Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 58, enacted under the Defence Amendment Act 1979, was created to amend the Naval Financial Regulations to reflect changes in allowances for cadet midshipmen and apprentices within the Australian Defence Force. This interim determination was issued by the Minister of State for Administrative Services acting on behalf of the Minister of State for Defence. The primary objective of this legislation is to align the financial regulations with the current allowances provided under the Defence Act 1903, specifically addressing the Trainee Leader’s Allowance as stipulated in Determination 0113. By introducing these amendments, the legislation ensures that the financial provisions for cadet midshipmen and apprentices are updated to reflect current policy and operational requirements within the ADF.

Scope and Application

The Interim Determination under the Defence Amendment Act 1979 applies to amendments of the Naval Financial Regulations, specifically focusing on allowances for cadet midshipmen and apprentices within the naval forces. This legislative instrument affects individuals who are cadet midshipmen and apprentices in the Australian Defence Force, ensuring that their financial regulations are aligned with current Defence policies and determinations. The application is confined to the Commonwealth level, reflecting the federal nature of the Defence Force and the regulations governing it. There are no exclusions, exemptions, or specific thresholds stated within the text, but the regulations themselves may contain such provisions. The scope of the Act is further extended or restricted through subordinate instruments, such as Determination 0113, which governs the Trainee Leader’s Allowance under the Defence Act 1903, thereby temporarily suspending certain allowances for cadet midshipmen and apprentices.

Key Provisions

This Interim Determination under section 12 of the Defence Amendment Act 1979 primarily affects the Naval Financial Regulations by amending Regulation 30 concerning cadet midshipmen’s allowances and Regulation 79B concerning apprentices’ allowances. Specifically, Regulation 30(2) and Regulation 79B(2) are amended to state that these regulations will not have effect while Determination 0113, Trainee Leader’s Allowance made under section 58B of the Defence Act 1903, is in force. This means that the allowances for cadet midshipmen and apprentices will be suspended during the period when the Trainee Leader’s Allowance is operational. Under this legislation, the obligations placed on the relevant parties are to ensure that they do not implement the allowances specified in Regulation 30 and Regulation 79B while Determination 0113 is in effect. This requirement necessitates that those responsible for administering the Naval Financial Regulations must verify the status of Determination 0113 and adjust their practices accordingly. Any payments made in contravention of these provisions could be subject to review and potential recovery. Breach of these provisions does not explicitly outline specific offences, penalties, or civil/criminal consequences within the text of this Interim Determination. However, non-compliance with the Defence Amendment Act 1979 or any related regulations could potentially lead to administrative or legal consequences, depending on the context and the specific breaches involved. It is essential for the parties involved to adhere strictly to the conditions set out in this determination to avoid any potential repercussions.