EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 123
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FINANCIAL REGULATIONS (AMENDMENT)
The Naval Financial Regulations (“the Regulations”), made under the Naval Defence Act 1910, prescribe financial conditions of service for members of the Navy, including provisions relating to disciplinary matters, and the forfeiture of salary and allowances.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline and the forfeiture of salary and allowances; fuller details are provided below. As a result of this legislation, consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Section 34 of the Naval Defence Act 1910 applies the Naval Discipline Act, 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK) to the Australian Navy and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, and creates the statutory office of Judge Advocate General of the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions.
(iii) Forfeiture of Salary and Allowances
A related matter is the forfeiture of salary and allowances of members of the Defence Force, for which provision is made by section 119 of the Defence Act 1903 and the regulations under that Act, the Naval Defence Act 1910 and the Air Force Act 1923. Section 53 of the Defence Force Re-organization Act 1975 replaced section 119 of the Defence Act 1903 with a new section 119 (subsequently further amended by section 10 of the Defence Acts Amendment Act 1981) which
provides that the regulations may make provision for the forfeiture or suspension of the salary and allowances of members of the Defence Force. Section 53 (and the further amendments) will be brought into operation on 3 July 1985, and new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations from that date.
Amendments to the Naval Financial Regulations
This Statutory Rule makes the necessary consequential repeals and amendments to the provisions in the Regulations relating to disciplinary matters and the forfeiture of salary and allowances.
Commencement
The repeals and amendments have effect from 3 July 1985.
Overview
The Naval Financial Regulations (Amendment) Statutory Rules 1985 were enacted to address the need for updated regulations in light of new defence legislation and the repeal of outdated UK regulations. These regulations, made under the Naval Defence Act 1910, outline the financial conditions of service for Navy members, including disciplinary matters and the forfeiture of salary and allowances. The amendments were introduced to align the existing regulations with the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which brought about significant changes to the disciplinary framework and repealed the application of certain UK laws to the Australian Navy. These consequential amendments were necessary to ensure consistency and legality in the administration of discipline and financial penalties within the Navy, and they were issued by the authority of the Minister for Defence. The regulations commenced on 3 July 1985, reflecting the broader legislative changes designed to modernise and streamline the disciplinary processes and financial regulations applicable to Navy members.
Scope and Application
The Naval Financial Regulations (Amendment) Statutory Rule 1985 No. 123, issued under the authority of the Minister for Defence, modifies the Naval Financial Regulations made under the Naval Defence Act 1910. These regulations govern the financial conditions of service for members of the Australian Navy, including disciplinary issues and the forfeiture of salary and allowances. The amendments are consequential to other legislative changes occurring on 3 July 1985, which introduced the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, discontinuing the application of certain UK laws to the Australian Navy. As such, this rule repeals and amends existing provisions in the Naval Financial Regulations to align with the new disciplinary framework and the updated forfeiture provisions under the Defence Force Re-organization Act 1975 and subsequent amendments. The changes apply to all members of the Navy and come into effect on the specified date.
Key Provisions
The main operative sections of the Naval Financial Regulations (Amendment) Statutory Rules 1985 No. 123 pertain to the modifications required in the existing Naval Financial Regulations due to new legislation concerning discipline and the forfeiture of salary and allowances. These changes are necessitated by the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which consolidate and amend the disciplinary laws applicable to the Defence Force, and the Defence Force Re-organization Act 1975, which introduces new provisions for the forfeiture or suspension of salary and allowances. Section 3 of the Statutory Rules outlines these necessary amendments, aligning the Naval Financial Regulations with the new legislative framework that will come into effect on 3 July 1985.
The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that the Naval Financial Regulations are updated to reflect the new disciplinary laws and provisions for the forfeiture of salary and allowances. Specifically, the Regulations must be amended to incorporate the changes brought about by the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which consolidate and repeal existing disciplinary laws. Furthermore, the Act requires that the Regulations be adjusted to comply with the new provisions regarding the forfeiture or suspension of salary and allowances, as introduced by the Defence Force Re-organization Act 1975. These amendments are designed to streamline and modernise the disciplinary framework and financial conditions of service for members of the Navy.
The Statutory Rules also address the consequences of non-compliance with the amended Naval Financial Regulations. While the Explanatory Statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the Regulations, it is reasonable to infer that failure to comply with these updated regulations could result in disciplinary action against members of the Navy. Such actions could include administrative penalties or more severe disciplinary measures, depending on the nature and severity of the breach. The regulations themselves, once amended, will likely specify the exact consequences for non-compliance, aligning with the broader disciplinary framework established by the Defence Force Discipline Act 1982. The overarching aim is to ensure that the financial conditions of service for Navy members are enforced consistently and in accordance with the updated legislative requirements.