Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 47, issued under the authority of the Minister for Defence, represents an amendment to the Naval Financial Regulations. This amendment was enacted to update and replace Regulation 283 with Determination 0198, which pertains to Band Allowance. This change was authorised by Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations to amend or repeal regulations, with such determinations deemed as Statutory Rules. The policy objective is to ensure that the financial regulations governing the Australian Defence Force remain current and effective in meeting the needs of service personnel, thereby maintaining operational efficiency and compliance with legislative requirements. The rules came into effect on the date Determination 0198 was made under Section 58B of the Defence Act 1903.

Scope and Application

The Statutory Rules 1982 No. 47, issued under the authority of the Minister for Defence, pertain to the amendment of the Naval Financial Regulations. Specifically, these rules address the repeal of regulation 283, which has been superseded by Determination 0198 concerning Band Allowance, made under section 58B of the Defence Act 1903. This amendment is effective from the date Determination 0198 is enacted. The regulations apply to personnel within the Australian Defence Force who are subject to the Naval Financial Regulations. The jurisdictional reach of these rules is primarily within the Commonwealth, as they pertain to defence-related financial matters governed by federal legislation. There are no explicit exclusions, exemptions, or thresholds mentioned within the text; however, the application of the rules may be further defined or extended through subordinate instruments.

Key Provisions

The main operative sections of the Statutory Rules 1982 No. 47 are those that facilitate the amendment of the Naval Financial Regulations in light of the Defence Amendment Act 1979. Specifically, Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that either amend or repeal existing regulations. These interim determinations are deemed to be Statutory Rules, as outlined in the new legislation. Regulation 283 of the Naval Financial Regulations has been specifically targeted for replacement by Determination 0198, which pertains to the Band Allowance, made under Section 58B of the Defence Act 1903. The Statutory Rules repeal regulation 283, making Determination 0198 the new governing rule effective from the date it was made under Section 58B. The obligations and requirements imposed by these Statutory Rules are primarily centred around the transition from Regulation 283 to Determination 0198. This transition ensures that the financial regulations governing the Navy are updated to reflect any new policies or allowances related to the Band Allowance. Entities and individuals subject to the Naval Financial Regulations must comply with the new Determination 0198 from the date it becomes effective. This includes ensuring that all financial records and allowances are updated in accordance with the new regulations. Any breach of the Statutory Rules 1982 No. 47 may result in various consequences depending on the severity and nature of the non-compliance. Under the Defence Act 1903, penalties for non-compliance with the amended regulations can include both civil and criminal sanctions. The exact nature of these penalties would be governed by the specific provisions of the Defence Act 1903 and any other relevant legislation. The maximum penalties for such breaches would depend on the specific offence committed and could potentially involve fines, imprisonment, or other legal consequences as stipulated by the applicable laws. Compliance with the new Determination 0198 is crucial to avoid any legal repercussions that may arise from failing to adhere to the updated financial regulations.