Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 338, issued under the authority of the Minister for Defence, address the issue of financial recovery from members of the Australian Defence Force who have taken excess recreation leave and received salary and allowances for it, upon termination of their full-time service. The Defence Amendment Act 1979 authorises the Minister to amend or repeal regulations, which in this instance, relates to Part XIII of the Naval Financial Regulations comprising regulations 246, 250B and 250BA. These regulations have been repealed and replaced by Determination 2609, Liability of Member for Excess Leave on Termination of Service, made under section 58B of the Defence Act 1903. The primary policy objective is to streamline the process for financial recovery by updating the relevant regulations to ensure consistency and efficiency in the enforcement of liability for excess leave among members of the Australian Defence Force.

Scope and Application

The amendment of the Naval Financial Regulations, detailed in Statutory Rules 1984 No. 338, applies to members of the Australian Defence Force who have taken excess recreation leave, received salary and allowances for that leave, and whose termination of full-time service was not due to death. The rules pertain specifically to the financial recovery process by the Commonwealth from such members. Geographically, the application of these regulations is confined to the Commonwealth jurisdiction, affecting members under the purview of the Defence Act 1903. The scope of these rules is limited to financial transactions and conduct related to the recovery of excess leave-related payments from members upon termination of service. Any exclusions or exemptions are determined by the specifics of Determination 2609, which replaces the repealed regulations. The application of these regulations is further extended or restricted as necessary through subordinate instruments, ensuring that the regulations remain relevant and effective in addressing financial liabilities arising from excess leave taken by Defence Force members.

Key Provisions

The key provisions of the Statutory Rules 1984 No. 338 involve the repeal of specific sections of the Naval Financial Regulations, namely regulations 246, 250B, and 250BA. These regulations previously allowed the Commonwealth to recover an amount from a member upon the termination of full-time service, excluding cases of death, if the member had taken excess recreation leave, received salary and allowances for that leave, and the leave did not need to be taken due to the exigencies of the service (Naval Financial Regulations, reg 246, 250B, 250BA). Section 12 of the Defence Amendment Act 1979 empowers the Minister to make interim determinations that amend or repeal regulations, and these interim determinations are deemed to be Statutory Rules (Defence Amendment Act 1979, s 12). The effect of these Statutory Rules is to repeal Part XIII of the Naval Financial Regulations, which comprised regulations 246, 250B, and 250BA, and to replace them with Determination 2609, Liability of Member for Excess Leave on Termination of Service, made under section 58B of the Defence Act 1903. The date of effect for these Statutory Rules is the date on which Determination 2609 is made. The obligations and requirements imposed by the Statutory Rules 1984 No. 338 primarily concern the process by which the Commonwealth can now recover amounts from members upon termination of their service. The repeal of regulations 246, 250B, and 250BA means that the new Determination 2609 must be followed instead. This determination outlines the specific conditions under which a member may be liable for excess leave upon termination of service, ensuring a clear and updated framework for such recoveries. The new regime mandates that any recovery actions taken by the Commonwealth must now align with the provisions of Determination 2609, which may differ in specific details or procedural aspects from the previously repealed regulations. In terms of offences, penalties, or civil/criminal consequences for breach, the Statutory Rules 1984 No. 338 do not explicitly outline any new penalties or consequences. However, any breach of the new Determination 2609 would potentially incur the same penalties as those previously outlined in regulations 250B and 250BA. These could include financial penalties or other forms of recovery actions as deemed appropriate by the Commonwealth. The maximum penalties or consequences would be those applicable under the Defence Act 1903 and any related regulations or determinations. It is important for parties to adhere to the new Determination 2609 to avoid any potential breaches and the associated repercussions. To conclude, the Statutory Rules 1984 No. 338 effectively repeal certain sections of the Naval Financial Regulations and replace them with Determination 2609. This change imposes updated obligations and requirements on both the Commonwealth and the members regarding the recovery of amounts for excess leave upon termination of service. While the Statutory Rules themselves do not introduce new penalties, adherence to Determination 2609 is crucial to avoid any legal consequences under the applicable Defence legislation.