Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 376, issued by the authority of the Minister for Defence, amends the Naval Financial Regulations. Enacted to address a specific gap in the Defence Act 1979, this legislation facilitates the amendment of existing regulations through the Minister’s determinations, ensuring the regulatory framework remains current and effective. This interim determination repeals regulation 302 of the Naval Financial Regulations, which previously specified that an allowance would not be payable to a Navy member not entitled to salary. This repeal aligns with Determination 2608, Leave Without Pay, made under section 58B of the Defence Act 1903, thereby updating the regulatory provisions to reflect current policy objectives and practices within the Defence sector.

Scope and Application

The Interim Determination, issued under the authority of the Minister for Defence, pertains to the amendment of the Naval Financial Regulations. It specifically addresses the repeal of Regulation 302, which previously stipulated that an allowance was not payable to a member of the Navy when they were not entitled to be paid salary. This repeal is consequential upon the introduction of Determination 2608, Leave Without Pay, which was made under section 58B of the Defence Act 1903. The Interim Determination takes effect from the day Determination 2608 is made, thereby reflecting the updated regulatory framework for financial entitlements of naval personnel. This amendment applies to all members of the Navy, ensuring compliance with the new provisions concerning leave without pay. The scope of this legislation is limited to the financial regulations of the Australian Defence Force, specifically targeting the Navy. The jurisdictional reach is established by the Defence Act 1979, which empowers the Minister to make such determinations. No exclusions or exemptions are explicitly stated, suggesting that the new provisions apply universally to all members of the Navy. The determination is effective from the specified date, indicating that any previously applicable allowances or regulations are superseded by the new Determination 2608, Leave Without Pay.

Key Provisions

The key provisions of this Statutory Rule (C2004L05525) revolve around the amendment of the Naval Financial Regulations (section 1). Specifically, it repeals regulation 302, which previously stated that an allowance is not payable to a member of the Navy when they are not entitled to be paid salary (section 2). This change is made in light of a new determination, 2608, titled "Leave Without Pay," which has been introduced under section 58B of the Defence Act 1903 (section 3). The repeal of regulation 302 takes effect on the day Determination 2608, Leave Without Pay, is enacted (section 4). The obligations and requirements imposed by this Statutory Rule primarily concern the Defence Force and its members. It mandates that the Defence Force must adhere to the new provisions outlined in Determination 2608, Leave Without Pay, which replaces the repealed regulation 302. This means that financial allowances for Navy members during periods when they are not entitled to salary must now be governed by the new determination. Additionally, the Defence Force must ensure that all relevant personnel are informed about the changes and understand how the new provisions apply to their entitlements and financial situations. The Statutory Rule itself does not explicitly state any offences, penalties, or consequences for breaches of the new provisions. However, any failure to comply with the Defence Act 1979 or the new determination could potentially result in legal actions or administrative penalties. Under the Defence Act, breaches of financial regulations can lead to disciplinary actions against Defence Force members, including possible fines, deductions from pay, or other administrative measures. The specific penalties would depend on the nature and severity of the breach, as outlined in the Defence Act and the new determination.