Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 179, enacted on 24 June 1980, constitute an Interim Determination made by the Minister of State for Defence, D. J. Killen, under section 12 of the Defence Amendment Act 1979. This legislative instrument was introduced to amend the Naval Financial Regulations and specifically addresses the calculation of pay in lieu of leave for members of the defence force. The Interim Determination adjusts Regulation 250A to redefine the term "leave" and includes an additional two days of credit for each five-day period of leave, effective from 1 July 1980. The policy objective behind these amendments is to ensure that the financial regulations accurately reflect the changes in leave entitlements, thereby providing a fair and updated compensation structure for service members.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to the Naval Financial Regulations, specifically regulating the financial aspects of leave for members of the Australian Defence Force. This legislation pertains to service members who commence their service on or after 1 July 1980, encompassing all individuals employed in the naval branch of the defence force. The scope of this interim legislation is confined to adjustments within the Naval Financial Regulations, particularly altering the definition of 'leave' and modifying the calculation of leave credits. It does not extend to other branches of the Defence Force or to civilians employed by the Defence Department. The application of these regulations is national in scope, reflecting the federal nature of the Defence Force. While the interim determination provides specific modifications, further amendments and interpretations can be introduced through subordinate instruments, allowing for adjustments as necessary to align with evolving defence policies and operational requirements.

Key Provisions

The main operative sections of this Interim Determination amend Regulation 250A of the Naval Financial Regulations, which concerns pay in lieu of leave. Specifically, sub-regulation (1) is omitted and replaced to define 'leave' as leave under Determination 2601, Recreation Leave, made under section 58B of the Defence Act 1903. Additionally, sub-regulation (3) is amended to include an additional 2 days of leave credit for every 5 days of leave. These changes apply to service by a member on or after 1 July 1980. The obligations and requirements imposed by this Interim Determination primarily affect the calculation of leave credits for members of the naval service. By amending the definition of 'leave' in sub-regulation (1), the Interim Determination ensures that the leave credits are calculated based on the updated definition. Furthermore, the addition of 2 days of leave credit for every 5 days of leave, as stated in sub-regulation (3), introduces a new method of calculating these credits, which must be adhered to for service starting from 1 July 1980. While the Interim Determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is clear that adherence to the amended regulations is mandatory for all members of the naval service from the effective date of 1 July 1980. Failure to comply with these regulations could potentially result in disputes regarding leave credits and entitlements, which might be subject to review or adjudication under the Defence Act 1903 and other relevant provisions. Given the nature of the amendments, the primary consequence of non-compliance would likely be financial discrepancies or disputes concerning leave credits rather than criminal or civil penalties.