EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 194
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES (WOMEN’S SERVICES) REGULATIONS (AMENDMENT)
Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 make various changes to the titles and structures of the Reserve Forces in the Air Force, the Army and the Navy. These changes, which stem from recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, come into operation from the date of proclamation (on 30 September 1983). Part XV amends the Naval Defence Act 1910 (“the Act”) to make the necessary changes in relation to Navy Reserve Forces. Under these amendments, the Citizen Naval Forces are renamed as the Australian Naval Reserve.
The Naval Forces (Women’s Services) Regulations, made under the Act, prescribe various matters for the purposes of the Act, including provisions relating to the Reserve Forces.
Consequent upon the amendments made by Part XV of the Statute Law Revision Act 1981, Regulation 2 of this Statutory Rule amends regulation 4 of the Naval Forces (Women’s Services) Regulations to substitute ‘Australian Naval Reserve’ for ‘Citizen Naval Forces’.
Commencement
The Statutory Rule comes into operation on 30 September 1983, the date from which Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 are proclaimed to commence.
Overview
The Naval Defence Act 1910, as amended by the Statute Law Revision Act 1981, addresses the need to modernise and realign the structure of the Reserve Forces within the Australian Defence Force. This legislation was enacted to reflect the recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, aiming to streamline and rename the Reserve Forces to better align with contemporary defence practices. Specifically, the Act facilitates the renaming of the Citizen Naval Forces to the Australian Naval Reserve, aligning with the broader restructuring of Reserve Forces across the Air Force, Army, and Navy. The changes, which were recommended by the Millar Committee to enhance operational efficiency and clarity, came into effect on 30 September 1983. The Naval Forces (Women’s Services) Regulations, also amended under this legislative framework, ensure that the updated terminology and structures are reflected in all relevant provisions, thereby maintaining consistency and coherence across the Naval Defence Act.
Scope and Application
The Naval Defence Act 1910, as amended by the Statute Law Revision Act 1981, governs the operations and structure of the Australian Naval Reserve, formerly known as the Citizen Naval Forces. This Act applies to all individuals and entities involved in the operations and administration of the Australian Naval Reserve, including personnel within the Reserve Forces and those who manage and oversee their activities. Its scope extends nationally across Australia, ensuring uniformity in the regulation and operation of the Reserve Forces within the Navy. The Act allows for the establishment of subordinate instruments to further define and implement the provisions of the Act, thereby extending or restricting its application as necessary. However, the specific details of any exclusions, exemptions, or thresholds are not elaborated upon in the provided text, and would require further examination of the relevant statutory rules and regulations.
Key Provisions
The main operative sections of the Naval Forces (Women’s Services) Regulations (Amendment) Statutory Rule 1983 are primarily concerned with aligning the nomenclature and structural changes to the Reserve Forces in the Navy, as recommended by the Millar Committee Report of 1974, with the amendments introduced by Part XV of the Statute Law Revision Act 1981. Regulation 2 of this Statutory Rule modifies regulation 4 of the Naval Forces (Women’s Services) Regulations to reflect these changes. Specifically, it replaces the term 'Citizen Naval Forces' with 'Australian Naval Reserve' (Reg. 2).
The amendments impose clear obligations on the parties involved, primarily the Australian Naval Reserve, to adhere to the updated titles and structures as defined by the Act. This includes ensuring that all documentation, communications, and any reference to the Reserve Forces within the Navy reflect the new name, 'Australian Naval Reserve' (Reg. 4). Additionally, it mandates that all existing provisions, which were previously applicable to the Citizen Naval Forces, now apply to the Australian Naval Reserve (Reg. 4).
The Statutory Rule does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, non-compliance with the Act and the associated regulations could potentially lead to administrative or legal consequences under the overarching Naval Defence Act 1910. Breaches of any statutory requirements could result in actions being taken under the general provisions of the Act, which may include fines or other penalties as determined by relevant authorities.
In summary, the Statutory Rule primarily serves to update the terminology and structure within the Naval Forces to align with legislative changes. The obligations are focused on ensuring that all references and documentation are updated to reflect these changes, thereby maintaining consistency and clarity in the administration and governance of the Australian Naval Reserve.