Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 449, issued under the authority of the Minister for Defence, were enacted to amend the Naval Financial Regulations. This legislative action was undertaken in accordance with section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations that amend or repeal existing regulations. These interim determinations are deemed to be Statutory Rules. The specific problem or gap these rules address is the outdated provisions regarding short-term duty travelling allowance and shipboard allowance, as stipulated in the Naval Financial Regulations 209 and 210, which have now been superseded by Determination 3601, Travelling Allowance, made under section 58b of the Defence Act 1903. The repeal of these regulations is effective from the date of signature of Determination 3601, ensuring that the financial allowances for naval personnel are governed by the most current and relevant legislative framework.

Scope and Application

The Naval Financial Regulations 209 and 210, as amended by Statutory Rules 1984 No. 449, pertain to short-term duty travelling allowance and shipboard allowance for personnel within the Australian Defence Force. These regulations apply to members of the Defence Force, including both regular and reserve personnel, as well as entities and individuals who are subject to the Defence Act 1903. The application of these regulations is limited to the Commonwealth of Australia, aligning with the jurisdictional scope of the Defence Act 1903. Notably, the allowances previously covered by these regulations are now detailed in Determination 3601, Travelling Allowance, which was issued under section 58b of the Defence Act 1903. This amendment consolidates the allowances into a single determination, streamlining the administrative process and ensuring consistency in the application of financial provisions for Defence personnel. The repeal of regulations 209 and 210 takes effect from the date of signature of Determination 3601, indicating a shift towards a more integrated regulatory approach.

Key Provisions

The main operative sections of these Statutory Rules are sections 12 of the Defence Amendment Act 1979 and the provisions of the Naval Financial Regulations 209 and 210. Section 12 of the Defence Amendment Act 1979 allows the Minister for Defence to make interim determinations amending or repealing regulations. This authority is exercised here to amend the Naval Financial Regulations by repealing regulations 209 and 210. These regulations previously provided for short-term duty travelling allowance and shipboard allowance. The amendments deem the interim determinations to be Statutory Rules. The new provisions are now set out in Determination 3601, Travelling Allowance, made under section 58b of the Defence Act 1903. The Act imposes certain obligations on the parties or entities it governs, primarily concerning the transition from the old regulations to the new determination. It requires that the allowances previously governed by regulations 209 and 210 are now to be provided for under Determination 3601. This means that any claims or entitlements relating to short-term duty travelling allowance and shipboard allowance must now be assessed and processed in accordance with the provisions of Determination 3601. The date of effect for these changes is the date of signature of Determination 3601, ensuring that all parties are aware of the transition and can adjust their practices accordingly. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of these Statutory Rules. However, non-compliance with the new determinations could potentially lead to disputes or administrative issues. For example, if claims for allowances are submitted under the old regulations after the repeal date, these claims may not be processed correctly or may be rejected. The primary consequence would be administrative inconvenience and potential delays in the processing of entitlements. It is important for all parties to ensure they are aware of and comply with the new provisions to avoid such issues. In summary, these Statutory Rules amend the Naval Financial Regulations by repealing regulations 209 and 210 and replacing them with Determination 3601. The changes are effective from the date of signature of Determination 3601. While there are no specific penalties outlined in the text, non-compliance could lead to administrative issues and delays in processing allowances. It is crucial for all relevant parties to update their practices and ensure they are adhering to the new determination to avoid any potential complications.