Naval Financial Regulations (Amendment)

Overview

The Statutory Rules 1984 No. 237, issued under the authority of the Minister for Defence, amend the Naval Financial Regulations to address gaps in the current regulatory framework concerning the payment of gratuities and annuities to Navy members awarded certain decorations or entitled to specific awards. Enacted by the relevant legislature, these rules seek to streamline and modernise the payment processes by repealing existing regulations (134, 135, 135A, 135B, and 135C) that have been superseded by the new Determination 0713, Special Gratuities and Annuities for Honours and Awards, made under section 58B of the Defence Act 1903. The policy objective is to ensure a coherent and up-to-date regulatory environment that accurately reflects current practices and legislative intent, effective from the date Determination 0713 is made.

Scope and Application

The Naval Financial Regulations Amendment (No. 1) Statutory Rules 2004 (C2004L05513) apply to members of the Australian Navy who have been awarded certain decorations or have become entitled to specific awards. These regulations, issued under the authority of the Minister for Defence, modify the existing provisions concerning the payment of gratuities and annuities, as outlined in regulations 134, 135, 135A, 135B, and 135C of the Naval Financial Regulations. The changes are implemented in response to Determination 0713, Special Gratuities and Annuities for Honours and Awards, made under section 58B of the Defence Act 1903. This determination effectively replaces the repealed regulations and the date of effect is when Determination 0713 is enacted. The application of these rules is confined to the Commonwealth jurisdiction, focusing on the financial entitlements of Navy members within this scope.

Key Provisions

The main operative sections of these Statutory Rules concern the repeal of regulations 134, 135, 135A, 135B, and 135C of the Naval Financial Regulations. These regulations previously governed the payment of gratuities or annuities to Navy members who had been awarded certain decorations or were entitled to certain awards (s.2). This repeal is made in accordance with Section 12 of the Defence Amendment Act 1979, which allows the Minister to make interim determinations that amend or repeal regulations (s.3). These interim determinations are deemed to be Statutory Rules under the Act (s.3). The regulations have been replaced by Determination 0713, Special Gratuities and Annuities for Honours and Awards, made under section 58B of the Defence Act 1903 (s.4). The Act imposes certain obligations on the relevant parties, primarily the Minister for Defence. The Minister is required to make interim determinations that align with the provisions of the Defence Amendment Act 1979 (s.3). These determinations must effectively replace the repealed regulations with Determination 0713, ensuring that the payment of gratuities or annuities to Navy members continues in accordance with the new determination (s.4). Furthermore, the Minister must ensure that the date of effect of these Statutory Rules corresponds with the date Determination 0713 is made, to maintain continuity in the administration of these payments (s.4). There are no explicit offences, penalties, or consequences for breach stated within these Statutory Rules. However, the overarching Defence Act 1903 and Defence Amendment Act 1979 likely provide mechanisms for enforcement and compliance. Any breach of the obligations imposed by these Acts could result in civil or criminal consequences as stipulated in those Acts. The exact penalties for non-compliance would depend on the nature of the breach and would be subject to the relevant sections of the Defence Act 1903 and Defence Amendment Act 1979. It is essential for the Minister and other relevant parties to adhere to the statutory requirements to avoid any potential repercussions.