EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 184
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 the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulation 21 of the Naval Financial Regulations, which provides for the payment of an Entertaining Allowance to officers of the Navy who hold certain appointments, has been replaced by Determination 0212, Entertainment Allowance, a determination made under section 58B of the Defence Act 1903. These Statutory Rules repeal regulation 21.
Regulation 287 of the Naval Financial Regulations provides for the payment of a retaining fee to a medical officer holding an appointment as District Naval Medical Officer or Port Division Medical Officer. These Statutory Rules repeal regulation 287 because payments of this kind are considered to be management expenses for which authority exists provided that funds have been appropriated by the Parliament for the purpose.
The opportunity has been taken to make a minor text amendment to Part II of the Naval Financial Regulations.
Overview
The Statutory Rules 1982 No. 184, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations in response to changes in allowances and fees within the Department of Defence. Enacted by the Parliament of Australia, this statutory rule addresses specific allowances and fees that have been either replaced or reclassified, ensuring the regulations remain current and aligned with policy changes. The policy objective is to streamline and modernise financial provisions within the Navy, ensuring that allowances and fees are paid in accordance with the latest legislative and policy frameworks.
These statutory rules specifically repeal Regulation 21 and Regulation 287 of the Naval Financial Regulations. Regulation 21, which dealt with the payment of an Entertaining Allowance, has been replaced by Determination 0212 under the Defence Act 1903. Regulation 287, which provided for the payment of a retaining fee to certain medical officers, is repealed because such payments are now considered management expenses. This amendment aims to ensure that all financial provisions within the Navy are consistent with current policy and legislative requirements.
Scope and Application
The Statutory Rules 1982 No. 184, issued under the authority of the Minister for Defence, pertain to amendments of the Naval Financial Regulations. These regulations govern financial aspects of the Navy, including allowances and fees related to specific appointments within the Navy. The application of these rules is specifically confined to officers of the Navy who hold certain appointments, such as those eligible for an Entertaining Allowance or a retaining fee as a District Naval Medical Officer or Port Division Medical Officer. The scope of this legislation is geographically and jurisdictionally limited to the Commonwealth of Australia, as it applies to the Australian Defence Force and its financial regulations. The amendments and repeals of specific regulations, as provided for in this Statutory Rules document, are made under the authority granted by the Defence Amendment Act 1979 and the Defence Act 1903, thereby ensuring that the interim determinations are legally recognised and enforceable. Additionally, the opportunity has been taken to correct a minor textual issue in the regulations, enhancing clarity and precision in the application of these financial rules.
Key Provisions
The primary operative sections of these Statutory Rules, as indicated in the explanatory statement, revolve around the amendment and repeal of certain regulations within the Naval Financial Regulations. Specifically, Regulation 21, which previously governed the payment of an Entertaining Allowance to officers of the Navy, has been repealed and replaced by Determination 0212 under section 58B of the Defence Act 1903. Similarly, Regulation 287, which provided for the payment of a retaining fee to specific medical officers, has also been repealed. This repeal is justified as such payments are now considered management expenses, subject to parliamentary appropriation of funds. Moreover, a minor textual amendment has been made to Part II of the Naval Financial Regulations.
The obligations and requirements imposed by these Statutory Rules primarily affect officers of the Navy and medical officers within the naval service. For officers of the Navy, the new Determination 0212 sets the terms and conditions for the payment of an Entertainment Allowance, replacing the previous Regulation 21. For medical officers, the repeal of Regulation 287 means that any retaining fees previously due are no longer payable under the Naval Financial Regulations. These changes necessitate that officers and medical staff adhere to the new provisions outlined in Determination 0212 and the broader financial regulations, including any appropriations made by Parliament for management expenses.
The Statutory Rules themselves do not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance. However, the overarching legislation, such as the Defence Act 1903 and the Defence Amendment Act 1979, may contain provisions that could be invoked in cases of non-compliance. Typically, breaches of defence regulations can lead to disciplinary actions, including administrative penalties or even criminal charges, depending on the severity of the breach and the discretion of the relevant authorities. The maximum penalties for such breaches would be determined by the applicable laws and the specific nature of the offence, which are not detailed within these Statutory Rules but are governed by the broader legislative framework.