Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 335, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to repeal regulation 90A. Enacted in 1979, the Defence Amendment Act empowered the Minister to make interim determinations that amend or repeal regulations, which are deemed to be Statutory Rules. This particular amendment addresses an overlap in provisions, ensuring that the allowance for dependants of Navy members absent due to illness is appropriately managed under regulation 91 instead. The policy objective is to streamline and clarify the financial support system for Navy members and their dependants during periods of illness.

Scope and Application

The Statutory Rules 1984 No. 335, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations by repealing Regulation 90A. This regulation previously provided for the payment of an allowance for the dependants of a Navy member when their salary was not payable due to absence from duty caused by illness. The repeal is due to the provisions of Regulation 91, which now encompasses the support for such dependants. The amendments apply to all members of the Navy and their dependants, affecting the financial support mechanisms within the Defence force. These Statutory Rules have a jurisdictional reach limited to the Commonwealth of Australia and are effective immediately upon issuance, as deemed under Section 12 of the Defence Amendment Act 1979. The rules do not introduce any new exclusions, exemptions, or thresholds but rather streamline existing provisions to ensure comprehensive and updated support for Navy members and their families.

Key Provisions

The key operative sections of these Statutory Rules (C2004L05519) involve the repeal of regulation 90A of the Naval Financial Regulations, as stipulated under section 12 of the Defence Amendment Act 1979 (section 1). This repeal occurs because members of the Navy who are absent from duty due to illness and are not receiving their salary are now covered under regulation 91 (section 2). The interim determinations made by the Minister under this authority are considered Statutory Rules, which means they have the same legal standing as regulations enacted by Parliament (section 3). The obligations and requirements imposed by these Statutory Rules primarily concern the financial management and support of Navy members who are unable to perform their duties due to illness. Regulation 90A, which is repealed by these rules, previously provided for an allowance for the dependants of such members. Now, the obligations fall under regulation 91, which ensures that the dependants receive the necessary financial support during the member’s absence. This change implies that any procedural requirements previously outlined in regulation 90A are now governed by the provisions in regulation 91. The Statutory Rules do not explicitly detail offences, penalties, or consequences for breach. However, any failure to comply with the provisions of regulation 91, which now covers the allowance for dependants of ill Navy members, could potentially lead to legal action or administrative consequences. Since the repealed regulation 90A did not specify penalties, it can be inferred that any breaches of the new obligations under regulation 91 would be subject to the general provisions of the Naval Financial Regulations or other relevant Defence legislation, though specific penalties are not stated in these rules.