Naval Financial Regulations (Amendment)

Overview

The Interim Determination under the Defence Amendment Act 1979 was enacted in 1980 to address a specific issue regarding the outfit allowance for female members in the Naval Financial Regulations. This legislative instrument was made by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The policy objective was to ensure that the regulations governing allowances for naval personnel were aligned with contemporary gender equity considerations, specifically by ensuring that the allowances for female members were appropriately managed during the transitional period when the initial outfit allowance for female members was in force. This was achieved by amending Regulation 168 of the Naval Financial Regulations to clarify that certain sub-regulations would not take effect while a particular determination was in force, thereby ensuring a smooth and equitable application of allowances.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies specifically to the amendment of the Naval Financial Regulations, particularly in relation to the outfit allowance for female members within the Defence Force. This legislation is pertinent to the personnel of the Australian Defence Force, specifically female members, and seeks to modify certain financial regulations that govern their allowances. The scope of the legislation is limited to the financial aspects of the Defence Force and does not extend to other operational or administrative areas. The jurisdiction of this Act is at the Commonwealth level, as it is an instrument made under an Act of the Commonwealth Parliament. There are no stated exclusions or exemptions within this particular legislative instrument, but it operates in conjunction with other regulations and determinations, which may introduce additional conditions or exceptions. The application of this Act can be further refined or extended through subordinate instruments, allowing for adjustments as necessary to align with broader Defence policies or changes in legislative context.

Key Provisions

The main operative sections of this legislation involve the amendment of Regulation 168 of the Naval Financial Regulations. Specifically, sub-regulations (2A) and (2B) are rendered ineffective while Determination 0604, Initial Outfit Allowance—Female Members, made under section 58B of the Defence Act 1903, remains in force (Reg. 168(5)). This interim determination is made under section 12 of the Defence Amendment Act 1979 by the Minister of State for Administrative Services, acting on behalf of the Minister of State for Defence. The amendment is effective from the date of the determination, which is the sixth day of June 1980. The obligations imposed by this legislation are primarily on the entities governed by the Naval Financial Regulations. These entities must ensure that sub-regulations (2A) and (2B) are not enforced as long as Determination 0604 is in effect. This means that any provisions or allowances that would normally apply under these sub-regulations are superseded by the provisions of Determination 0604 concerning outfit allowances for female members. The legislation mandates that the amended regulation be implemented and adhered to in the administration of financial matters related to outfit allowances for female members within the naval forces. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with statutory regulations can generally lead to legal repercussions. Typically, failure to adhere to such regulations could result in financial penalties, administrative sanctions, or legal action against the non-compliant parties. The exact nature and severity of these consequences would depend on the specific circumstances and the governing statutes. While this particular interim determination does not specify maximum penalties, breaches of similar regulations could attract penalties as prescribed under the relevant legislative framework.