Naval Forces Repeal Regulations 2002 2002 No. 280
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 280
Naval Defence Act 1910
Naval Forces Repeal Regulations 2002
Issued by the authority of the Minister for Veterans' Affairs
Subsection 45 (1) of the Naval Defence Act 1910 provides that the Governor-General may make regulations, prescribing all matters which are required or necessary or convenient, for securing the good government of the Navy, or for carrying out or giving effect to this Act.
This Statutory Rule forms part of a package which consolidates the existing regulations relating to personnel matters contained in service specific regulations, as well as some former provisions of the Defence Act 1903 and the Naval Defence Act 1910 into a single consolidated set of tri-service regulations contained in the Defence (Personnel) Regulations 2002 (the Principal Regulations). The Principal Regulations were made in an interim form in March 2002. However, the Defence (Personnel) Amendment Regulations 2002, which form part of this package of regulation changes, have consolidated all of these personnel provisions into the one Statutory Rule.
The purpose of the Statutory Rule is to repeal the Naval Forces Regulations 1935, as the Defence (Personnel) Regulations 2002 now embody the subject matter of the repealed regulations.
Regulation 1 names the Regulations as the Naval Forces Repeal Regulations 2002.
Regulation 2 provides that the Regulations commence on 1 December 2002.
Regulation 3 repeals the Naval Forces Regulations 1935.
Overview
The Naval Forces Repeal Regulations 2002 were enacted to address the need for a consolidated set of regulations governing personnel matters within the Navy, superseding the existing Naval Forces Regulations 1935. This reform was carried out under the authority of the Minister for Veterans' Affairs and was issued in accordance with subsection 45(1) of the Naval Defence Act 1910. The regulations form part of a broader package that aims to integrate personnel provisions from various service-specific regulations and prior acts, such as the Defence Act 1903 and the Naval Defence Act 1910, into the Defence (Personnel) Regulations 2002. By consolidating these regulations, the legislation seeks to streamline and modernise the governance framework, ensuring that all personnel matters are uniformly regulated under the Defence (Personnel) Regulations 2002.
Scope and Application
The Naval Forces Repeal Regulations 2002 applies to the personnel matters of the Australian Defence Force's Navy, aiming to streamline and consolidate existing regulations into the Defence (Personnel) Regulations 2002. These Regulations are applicable to individuals and entities involved in the Navy's administration, including military personnel, civilian employees, and contractors, as well as the conduct and transactions related to their employment and service. The jurisdictional reach of these Regulations is national, operating under the authority of the Minister for Veterans' Affairs, thus impacting the entire Commonwealth of Australia. The Regulations effectively repeal the Naval Forces Regulations 1935, rendering them obsolete as the Defence (Personnel) Regulations 2002 now encompass all previously regulated matters. The commencement date of these Regulations is 1 December 2002, providing a clear transition period for the implementation of the new consolidated framework.
Key Provisions
The main operative sections of the Naval Forces Repeal Regulations 2002 are straightforward and focused on the consolidation and repeal of existing regulations. Regulation 1 (1) names the Regulations as the Naval Forces Repeal Regulations 2002, indicating their identity and purpose. Regulation 2 (2) sets the commencement date for the Regulations as 1 December 2002, establishing when they come into effect. Regulation 3 (3) is pivotal as it repeals the Naval Forces Regulations 1935, reflecting the consolidation of all personnel matters into the Defence (Personnel) Regulations 2002.
The obligations and requirements imposed by these Regulations primarily involve the administrative and procedural aspects of repealing existing regulations and integrating them into a new consolidated set of rules. The Regulations require the complete repeal of the Naval Forces Regulations 1935, ensuring that all related provisions are now governed under the Defence (Personnel) Regulations 2002. This consolidation aims to streamline the governance and administration of naval personnel, making it more efficient and cohesive.
In terms of consequences for non-compliance or breach, the Regulations themselves do not explicitly outline offences, penalties, or civil/criminal consequences. However, non-compliance with the consolidated Defence (Personnel) Regulations 2002, which these Regulations facilitate, could result in various penalties depending on the specific breaches within those regulations. For instance, breaches of personnel-related regulations could lead to disciplinary actions, administrative penalties, or legal consequences as prescribed within the Defence (Personnel) Regulations 2002. The exact penalties would depend on the nature and severity of the breach, with potential outcomes ranging from fines to more severe disciplinary measures.