Naval Financial Regulations (Amendment)

Overview

The Statutory Rules no. 270 of 1983, issued under the authority of the Minister for Defence, were enacted to amend the Naval Financial Regulations in alignment with changes introduced by the Defence Amendment Act 1979. This amendment specifically targets regulation 290 of the Naval Financial Regulations, which previously provided for the payment of a bounty to members of the Naval Emergency Reserve Forces. This legislative action addresses the need to streamline and modernise the financial regulations governing the Australian Defence Force, ensuring that they reflect current policy and administrative practices. The repeal of regulation 290 and its replacement with Determination 0799, made under section 58B of the Defence Act 1903, aims to provide a more efficient and coherent framework for the payment of bounties to members of the Emergency Reserve, thereby enhancing the operational effectiveness of the Naval Reserve Forces.

Scope and Application

The scope of Statutory Rules no. 270 of 1983, issued under the authority of the Minister for Defence, pertains to the amendment of the Naval Financial Regulations specifically regarding the bounty payable to members of the Naval Emergency Reserve Forces. This legislative amendment applies to individuals who are members of the Naval Emergency Reserve Forces, encompassing their eligibility and entitlement to the bounty as stipulated by the relevant regulations. The rules operate within the Commonwealth jurisdiction, impacting the financial provisions and benefits applicable to members of the Naval Emergency Reserve Forces. The repeal of regulation 290 and its replacement by Determination 0799 under section 58B of the Defence Act 1903 signifies an update to the regulatory framework governing the payment of bounties to these members. The amendment is effective from the date Determination 0799 is made, thereby ensuring a seamless transition and alignment with the new regulatory provisions.

Key Provisions

The principal operative sections of the Statutory Rules 2004 No. 5503, issued under the authority of the Minister for Defence, are concerned with the amendment of the Naval Financial Regulations. Specifically, section 12 of the Defence Amendment Act 1979 provides the legislative basis for the Minister to make interim determinations that amend or repeal regulations, which are then deemed to be Statutory Rules (section 12). Regulation 290 of the Naval Financial Regulations, which originally provided for the payment of a bounty to members of the Naval Emergency Reserve Forces, has been repealed by these rules (section 1(1)). This repeal is consequential upon the replacement of Regulation 290 by Determination 0799, Bounty Payable to Members of the Emergency Reserve, made under section 58B of the Defence Act 1903 (section 1(2)). The Act imposes several obligations and requirements on the parties and entities it governs. The Minister for Defence must ensure that the interim determinations made under section 12 of the Defence Amendment Act 1979 are consistent with the overall legislative framework and operational needs of the Defence Force (section 12). Furthermore, the determinations must be made in a manner that complies with the statutory requirements and any relevant administrative procedures. The repeal of Regulation 290 and its replacement by Determination 0799 necessitates that all relevant authorities and stakeholders be informed of the change and that any necessary administrative adjustments be made to reflect the new determination (section 1(2)). Offences, penalties, or civil and criminal consequences for breach are not explicitly detailed in these Statutory Rules. However, any breaches of the Defence Amendment Act 1979 or the Defence Act 1903, from which these rules derive their authority, could result in legal consequences. Typically, such breaches might attract penalties under the relevant acts, which can include fines and other sanctions. For instance, if the interim determinations or the new bounty determination fail to comply with the statutory requirements, there could be administrative or legal actions taken against the responsible parties, potentially including the Minister for Defence. The maximum penalties would depend on the specific provisions of the Defence Amendment Act 1979 and the Defence Act 1903, which would need to be consulted for precise details.