Naval Financial Regulations (Amendment)

Legislation au C1965L00046 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 46.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1964.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1964.

Dated this eighth day of April, 1965.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

F. CHANEY

Minister of State for the Navy.

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Amendments of the Naval Financial Regulations.†

Marriage allowance.

1. Regulation 80 of the Naval Financial Regulations is amended—

(a) by adding at the end of paragraph (c) of sub-regulation (3.) the words “or sums are being paid in satisfaction of the court order in pursuance of a direction in force under regulation 88a of these Regulations,”; and

(b) by adding at the end of paragraph (d) of sub-regulation (5.) the words “or sums are being paid in satisfaction of the court order in pursuance of a direction in force under regulation 88a of these Regulations”.

2. After regulation 88 of the Naval Financial Regulations the following regulation is inserted:—

Compulsory deduction to satisfy maintenance order.

“88a.—(1.) Where the Minister is satisfied, after due investigation and the production of such evidence as the Minister requires by the person or by one of the persons in whose favour a maintenance order referred to in this regulation was made—

(a) that a maintenance order is in force against a member;

(b) that the member is not complying with the terms of the maintenance order and, where the maintenance order provides for the payment of money for or towards the maintenance of another person, has failed to make any other arrangements that the Minister considers to be adequate for the maintenance of that person; and

(c) that it is not reasonably practicable for the person or persons in whose favour the maintenance order was made to enforce the maintenance order against the member because of the nature of the member’s service.

 

* Notified In the Commonwealth Gazette on 22 April, 1965.

† Statutory Rules 1956, No. 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No. 53; 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962, Nos. 10, 19, 22, 32, 86, 96 and 107; 1963, Nos. 12, 18, 54, 61, 72, 88, 94 and 122; and 1964, Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168.

95/63.––Price 6D. 10/21.1.1965.


the Minister may, by instrument in writing, direct that such reasonable sums as the Minister specifies in the instrument be deducted from the active pay and allowances that are or become due to the member in respect of his service and paid, in accordance with the terms of the maintenance order in force against the member, to or for the benefit of the person or persons in whose favour the maintenance order was made.

“(2.) The Minister may, by instrument in writing, vary or revoke a direction given under this regulation or suspend the operation of such a direction for such time as is specified in the instrument.

“(3.) Where a maintenance order in force against a member provides for the payment of sums of money periodically or by instalments, the Minister shall not, under this regulation, direct the deduction from the active pay and allowances payable to the member in respect of a pay period of a sum exceeding the sum that the member is required to pay in respect of that pay period under the maintenance order.

“(4.) Where a maintenance order in force against a member provides for the payment of money in a lump sum, the Minister shall not, under this regulation, direct the deduction from the active pay and allowances payable to the member in respect of a pay period of a sum exceeding one-half of the active pay payable to the member in respect of that pay period.

“(5.) In this regulation, ‘maintenance order’ means an order made by, registered in, or confirmed by, a court in Australia, being an order whereby a person is ordered to pay money, whether in a lump sum or by instalments, or to pay sums of money periodically—

(a) for or towards the maintenance of another person or for or towards the expenses attendant upon a woman’s confinement; or

(b) by way of recoupment of moneys spent in, or provided for, the maintenance of another person or by way of recoupment of the expenses attendant upon a woman’s confinement.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1965 No. 46, enacted on 8 April 1965, are Regulations under the Naval Defence Act 1910-1964. They were introduced by the Governor-General in Council, following advice from the Minister of State for the Navy. These regulations aim to amend the existing Naval Financial Regulations to address the practical challenges faced by individuals seeking to enforce maintenance orders against members of the naval forces. The regulations establish a mechanism for the compulsory deduction of maintenance payments from a naval member's pay when the member is not complying with the terms of the maintenance order, and it is not reasonably practicable for the order to be enforced through conventional means due to the member's service obligations. The policy objective is to ensure that maintenance obligations are met, providing a solution for the enforcement of court orders against naval members in a manner that considers the unique circumstances of their service.

Scope and Application

These Regulations, made under the Naval Defence Act 1910-1964, apply to members of the Australian Defence Force, specifically those who are subject to maintenance orders as defined under the regulation. The geographic scope of these regulations is national, as they pertain to orders made by, registered in, or confirmed by a court in Australia. These Regulations introduce provisions for the compulsory deduction of sums from the active pay and allowances of members who are not complying with maintenance orders. The application of these Regulations is restricted to circumstances where it is not reasonably practicable for the person or persons in whose favour the maintenance order was made to enforce the maintenance order against the member due to the nature of the member's service. Furthermore, the Regulations outline the specific conditions under which sums can be deducted, such as not exceeding the sum required to be paid under the maintenance order for periodic payments or not exceeding one-half of the active pay for lump sum payments.

Key Provisions

The key provisions of these Regulations, under the Naval Defence Act 1910-1964, pertain primarily to the amendment of the Naval Financial Regulations (1.1) and the introduction of a new regulation, 88a (1.2). Regulation 80 is amended to include deductions for sums paid in satisfaction of a court order under the new regulation 88a (1.1(a) and (b)). Regulation 88a itself provides the Minister with the authority to direct deductions from a member’s pay if certain conditions are met: the existence of a maintenance order against the member (1.2(1)(a)), the member's non-compliance with the order (1.2(1)(b)), and the impracticality of enforcement due to the member’s service (1.2(1)(c)). The sums deducted must adhere to the terms of the maintenance order, with specific limits for periodic or lump sum payments (1.2(3) and (4)). Under these Regulations, the obligations imposed on the Minister include conducting a due investigation and requiring evidence from the person or persons in whose favour the maintenance order was made (1.2(1)). The Minister must then determine if the conditions for compulsory deductions are satisfied. The Regulations also require the Minister to issue a written instrument directing the deductions and specifying the sums to be deducted, as well as providing for the variation, revocation, or suspension of such directions (1.2(2)). The member’s pay and allowances are subject to these deductions in accordance with the maintenance order (1.1(a) and (b)). Breach of these Regulations or failure to comply with the Minister's directions does not explicitly state any specific offences, penalties, or consequences in the text provided. However, non-compliance with maintenance orders enforced through these regulations could potentially lead to civil or criminal consequences under the laws governing maintenance orders. The Regulations themselves focus on the administrative and procedural aspects of enforcing maintenance orders through deductions from a member’s pay.

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