Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 446, issued under the authority of the Minister for Defence, amends the Naval Financial Regulations to address the need for updating certain financial provisions related to the provision of courses and training at the Commonwealth's expense. Enacted in 1984, this amendment follows the authority granted under Section 12 of the Defence Amendment Act 1979, allowing for interim determinations that amend or repeal regulations, which are deemed Statutory Rules. The objective of these changes is to streamline and clarify the financial management of naval training expenses by omitting specific sub-regulations deemed redundant as management expenses, while making a consequential amendment to ensure regulatory coherence. The amendments take effect from the date of notification in the Gazette.

Scope and Application

The Statutory Rules issued under the authority of the Minister for Defence, pursuant to Section 12 of the Defence Amendment Act 1979, amend Regulation 149 of the Naval Financial Regulations to remove certain provisions deemed to be management expenses for which appropriation is made by the Parliament. These changes specifically omit sub-regulations 149(1), (2) and (3), which relate to the provision of certain courses of study and training at the expense of the Commonwealth, and make a consequential amendment to sub-regulation 149(4). The application of these Statutory Rules is confined to the regulation of financial matters within the Australian Defence Force, thereby affecting defence personnel and entities involved in the provision of training and courses as specified. The rules extend across the Commonwealth and are applicable nationally, impacting all personnel and entities within the Australian Defence Force. The scope of these amendments is limited to the financial administration of training and educational expenses, and they do not extend to other areas of defence expenditure or other defence-related activities. The changes are effective from the date of notification in the Gazette.

Key Provisions

The main operative sections of the Statutory Rules 1984 No. 446 (C2004L05530) relate to the amendment of Regulation 149 of the Naval Financial Regulations. Specifically, the Rules omit sub-regulations 149(1), (2) and (3) (paragraph 2) and make a consequential amendment to sub-regulation 149(4) (paragraph 3). These changes are made to align with the legislative authority provided under Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations amending or repealing regulations related to naval financial matters. The purpose of these amendments is to remove provisions considered as management expenses, for which appropriation is made by the Parliament. The obligations and requirements imposed by these Statutory Rules pertain to the management and administration of the courses of study and training funded by the Commonwealth under Regulation 149 of the Naval Financial Regulations. By omitting sub-regulations 149(1), (2), and (3), the Rules effectively shift the responsibility for certain management expenses from the scope of the regulation to the purview of parliamentary appropriation. The consequential amendment to sub-regulation 149(4) ensures that the regulation remains coherent and legally consistent with the removal of the aforementioned sub-regulations. In terms of offences, penalties, or civil/criminal consequences, the Statutory Rules themselves do not explicitly state any specific sanctions for non-compliance. However, any breach of the amended Regulation 149 could potentially lead to administrative or financial repercussions, depending on the nature of the non-compliance. The consequences would largely depend on the specific circumstances of the breach, the extent to which the regulation is contravened, and the policies and procedures in place within the relevant department or agency. It is worth noting that the maximum penalties for breaches of regulations under the Defence Amendment Act 1979 are not specified within these Statutory Rules but would likely be determined by the relevant legislation governing the Defence Force.