Naval Forces Regulations (Amendment)

Overview

The Statutory Rules 1982 No. 34, issued under the authority of the Minister for Defence, addresses a gap in the Naval Forces Regulations by amending the provisions concerning War Service Leave for members of the Navy. Enacted by the Parliament of Australia under section 12 of the Defence Amendment Act 1979, these rules were introduced to facilitate the transition from the existing regulation to a new determination, specifically Determination 2606, which was made under section 58B of the Defence Act 1903. This change was necessitated to ensure that the leave provisions are updated and aligned with current legislative standards and policy objectives. The repeal of Regulation 144A is effective from the date Determination 2606 is made, ensuring a smooth and timely update to the existing regulations.

Scope and Application

The Naval Forces Regulations Amendment (War Service Leave) Statutory Rules 1982 amend the Naval Forces Regulations to reflect changes in the provisions governing War Service Leave for members of the Navy. This legislation applies to all individuals who are members of the Royal Australian Navy, including both permanent and reserve personnel. The amendment pertains specifically to the rules governing the grant of War Service Leave, which is a period of leave entitled to Navy members in recognition of their service. The application of these rules is national in scope, aligning with the federal nature of the Defence Act 1903 under which these regulations operate. There are no specific exclusions or exemptions noted in the text, and the regulations are designed to replace existing provisions under the Naval Forces Regulations, particularly Regulation 144A. The changes take effect from the date on which Determination 2606, War Service Leave, is made under section 58B of the Defence Act 1903. This means that the application of the new rules is contingent on the issuance of the determination, and the amendment is intended to be interim until further legislative action is taken.

Key Provisions

The main operative sections of the Statutory Rules 1982 No. 34 revolve around the amendment and repeal of existing regulations within the Naval Forces Regulations. Specifically, Section 1 of the Statutory Rules provides for the repeal of Regulation 144A, which previously governed the grant of War Service Leave to members of the Navy. This repeal takes effect upon the issuance of Determination 2606, War Service Leave, under Section 58B of the Defence Act 1903. The determination itself is not detailed within the Explanatory Statement but serves as the new governing provision for War Service Leave. These Statutory Rules impose specific obligations and requirements on the parties they govern. For instance, they necessitate that the new provisions outlined in Determination 2606 replace the existing Regulation 144A upon its issuance. The parties involved, primarily the Navy members and the Defence Department, must adhere to the new determination for the grant of War Service Leave. This means that any leave entitlements and related procedures must now be in accordance with the new determination, ensuring compliance with the updated statutory framework. In terms of enforcement, the Statutory Rules do not explicitly outline specific offences, penalties, or consequences for breaches. However, the overarching Defence Act 1903 and Defence Amendment Act 1979 provide a legal framework within which breaches can be addressed. Under these acts, any non-compliance with the new provisions could potentially lead to administrative actions or legal consequences, although the exact nature of these consequences would depend on the specifics of the breach and the resultant actions taken by the Defence Department. The Statutory Rules 1982 No. 34, while not detailing specific penalties, rely on the broader legislative framework to manage non-compliance. The Defence Act 1903 and Defence Amendment Act 1979 provide the basis for addressing breaches, which could include administrative sanctions, disciplinary actions, or legal proceedings. The maximum penalties for such breaches would be determined by these overarching acts and the severity of the non-compliance. Thus, while the Statutory Rules themselves do not specify penalties, the broader legal context ensures that there are significant consequences for failing to comply with the updated provisions regarding War Service Leave.