EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 18
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations (“the Regulations”), made under the Naval Defence Act 1910, prescribe various matters relating to the organization and administration of the Navy.
Background
Regulations 52, 52A and 53 made provision for officers of the Navy to be appointed as Aides-de-Camp etc to the Governor-General and to State Governors.
These regulations were inadequate in many respects, and there had been significant practical difficulties in operating under them. A review of the regulations concluded that they were not legally necessary, and that the appointments concerned can be dealt with by administrative action. It will be sufficient if rules governing these appointments and the procedures to be followed are set out in Defence Instructions (General) issued under section 9A of the Defence Act 1903. The Attorney-General’s Department has agreed with this assessment.
Naval Forces Regulations (Amendment)
Regulation 1 of the Statutory Rule defines the expression “Principal Regulations” for the purposes of the Statutory Rule.
Regulations 2, 3 and 4 repeal regulations 52, 52A and 53.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Naval Forces Regulations (Amendment) Statutory Rules 1987 No. 18, issued by the authority of the Minister for Defence, were enacted to address deficiencies in the existing Naval Forces Regulations made under the Naval Defence Act 1910. These regulations previously governed the appointment of officers of the Navy as Aides-de-Camp to the Governor-General and to State Governors, but were found to be inadequate and impractical. The problem was that the existing regulations were legally unnecessary, and the appointments could be adequately managed through administrative action and Defence Instructions (General) issued under section 9A of the Defence Act 1903. The policy objective behind this amendment is to streamline the administrative process for such appointments, making it more efficient and legally sound.
The Statutory Rules 1987 No. 18 came into effect on the date of gazettal, repealing regulations 52, 52A and 53 of the Principal Regulations. This amendment was supported by the Attorney-General’s Department, which concurred with the assessment that the previous regulations were redundant and that the new administrative approach would suffice. The changes aim to ensure that the procedures for appointing Aides-de-Camp are clear, effective, and in line with current administrative practices.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rules 1987 No. 18 applies to the amendments of the Naval Forces Regulations, which are made under the Naval Defence Act 1910. This legislation primarily affects officers of the Navy who were previously appointed as Aides-de-Camp to the Governor-General and to State Governors under the repealed regulations 52, 52A, and 53. The scope of this amendment removes the legal necessity for these specific appointments by integrating the necessary rules and procedures into Defence Instructions (General) issued under section 9A of the Defence Act 1903. This change streamlines the administrative process, ensuring that the appointments can be handled more efficiently through internal Defence mechanisms. The amendment operates on a Commonwealth level, as it concerns the Australian Defence Force and its regulations. There are no stated exclusions or thresholds in the provided text, and the amendment comes into effect on the date of its gazettal.
Key Provisions
The Naval Forces Regulations (Amendment) Statutory Rules 1987 No. 18, issued under the authority of the Minister for Defence, primarily focus on amending specific provisions of the Naval Forces Regulations made under the Naval Defence Act 1910. The amendments aim to address deficiencies and practical difficulties experienced under the existing regulations regarding the appointment of officers as Aides-de-Camp to the Governor-General and State Governors (Regulations 52, 52A, and 53). These regulations, which were deemed inadequate and no longer legally necessary, are repealed to streamline the process through Defence Instructions (Regulation 1 and Regulations 2, 3, 4).
Under the amended legislation, the specific obligations and requirements that were previously outlined in the repealed regulations are now to be governed by administrative actions and Defence Instructions (section 9A of the Defence Act 1903). This shift ensures that the process for appointing officers as Aides-de-Camp to the Governor-General and State Governors is adequately addressed through Defence Instructions, which will detail the rules and procedures necessary for these appointments. This change was confirmed by the Attorney-General’s Department, aligning with the assessment that the repealed regulations were not essential.
Regarding the consequences of non-compliance, the Statutory Rules do not explicitly state any offences or penalties for breaching the new administrative requirements or Defence Instructions. However, any failure to adhere to the Defence Instructions could potentially lead to administrative or disciplinary actions under the Defence Act 1903, as these instructions are integral to the proper functioning of the Navy. The repealed regulations did not carry specific penalties, and the new framework does not introduce additional penalties within the scope of the Statutory Rules.