EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 376
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations (“the Regulations”) made under the Naval Defence Act 1910 prescribe various matters relating to the organisation and administration of the Navy.
The Defence Legislation Amendment Act 1990 (“the Amending Act”) includes amendments to the Defence Act and Naval Defence Act which remove inappropriate restrictions on the Chief of the Defence Force’s command power. These restrictions, which are not in line with the current arrangements for the command of the Defence Force, oblige the Chief of the Defence Force to implement single service appointments and organisational arrangements through the single service chiefs of staff. Command appointments and organisational arrangements will now be dealt with under the general command power vested in the Chief of the Defence Force and separate service chiefs of staff by subsection 9(2) of the Defence Act.
The changes made by the Amending Act in relation to command powers cannot be proclaimed to commence until associated amendments are made to various regulations under Defence legislation. The Statutory Rule makes the necessary amendments to the Regulations.
Division 3 of Part I of the Regulations contained one provision, regulation 12. This provision empowered the Chief of Naval Staff to determine establishments and ranks for positions on those establishments, and was included in the Regulations for the purposes of section 23 of the Naval Defence Act. Section 23 is one of the provisions repealed by the Amending Act. The Statutory Rule therefore repeals Division 3 of Part I, which is also unnecessary because of the command power in subsection 9(2) of the Defence Act.
The Statutory Rule comes into operation on 15 December 1990 (the date of commencement of the related Amending Act provisions).
S.R. 360/90