Naval Forces Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 178 is an interim determination made under the Defence Amendment Act 1979, specifically enacted by the Minister of State for Defence, D. J. Killen, on 24 June 1980. This legislative instrument was introduced to temporarily modify certain regulations within the Naval Forces Regulations to accommodate the provisions of specific determinations concerning leave entitlements for Defence Force members. The Interim Determination serves to align the Naval Forces Regulations with the operational requirements and policy directions outlined in the Defence Act 1903, ensuring a coherent framework for the administration of leave provisions during the period of the interim measures. The enactment of Statutory Rules 1980 No. 178 by the Minister under the authority granted by the Defence Amendment Act 1979 aims to address the need for immediate adjustments to existing regulations to support the effective implementation of leave-related determinations. This legislative instrument, therefore, facilitates a streamlined process for managing leave entitlements within the Naval Forces, reflecting the overarching policy objective of maintaining operational efficiency and compliance with Defence legislation.

Scope and Application

The Interim Determination under section 12 of the Defence Amendment Act 1979, made by the Minister of State for Defence, primarily applies to the Naval Forces Regulations, which are amended to exclude certain regulations from having effect while specific provisions of the Determination are in force. This legislative instrument impacts personnel and entities within the naval forces by altering the scope of regulations governing aspects such as recreation leave, leave for members under training, and leave for special purposes. The amendments are designed to operate under the jurisdiction of the Commonwealth of Australia, ensuring that these regulatory changes are enforced nationally. The exclusions outlined in the Determination are specifically linked to particular provisions of the Defence Act 1903, indicating a targeted adjustment to leave regulations without altering the broader legal framework.

Key Provisions

The main operative sections of the Interim Determination under the Defence Amendment Act 1979 include the insertion of a new regulation 148 in the Naval Forces Regulations, which specifies that certain regulations will not have effect while the Determination or provision of a Determination specified in column 2 of the table is in force (Regulation 2). This amendment directly affects regulations 138, 139, 140, 144(1)(b), 144(1)(c), 138A, and clauses 6, 7, 8, and 9 of regulation 144(1)(a), as they are listed in the table. The relevant Determinations under the Defence Act 1903 that correspond to these regulations include Determination 2601, Recreation Leave, Determination 2602, Leave for Members Under Training, and clauses 6, 7, 8, and 9 of Determination 2603, Leave for Special Purposes. The Interim Determination imposes obligations on the parties governed by the amended Naval Forces Regulations to adhere to the provisions outlined in Determinations 2601, 2602, and 2603 under the Defence Act 1903. Specifically, it requires these parties to comply with the provisions of these determinations in lieu of the regulations that are rendered ineffective by this amendment. This means that any actions or decisions related to recreation leave, leave for members under training, and leave for special purposes must be governed by the terms of the respective determinations during the period of this Interim Determination. There are no specific offences, penalties, or civil/criminal consequences outlined within the Interim Determination itself. However, any breach of the provisions of the Defence Act 1903 or the amended Naval Forces Regulations could lead to penalties as stipulated elsewhere in the Defence Act 1903 or the relevant Defence Force Discipline Regulations. For instance, breaches of Defence Force Discipline Regulations may result in penalties such as fines, imprisonment, or other disciplinary actions as prescribed by the regulations. The exact penalties would depend on the nature and severity of the breach, as well as the specific regulations that apply.