Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 332, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to address the need for updated provisions regarding allowances for the dependants of Navy members who are detained, imprisoned, or confined in cells. This legislative amendment is an application of section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal regulations. The policy objective is to streamline and modernise the regulatory framework governing financial allowances for Navy personnel and their dependants in the context of detention or imprisonment, as originally outlined in regulation 91 of the Naval Financial Regulations. These rules repeal regulation 91 and make consequential amendments to regulation 129 and Schedule 3 of the Naval Financial Regulations, aligning the legislative provisions with the new Determination 0806, which was made under section 58B of the Defence Act 1903.

Scope and Application

The Statutory Rules 1984 No. 332, issued under the authority of the Minister for Defence, pertain to amendments of the Naval Financial Regulations, specifically repealing Regulation 91. This regulation, which formerly provided for payment of an allowance in respect of the dependants of a member of the Navy who is detained, imprisoned, or confined in cells, has been replaced by Determination 0806, made under section 58B of the Defence Act 1903. The regulations apply to members of the Navy and their dependants who are affected by the detention, imprisonment, or confinement of the member in question. The reach of these regulations is limited to the Commonwealth of Australia, aligning with the national jurisdiction of the Defence Act 1903. The changes also include consequential amendments to Regulation 129 and Schedule 3 of the Naval Financial Regulations, along with the removal of references to repealed regulations from Schedule 3. The date of effect for these changes is aligned with the date on which Determination 0806 is made.

Key Provisions

The primary sections of these Statutory Rules are Section 1, which repeals regulation 91 of the Naval Financial Regulations, and Section 2, which makes consequential amendments to regulation 129 and Schedule 3 of the same Regulations (Sections 1 and 2). Section 1 specifically removes the allowance provision for the dependants of a Navy member who is detained, imprisoned, or confined in cells, a provision previously covered by regulation 91. This allowance has been replaced by Determination 0806, made under section 58B of the Defence Act 1903. Section 2 ensures that regulation 129 and Schedule 3 are updated to reflect the repeal of regulation 91 and the introduction of Determination 0806, and it also removes any references in Schedule 3 to other repealed regulations. These Statutory Rules impose specific obligations on the Defence Force and its members. The repeal of regulation 91 means that the Defence Force must now adhere to the provisions of Determination 0806 for the allowance of dependants of detained, imprisoned, or confined members. This determination likely includes updated criteria, rates of payment, and conditions under which the allowance is provided. The Defence Force is also required to ensure that regulation 129 and Schedule 3 are updated to reflect these changes and to remove outdated references to repealed regulations. Members of the Navy who were previously eligible for the allowance under regulation 91 must now comply with the new provisions set out in Determination 0806. There are no specific offences, penalties, or civil/criminal consequences outlined in these Statutory Rules themselves. However, the Defence Force is likely to enforce the provisions of Determination 0806, and failure to comply with these provisions could result in the withholding of the allowance or other administrative actions. Any breaches of the Defence Act 1903 or related regulations could result in disciplinary action, fines, or other penalties as prescribed by law. The maximum penalties for such offences would depend on the specific breach and the relevant provisions of the Defence Act 1903 or other applicable legislation.