Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 59, an interim determination under the Defence Amendment Act 1979, was enacted to address the need for adjustments to the Naval Financial Regulations concerning double bottoms pay for naval personnel. This legislative instrument was introduced by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence, and its primary objective was to align certain financial regulations with new allowances and determinations within the Defence Act 1903. Specifically, the amendment ensures that the regulation regarding double bottoms pay does not conflict with the Confined Spaces Allowance, which was established under section 58B of the Defence Act 1903. The determination was designed to maintain coherence and fairness in the financial compensation provided to naval personnel, ensuring that their remuneration aligns with updated allowances and regulations.

Scope and Application

The Interim Determination under section 12 of the Defence Amendment Act 1979 pertains to the amendment of the Naval Financial Regulations, specifically Regulation 73 concerning double bottoms pay. This determination is applicable to members of the Australian Defence Force, particularly those in the naval sector, as it directly modifies their financial regulations. The regulation will not apply during the period when Determination 0206, Confined Spaces Allowance made under section 58B of the Defence Act 1903, is in effect. The geographic scope of this legislation is confined to the Commonwealth of Australia, as it is an instrument made under federal law. There are no explicit exclusions or exemptions mentioned in the text, but the regulation’s effect is contingent upon the status of Determination 0206. The application of this interim determination may be further extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The main operative section of this legislation is the Interim Determination made under section 12 of the Defence Amendment Act 1979 (section 1). This Interim Determination amends Regulation 73 of the Naval Financial Regulations by adding a new sub-regulation (sub-regulation (2)). This amendment specifies that the regulation will not apply while Determination 0206, Confined Spaces Allowance, made under section 58B of the Defence Act 1903, is in effect. The purpose of this amendment is to ensure that certain financial regulations do not overlap or conflict with the provisions of the Confined Spaces Allowance. The obligations imposed by this legislation primarily concern the application and enforcement of the amended Naval Financial Regulations. The amendment clearly states that Regulation 73 will be inoperative as long as Determination 0206 remains in force. This means that any provisions within Regulation 73 that are intended to govern the financial matters of the Navy will not apply during the period when the Confined Spaces Allowance is effective. This ensures that the financial regulations are consistent and do not contradict the allowances provided under the Defence Act. There are no specific offences, penalties, or consequences outlined in the Interim Determination itself. However, non-compliance with Defence Act regulations or statutory rules could potentially lead to disciplinary action, depending on the context and severity of the breach. The Defence Act and related regulations typically include provisions for enforcement and penalties, although these are not detailed in the Interim Determination. The maximum penalties for breaches of Defence Act provisions would be determined by the relevant sections of the Act and any subordinate legislation. The Interim Determination ensures that the financial regulations for the Navy are aligned with other Defence Act provisions, specifically the Confined Spaces Allowance. This alignment is crucial for maintaining a coherent and effective regulatory framework for Defence personnel. By clarifying that Regulation 73 does not apply while the Confined Spaces Allowance is in force, the legislation avoids potential conflicts and ensures that Defence personnel are compensated appropriately under the correct regulations.