EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 178
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS
Section 12 of the Defence Amendment Act 1979 allows the Minister to make interim determinations amending or repealing regulations. The Act also deems such interim determinations to be Statutory Rules.
Naval Financial Regulation 122A provides for the payment of Chaplains’ Equipment Allowance to cover the purchase and maintenance of ecclesiastical equipment and clothing.
These items are to be provided through the Service supply system from 1 September 1984 and, therefore, Chaplains’ Equipment Allowance will no longer be payable.
These Statutory Rules amend Regulation 122A to cease its effect on and after 1 September 1984.
Overview
The Statutory Rules 1984 No. 178, issued by the authority of the Minister for Defence, address a specific issue arising from the Defence Amendment Act 1979. This piece of legislation amends the Naval Financial Regulations to adjust the provisions regarding Chaplains’ Equipment Allowance, which was intended to cover the purchase and maintenance of ecclesiastical equipment and clothing for chaplains. In light of changes that would see these items provided through the Service supply system from 1 September 1984, the allowance is no longer necessary. The policy objective here is to ensure that the regulations remain aligned with operational changes, thereby maintaining the efficiency and relevance of the Defence Force's financial provisions. By ceasing the allowance, the legislation seeks to avoid unnecessary expenditures and streamline the supply chain for ecclesiastical items within the Defence Force.
Scope and Application
The Naval Financial Regulations Amendment (No. 1) 1984, issued under the authority of the Minister for Defence, pertains to the amendment of the Naval Financial Regulations, specifically addressing the payment of Chaplains’ Equipment Allowance. This allowance, which previously covered the purchase and maintenance of ecclesiastical equipment and clothing for chaplains, is set to be discontinued effective from 1 September 1984. Consequently, Regulation 122A is amended to cease its effect from this date. The regulation applies to chaplains within the naval forces who previously received this allowance. The change in supply system, where ecclesiastical items will now be provided through the Service supply system, necessitates this amendment. The amendment applies nationally, reflecting the uniform policy across the naval forces of Australia. There are no stated exclusions, exemptions, or thresholds within the scope of this amendment, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
The main operative sections of the Statutory Rules 1984 No. 178, issued by the authority of the Minister for Defence, pertain to the amendment of the Naval Financial Regulations. Specifically, section 12 of the Defence Amendment Act 1979 permits the Minister to make interim determinations that amend or repeal regulations. This authority is exercised to modify Regulation 122A, which originally provided for the payment of Chaplains’ Equipment Allowance (section 122A). This allowance was intended to cover the purchase and maintenance of ecclesiastical equipment and clothing for chaplains. However, effective from 1 September 1984, these items are to be provided through the Service supply system, and thus the allowance will cease to be payable from that date.
The obligations and requirements imposed by these Statutory Rules primarily involve the cessation of the Chaplains’ Equipment Allowance. From 1 September 1984, the allowance that was previously used to cover the purchase and maintenance of ecclesiastical equipment and clothing for chaplains will no longer be applicable. Instead, these items must now be sourced through the Service supply system, marking a significant administrative change for the provision of such equipment and clothing. The regulation clearly specifies that the allowance will cease to have any effect as of the aforementioned date, thereby ensuring that all parties involved are aware of the change and can adjust their practices accordingly.
The Statutory Rules also include provisions for the enforcement of the changes brought about by the amendment. While the rules themselves do not explicitly state any offences or penalties for non-compliance, it is understood that any breach of Defence regulations, including the cessation of the Chaplains’ Equipment Allowance, could lead to disciplinary actions or other consequences under the broader Defence framework. The Defence Force Discipline Act 1982 and other related legislation might provide further guidance on the potential penalties and consequences for non-compliance, which could include both administrative and legal repercussions depending on the severity of the breach.
In summary, Statutory Rules 1984 No. 178 amend Regulation 122A to discontinue the Chaplains’ Equipment Allowance, effective from 1 September 1984. This amendment imposes a clear obligation on all relevant parties to cease reliance on the allowance and to instead procure ecclesiastical equipment and clothing through the Service supply system. Although the rules do not explicitly detail penalties, any failure to comply with the amended regulations could result in serious consequences under Defence-related laws.