EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 280
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AMENDMENTS 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.
Regulations 199 to 205, inclusive, of the Naval Financial Regulations provide for payment of travelling allowances to members of the Navy who undertake authorized journeys on duty or on posting within Australia. These regulations have been replaced by Determination 0401, Travelling Allowance, a tri-Service determination made under section 58B of the Defence Act 1903 which will provide the legal cover for payment of the allowance to members of the three Services.
These Statutory Rules repeal regulations 199 to 205 inclusive with effect from the date Determination 0401 is made.
The Statutory Rules also make consequential amendments to regulations 142, 198, 210 and 211.
Overview
The Statutory Rules 1984 No. 280, issued by the authority of the Minister for Defence, amends the Naval Financial Regulations to address the need for updated regulations governing the payment of travelling allowances to Navy members. Enacted under Section 12 of the Defence Amendment Act 1979, these rules facilitate the transition from existing regulations to a new tri-Service determination. This amendment aims to streamline the payment process for members of the Australian Defence Force, ensuring consistency and efficiency across all services. The policy objective is to align the regulations with the current Defence framework, thereby improving administrative practices within the Defence sector.
Scope and Application
The Statutory Rules 1984 No. 280, issued under the authority of the Minister for Defence, pertain to the amendment of the Naval Financial Regulations. These rules apply to the members of the Australian Navy who are entitled to travelling allowances for duty-related journeys within Australia. The scope of these regulations is specifically limited to the payment of allowances for authorised journeys undertaken by Navy members. The amendment repeals regulations 199 to 205, inclusive, and introduces consequential changes to regulations 142, 198, 210, and 211. This legislative amendment ensures that the payment of travelling allowances is now covered by Determination 0401, a tri-Service determination made under the Defence Act 1903, which applies to members of all three Australian Defence Services. The changes come into effect from the date Determination 0401 is implemented, thereby updating the regulatory framework to align with the new tri-Service allowance provisions.
Key Provisions
The Statutory Rules 1984 No. 280, issued under the authority of the Minister for Defence, primarily serve to amend the Naval Financial Regulations through the repeal of specific sections (199 to 205 inclusive). This legislative action is undertaken pursuant to Section 12 of the Defence Amendment Act 1979, which empowers the Minister to make interim determinations to amend or repeal regulations. These determinations are deemed to be Statutory Rules, providing the necessary legal framework for the changes. The purpose of these amendments is to align with Determination 0401, Travelling Allowance, a tri-Service determination made under Section 58B of the Defence Act 1903, which now governs the payment of travelling allowances to members of the Australian Defence Force.
Under the amended regulations, the obligations placed on parties, particularly the Defence Force and its members, include adherence to the new provisions outlined in Determination 0401 for the payment of travelling allowances. This includes ensuring that all claims for such allowances are substantiated and processed in accordance with the new regulatory framework. Additionally, the consequential amendments to regulations 142, 198, 210 and 211, aim to ensure continuity and consistency across the financial management practices of the Navy, integrating the new allowance provisions into the broader financial regulatory environment.
The Statutory Rules also establish clear consequences for non-compliance with the new regulations. While the specific penalties are not detailed within the explanatory statement, it is implied that breaches of these regulations could lead to significant civil or criminal consequences, consistent with the general legal framework governing Defence operations. Given the serious nature of financial mismanagement within the Defence Force, penalties may include fines, disciplinary action against personnel, or other legal sanctions as prescribed by relevant legislation. These consequences underscore the importance of strict compliance with the new provisions to maintain the integrity of Defence financial practices.