EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 33
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that during the period ending on 1 January 1982, the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 250C of the Naval Financial Regulations, which provides for pay in lieu of war service leave to members of the Navy, has been replaced by a tri-service Determination 2606, War Service Leave, made under section 58B of the Defence Act 1903.
These Statutory Rules therefore repeal regulation 250C.
The date of effect is the date on which Determination 2606, War Service Leave is made under section 58B of the Defence Act 1903.
Overview
The Statutory Rules 1982 No. 33, issued under the authority of the Minister for Defence, address the need to align the Naval Financial Regulations with the new tri-service framework established by the Defence Amendment Act 1979. This legislative measure was introduced to ensure consistency across the armed services regarding war service leave provisions for Navy members. The rules were enacted to repeal Regulation 250C of the Naval Financial Regulations, which previously provided for pay in lieu of war service leave, and to replace it with Determination 2606, War Service Leave, made under section 58B of the Defence Act 1903. This amendment reflects the policy objective of harmonising financial regulations across all branches of the Defence Force, thereby ensuring uniformity and equity in the treatment of service members.
Scope and Application
The Naval Financial Regulations Amendment (No. 33) Statutory Rules 1982, issued under the authority of the Minister for Defence, pertains specifically to the amendment and repeal of Regulation 250C concerning the provision of pay in lieu of war service leave to members of the Australian Navy. This Act applies to the members of the Navy who are entitled to war service leave and affects their financial entitlements. The scope of the Act is confined to the repeal of the specific regulation, with the changes taking effect from the date the tri-service Determination 2606, War Service Leave is made under section 58B of the Defence Act 1903. The replacement of Regulation 250C by the tri-service Determination 2606 signifies a broader application intended to harmonise war service leave provisions across all defence services. The application of this Act is limited to the Commonwealth level, and there are no stated exclusions, exemptions, or thresholds within these rules. The effectivity of this amendment is contingent upon the issuance of the Determination 2606, which would then supersede the repealed regulation.
Key Provisions
The main operative sections of the Statutory Rules 1982 No. 33 involve the repeal of Regulation 250C of the Naval Financial Regulations (section 2(1)). This repeal is due to the replacement of Regulation 250C by Determination 2606, War Service Leave, made under section 58B of the Defence Act 1903 (section 2(2)). The Rules are effective from the date that Determination 2606 is made (section 3).
Under these Statutory Rules, the primary obligation for parties governed by the Naval Financial Regulations is to adhere to the new tri-service Determination 2606 concerning war service leave. This entails recognising and implementing the new provisions regarding pay in lieu of war service leave as outlined in Determination 2606. The Regulations ensure that all affected members of the Navy and potentially other services comply with this updated framework.
Failure to comply with the provisions set out in Determination 2606, as implemented by these Statutory Rules, could result in breaches of the regulations. However, the document does not specify any particular offences, penalties, or consequences for such breaches. It is implied that non-compliance could lead to administrative or disciplinary actions as per the general regulatory framework governing the Defence Act 1903 and its associated regulations. The maximum penalties, if applicable, would be determined under the relevant sections of the Defence Act 1903 and would likely involve fines or other administrative sanctions as prescribed by the Act.