 0709, Determination 0710, and Determination 0711, which provide detailed rules concerning the bounty payable on appointment and gratuity payable on completion of appointments for medical and dental officers, as well as the gratuity for continuous full-time service for reserve medical and dental officers. The commencement of these regulations is tied to the date of issuance of the determinations mentioned, and no exclusions, exemptions, or thresholds are specified within the text of this explanatory statement. The application of these regulations may also be extended or restricted through additional subordinate instruments made under the authority of the relevant sections of the Defence Act 1903.
Key Provisions
The Statutory Rules 1984 No. 381, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to update the provisions regarding the payment of gratuities and bounties to certain members of the Navy (Section 12). Specifically, Part VII of the Naval Financial Regulations, which originally provided for these payments, is repealed and replaced by new determinations. Determination 0709 pertains to the bounty payable to medical and dental officers upon appointment to a permanent or short service commission (Section 58B). Similarly, Determination 0710 addresses the gratuity payable to these officers upon completion of a short service commission, while Determination 0711 governs the gratuity for reserve medical and dental officers who render continuous full-time service in the Permanent Naval Forces.
The obligations imposed by these determinations primarily concern the eligibility criteria and calculation of the bounty and gratuity payments for the specified officers. The determinations set out the specific conditions under which these payments are to be made, ensuring that they are only applicable to officers who meet the outlined service requirements. The process for claiming these payments, including any necessary documentation and timelines, would also fall under these obligations.
In terms of consequences for non-compliance or breach of these determinations, the legislation does not explicitly outline specific offences or penalties. However, any breaches of the Defence Act 1903 or other relevant statutes under which these determinations are made could potentially lead to civil or criminal penalties. For instance, violations of the Defence Act could result in fines or imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the Defence Act and other applicable laws.