Naval Financial Regulations (Repeal) 1996 No. 180
EXPLANATORY STATEMENT STATUTORY RULES 1996 No. 180
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Naval Defence Act 1910
Naval Financial Regulations (Repeal)
Tie Naval Financial Regulations (the Principal Regulations), made under the Naval Defence Act 1910, had the primary purpose of providing for certain Navy financial conditions of service. Most of the provisions formerly contained in the Principal Regulations had been repealed progressively as they were replaced by other legislation of tri-service application, particularly determinations made under Part IIIA of the Defence Act. A small number of operative provisions remained.
Provisions dealing with married quarters and medical and dental treatment are being replaced by new provisions in the Defence Force Regulations, made under the Defence Act 1903. A provision dealing with Mess debts is being replaced by an amendment to the Naval Forces Regulations, made under the Naval Defence Act. The remaining provisions in the Principal Regulations cover matters which are dealt with in other legislation, are more appropriately dealt with in administrative instructions, or are no longer required. For example, regulations 133 (Overpayment during prior service in another arm of the Defence Force) and 300 (Incorrect credits and overdrawn pay account) are adequately dealt with by the Audit Act and Finance Directions, regulation 240B (Reimbursement of part of fare of child of member travelling overseas) is dealt with in a determination under section 58B of the Defence Act, regulations 149 (Courses of study) and 295 (Uniforms) can be covered by administrative instruction, and regulation 122A covers an allowance which is no longer payable.
The Statutory Rule repeals the Principal Regulations.
The Statutory Rule comes into operation on 1 December 1996.
Overview
The Naval Financial Regulations (Repeal) 1996 No. 180 was enacted to repeal the Naval Financial Regulations, originally made under the Naval Defence Act 1910. The primary purpose of these regulations was to provide for certain financial conditions of service within the Navy. Over time, many of these regulations were repealed as they were superseded by other legislation applicable to all three branches of the Australian Defence Force, particularly under the Defence Act. The remaining operative provisions were either replaced by new provisions in other regulations, covered by administrative instructions, or rendered obsolete due to changes in policy or operational requirements. For example, provisions dealing with married quarters and medical and dental treatment were replaced by provisions in the Defence Force Regulations under the Defence Act 1903, while a provision concerning Mess debts was replaced by an amendment to the Naval Forces Regulations under the Naval Defence Act.
The repeal of these regulations was issued under the authority of the Minister for Defence Industry, Science and Personnel. The policy objective was to streamline and modernise the financial regulations governing the Navy, ensuring that they are consistent with current legislative frameworks and administrative practices. The Statutory Rule came into effect on 1 December 1996, marking the formal repeal of the outdated Naval Financial Regulations and their replacement with more contemporary provisions.
Scope and Application
The Naval Financial Regulations (Repeal) 1996 No. 180 applies to the repeal of the Naval Financial Regulations made under the Naval Defence Act 1910. These regulations previously outlined financial conditions of service for the Navy, but most have been repealed as they were replaced by other tri-service legislation, particularly under the Defence Act. The remaining provisions that are still operative, such as those dealing with married quarters, medical and dental treatment, and mess debts, are being replaced by new provisions in the Defence Force Regulations and Naval Forces Regulations. This repeal is intended to streamline and modernise the financial regulations applicable to Navy personnel by aligning them more closely with contemporary legislation and administrative practices. The repeal does not apply to provisions that have been specifically replaced by other legislation or administrative instructions, nor to those that are no longer required. The repeal is set to come into effect on 1 December 1996.
Key Provisions
The main operative sections of the Naval Financial Regulations (Repeal) 1996 No. 180 (the Repeal) are those that specify the repeal of the Naval Financial Regulations (the Principal Regulations) made under the Naval Defence Act 1910. These regulations had provided for certain financial conditions of service within the Navy, and while many of their provisions have been repealed or replaced over time, some remained in effect until the Repeal. Section 3 of the Repeal provides that the Principal Regulations are repealed to the extent set out in Schedule 1. This means that the specific provisions outlined in the schedule are no longer in force.
The obligations and requirements of the Repeal are primarily concerned with the formal repeal of the Principal Regulations. This involves ensuring that any financial provisions previously governed by the Principal Regulations are now superseded by other legislation or administrative instructions. For example, provisions dealing with married quarters, medical and dental treatment, and mess debts have been replaced by new provisions in the Defence Force Regulations and Naval Forces Regulations. Additionally, certain financial matters such as overpayments and reimbursements are now governed by other acts like the Audit Act and Finance Directions, or by determinations under the Defence Act. The repeal also addresses provisions that are no longer relevant, such as those concerning obsolete allowances or redundant administrative instructions.
The Repeal itself does not impose any new obligations or requirements on parties or entities; rather, it shifts the responsibility for financial conditions of service from the Principal Regulations to other applicable legislation and administrative frameworks. This ensures that the updated and more comprehensive provisions are applied, maintaining consistency across the Defence Force.
In terms of consequences for breach, the Repeal does not introduce new offences or penalties. The primary effect of the Repeal is the removal of certain regulatory provisions, meaning that any obligations previously governed by the Principal Regulations are now superseded by other legislative or administrative measures. Therefore, any failure to comply with the new governing provisions would be subject to the penalties or consequences outlined in the respective new legislation or administrative instructions. For instance, breaches of the Audit Act or Finance Directions would be dealt with under those specific acts, with penalties as prescribed therein.