Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 72, issued by the authority of the Minister for Defence, addresses the need to amend the Naval Financial Regulations in line with the consolidation of legislation governing the conditions of service for members of the Defence Force. Enacted under the authority of the Defence Amendment Act 1979, these rules seek to streamline the administrative processes by repealing outdated regulations concerning the payment of Outfit allowance and special duties allowances, aligning them with the more contemporary provisions established in Determinations 0602 and 0698 under the Defence Act 1903. The policy objective of these amendments is to ensure consistency and clarity in the financial regulations that apply to naval personnel, reflecting the current legislative framework.

Scope and Application

The Naval Financial Regulations Amendment (Outfit Allowance) Statutory Rules 1984, issued under the authority of the Minister for Defence, apply to officers and sailors of the Australian Naval Reserve and the Naval Emergency Reserve Forces, as well as members of the Permanent Naval Forces. These Statutory Rules pertain to the payment of Outfit allowances for the purchase or alterations of uniforms and the allowance for members of the Permanent Naval Forces employed on special duties. The regulations also extend to other members of the Australian Naval Reserve and the Naval Emergency Reserve Forces as specified in sub-regulation 295(1). These regulations are part of a broader consolidation effort aimed at legalising the Outfit Allowance through Determinations 0602 and 0698 under the Defence Act 1903, rendering the previous regulation 176 redundant. Consequently, the Statutory Rules repeal regulations 168 and 176 and omit sub-regulation 295(1) of the Naval Financial Regulations, effective from the date Determination 0602 is made. The application of these rules is confined to the Australian jurisdiction, affecting members of the Australian Defence Force within the geographic boundaries of Australia.

Key Provisions

The main operative sections of the Statutory Rules (C2004L05507) pertain to the amendment of the Naval Financial Regulations under the authority of the Minister for Defence. Specifically, section 12 of the Defence Amendment Act 1979 allows for interim determinations to amend or repeal regulations, which are then deemed to be Statutory Rules. Regulation 168, which provides for the payment of Outfit Allowance to various members of the Australian Naval Reserve, the Naval Emergency Reserve Forces, and the Permanent Naval Forces, is repealed. Similarly, regulation 176, which provides for an allowance to members of the Permanent Naval Forces employed on special duties, is also repealed. Furthermore, sub-regulation 295(1) of the Naval Financial Regulations, which applies the provisions of regulation 168 to other members of the Australian Naval Reserve and the Naval Emergency Reserve Forces, is omitted. These changes are made to consolidate the legislation covering the conditions of service for members of the Defence Force, with Outfit Allowance now being given legal effect by Determinations 0602 and 0698 under section 58B of the Defence Act 1903. The obligations and requirements imposed by these Statutory Rules on the parties or entities governed by them are primarily related to the cessation of certain financial allowances and the reclassification of the Outfit Allowance into Determinations 0602 and 0698. The Australian Naval Reserve, the Naval Emergency Reserve Forces, and the Permanent Naval Forces must adhere to the new provisions concerning Outfit Allowance, which now legally mandates that the allowance is provided through the cited determinations rather than the repealed regulations. The Minister for Defence, as the authority issuing these Statutory Rules, must ensure that the changes are implemented effectively and that all relevant parties are informed of the modifications. The Statutory Rules do not explicitly outline offences, penalties, or consequences for breaches. However, any failure to comply with the new Determinations 0602 and 0698 regarding Outfit Allowance could result in civil or administrative consequences, as the Defence Act 1903 and related provisions would apply. The exact penalties would depend on the specific breach and the relevant legal frameworks in place at the time. It is important for the parties involved to ensure they adhere to the updated legislation to avoid any potential repercussions.