Naval Financial Regulations (Amendment)

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Statutory Rules 1981 No. 191

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Naval Financial Regulations2 (Amendment)

I, THE MINISTER OF STATE FOR ADMINISTRATIVE SERVICES acting for and on behalf of the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated 16 February 1981.

KEVIN NEWMAN

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

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Interpretation

Regulation 271 of the Naval Financial Regulations is amended by omitting paragraph (a) and substituting the following paragraph:

“(a) ‘naval service’ means service in the Navy other than—

(i) continuous full time service;

(ii) service rendered by a legal officer which is not part of the service which he is obliged to render in order to fulfil his training commitment and which is performed during a period when he would otherwise be engaged in his private professional capacity, other than as an employee, between the hours of 9 o’clock in the morning and 5 o’clock in the evening on a Monday, Tuesday, Wednesday, Thursday or Friday; or

(iii) service rendered by a Judge of a federal court or a Judge of a court of a State or Territory; and”.


NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1981.

2. Statutory Rules 1956 No. 88 as amended by 1957 Nos. 27, 32, 68 and 77; 1958 Nos. 25, 45 and 76; 1959 Nos. 66 and 90; 1960 No. 53; 1961 Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962 Nos. 10, 19, 22, 32, 86, 96 and 107; 1963 Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964 Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965 Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1966 Nos. 31, 33, 103 and 128; 1967 Nos. 21, 40, 56, 107, 109 and 159; 1968 Nos. 70, 77, 78, 99, 104 and 152; 1969 Nos. 5, 41, 55, 113, 114, 119, 138, 177, 201, 208 and 209; 1970 Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; 1971 Nos. 1, 2, 46, 56, 122, 158 and 173; 1972 Nos. 21, 35, 83, 100, 147, 182 and 200; 1973 Nos. 81, 106, 170, 178, 208, 254 and 270; 1974 Nos. 74, 90, 158, 200, 254 and 255; 1975 Nos. 40 and 142; 1976 Nos. 4, 12, 57, 162 and 242; 1977 Nos. 4, 37, 46, 91, 143, 241 and 278; 1978 Nos. 21, 62, 70, 88, 161, 223, 232 and 233; 1979 Nos. 25, 26, 48, 56, 57, 129, 132, 138, 281, 301 and 308; 1980 Nos. 36, 48, 58, 59, 60, 81, 96, 131, 161, 162, 163, 164, 173, 179, 219, 223, 239, 252, 305, 315, 355 and 367.

Overview

The Naval Financial Regulations 2 (Amendment) Statutory Rules 1981 No. 191 was enacted to amend the existing Naval Financial Regulations, which are a set of rules governing financial matters within the Australian Navy. This interim determination was made under the authority of the Defence Amendment Act 1979 and was enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Defence. The primary objective of this legislation was to refine the definition of 'naval service' to exclude certain types of service from its scope. Specifically, it excludes continuous full-time service, service by legal officers outside their training commitments, and service by judges of federal, state, or territory courts. The enacting body for this legislation was the Parliament of Australia, which authorised the Minister of State for Administrative Services to make this interim determination. The policy objective was to provide clarity and specificity to the definition of 'naval service', ensuring that certain professional and judicial roles were not inadvertently included within the scope of the regulations. This amendment aimed to align the regulations more closely with the actual operational and professional duties of personnel within the Navy, thereby enhancing the precision and effectiveness of the financial governance framework.

Scope and Application

The Naval Financial Regulations (Amendment) Interim Determination 1981 is an amendment to the Naval Financial Regulations, which govern the financial management and remuneration of personnel serving in the Australian Navy. This legislative instrument applies to all individuals engaged in naval service, except for those undertaking continuous full-time service, legal officers performing duties outside their training commitments during specified hours, and judges of federal and state or territory courts. The amendment alters the definition of "naval service" to clarify the scope of the regulations. The jurisdiction of this amendment is Commonwealth-wide, impacting all naval personnel across Australia. The regulations are enforced through subordinate instruments as necessary to implement and administer the provisions of the Defence Amendment Act 1979.

Key Provisions

The main operative sections of the Naval Financial Regulations 1981 (Amendment) involve significant changes to the definition of "naval service" as outlined in Regulation 271. Specifically, the amendment removes the previous definition and replaces it with a new paragraph that defines "naval service" more narrowly (Reg. 271(a)). This new definition excludes continuous full-time service, service by legal officers outside their training commitments, and service by federal or state court judges. These changes aim to refine and clarify who is considered to be in naval service for the purposes of the regulations. The obligations imposed by the amended Naval Financial Regulations 1981 are primarily centred on the precise definition of naval service. This definition determines eligibility for certain financial benefits and obligations within the Navy. Personnel who fall under the specified exclusions are no longer considered to be in naval service for the purposes of the regulations. Consequently, this may affect their entitlement to benefits, allowances, or other financial considerations that are typically afforded to those in active naval service. In terms of breaches and penalties, the Naval Financial Regulations 1981 do not explicitly state penalties for non-compliance within the text provided. However, it is reasonable to infer that any misuse of the definition of naval service could lead to financial discrepancies or improper claims of benefits. Such breaches might be subject to internal Defence audits and disciplinary actions under other Defence-related regulations or acts. Given that this is an interim determination, further legal frameworks might provide additional detail on the consequences of non-compliance.

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