EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 49
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 provides that the Minister may make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Regulations 18, 21, 31, 31A, 38 and 128 of the Naval Financial Regulations cover, respectively, Command Money, Entertaining Allowance, salary of a sailor holding the rank of Leading Seaman or a lower rank, salary of a sailor holding the rank of Petty Officer or a higher rank, good conduct increments and reduction to the second class for conduct.
The Committee of Reference for Defence Force Pay in a report dated 4 November 1981 recommended the restructure of, and increases in, salaries for certain members of the Defence Force. The Committee’s recommendations were approved by the Government on 15 December 1981.
As a consequence, these Statutory Rules repeal regulations 18 and 38; omit a reference to regulation 18 from regulation 21; and amend regulation 31 by omitting reference to Part I of Schedule 7 of the Defence Force (Salaries) Regulations and updating references to the Committee’s reports.
Minor amendments are made to regulation 31A to omit a sub-regulation whose provisions are now contained in other legislation; and regulation 128 to tidy up the text and omit reference to a repealed regulation.
The date of effect of the amendment to regulation 31 to omit reference to Part I of Schedule 7 of the Defence Force (Salaries) Regulations is 5 November 1981.
Overview
The Statutory Rules 1982 No. 49, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to implement changes recommended by the Committee of Reference for Defence Force Pay. Enacted in 1982, these amendments address the need to restructure and increase salaries for certain members of the Defence Force, as recommended by the Committee and subsequently approved by the Government on 15 December 1981. This legislative action seeks to ensure that the financial regulations governing the Defence Force are aligned with the latest recommendations and approved adjustments. The policy objective is to provide updated and fair remuneration structures for Defence Force personnel, reflecting the recommendations aimed at improving their financial conditions.
Scope and Application
The Statutory Rules 1982 No. 49, issued under the authority of the Minister for Defence, pertains to specific amendments and repeals of the Naval Financial Regulations. These changes are made pursuant to Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations. The regulations impacted include those concerning Command Money, Entertaining Allowance, salaries of sailors at different ranks, good conduct increments, and reductions to the second class for conduct. This Act applies to members of the Defence Force, specifically those involved in financial and salary matters within the Navy. The amendments have a national reach, as they concern federal regulations governing the Defence Force. There are no specific exclusions or thresholds mentioned in the explanatory statement, and the application of the Act extends to the precise sections of the Naval Financial Regulations as outlined. Subordinate instruments may further specify or refine the application of these changes, though the explanatory statement does not detail any such extensions or restrictions.
Key Provisions
The Statutory Rules issued under the authority of the Minister for Defence primarily amend and repeal certain regulations under the Naval Financial Regulations. Specifically, the regulations affected include those governing Command Money, Entertaining Allowance, salaries of sailors, good conduct increments, and reductions to the second class for conduct. Regulation 18, which pertains to Command Money, and regulation 38, which deals with good conduct increments, are repealed. Additionally, regulation 21 is amended by omitting a reference to regulation 18, and regulation 31 is modified by removing references to Part I of Schedule 7 of the Defence Force (Salaries) Regulations and updating references to the Committee’s reports. Regulation 31A is also amended to remove a sub-regulation whose provisions are now covered elsewhere, and regulation 128 is tidied up to omit a reference to a repealed regulation. These changes follow the recommendations of the Committee of Reference for Defence Force Pay, approved by the Government on 15 December 1981.
These amendments impose specific obligations on the Defence Force and its members. The repeal of regulations 18 and 38 and the amendments to other regulations mean that the Defence Force must now adhere to the updated provisions for salaries and allowances. This includes ensuring that payments and increments are calculated according to the new standards set forth in the amended regulations. Furthermore, any personnel affected by these changes must be informed and trained on the new processes and criteria for allowances and salaries. The Defence Force is also obligated to maintain accurate records and documentation in compliance with these revised regulations.
For breaches of these regulations, the consequences can vary. While the Statutory Rules themselves do not explicitly state penalties, the Defence Force and its members can face disciplinary actions under other Defence Force regulations and policies. Incorrect application of these financial regulations could lead to financial discrepancies, which might result in audits, investigations, and potential disciplinary measures against those responsible. In severe cases, misconduct or deliberate violations could result in criminal charges, particularly if fraud or significant mismanagement of funds is involved. However, specific penalties for such breaches are not detailed within these Statutory Rules but would be governed by the broader Defence Force disciplinary and criminal codes.