Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 441, issued under the authority of the Minister for Defence, pertains to the amendment of the Naval Financial Regulations. This legislative instrument was enacted to address specific gaps within the existing regulatory framework governing financial allowances and contributions for members of the Australian Navy. As per Section 12 of the Defence Amendment Act 1979, the Minister has the authority to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules. The primary objective of these rules is to update and streamline the financial provisions for Navy members, ensuring they align with current operational needs and legislative standards. The rules specifically repeal Regulation 211, which dealt with the payment of meal allowances, and Regulation 230, which addressed travel fare contributions by Navy members on leave. These regulations have been replaced by Determination 0506, made under Section 58B of the Defence Act 1903. This amendment reflects a shift towards more contemporary and efficient administrative practices, ensuring that the financial support mechanisms for Navy personnel are both relevant and effective. The consequential amendment to Schedule 3 of the Naval Financial Regulations further integrates these changes, maintaining the coherence and applicability of the regulatory framework.

Scope and Application

The Statutory Rules 1984 No. 441, issued by the authority of the Minister for Defence, amends the Naval Financial Regulations to reflect changes in the payment of meal allowance and travel fare contributions for members of the Navy. Specifically, Regulation 211, which previously governed the payment of meal allowance, has been repealed and replaced by Determination 0506 made under Section 58B of the Defence Act 1903. Similarly, Regulation 230, which related to the contribution towards travel fares for Navy members on leave, has also been repealed. These amendments are effective from the date on which Determination 0506 is made. The regulations apply to all members of the Navy, ensuring they adhere to the updated provisions regarding meal allowances and travel fare contributions.

Key Provisions

The key operative sections of these Statutory Rules (C2004L05529) relate to the amendment of the Naval Financial Regulations, specifically focusing on the replacement of certain provisions with new determinations. Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations that amend or repeal regulations, and these determinations are deemed to be Statutory Rules. Regulation 211, which concerned the payment of meal allowance to Navy members, is repealed and replaced by Determination 0506 made under Section 58B of the Defence Act 1903 (Section 1). Similarly, Regulation 230, which addressed the contribution of Navy members towards travel fares on leave, is also repealed (Section 2). These changes are effective from the date Determination 0506 is made. The obligations and requirements imposed by these Statutory Rules primarily revolve around the repeal of existing regulations and their replacement with new determinations. The new Determination 0506, which replaces Regulation 211, sets out the updated provisions for the payment of meal allowances to Navy members, reflecting the current policy and financial arrangements. The repeal of Regulation 230 means that the previous contribution requirements for travel fares on leave are no longer applicable, and any new arrangements will be governed by the new Determination 0506 or other relevant determinations. These changes necessitate that all relevant parties, including the Department of Defence and Navy members, adhere to the new provisions as set out in Determination 0506. There are no specific offences, penalties, or consequences for breach outlined in these Statutory Rules. The primary focus is on the administrative amendment of regulations to reflect current policy and financial arrangements. However, non-compliance with the new determinations, such as failure to adhere to the updated meal allowance provisions or travel fare contributions, may have administrative or financial repercussions. These could include disputes over payments or allowances, but the Statutory Rules do not specify maximum penalties for such breaches. Instead, any legal or administrative consequences would likely be determined by the Defence Act 1903 or other relevant legislation, depending on the nature and severity of the non-compliance.