Navy (Canteens) Amendment Regulations 2003 (No. 1) 2003 No. 199
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 199
Navy (Canteens) Amendment Regulations 2003 (No. 1)
Issued by the authority of the Minister for Veterans' Affairs
Section 45 of the Naval Defence Act 1910 permits the Governor-General to make Regulations, not inconsistent with this Act, prescribing all matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Navy, or for carrying out or giving effect to the Naval Defence Act 1910.
The principal purpose of these Regulations is to amend the Navy (Canteens) Regulations 1954 to:
• increase membership of the Royal Australian Navy Central Canteens Board from 4 to 6 persons;
• increase the number of Board members required to form a quorum from 3 to 4 members; and
• require annual audits as at 30 June each year, rather than six monthly audits.
Regulation 1 identifies these Regulations as the Navy (Canteens) Amendment Regulations 2003 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 identifies the Regulations amended by Schedule 1 as the Navy (Canteens) Regulations.
Schedule 1 makes the substantive amendments to the Regulations.
Item 1 amends regulation 1 to give effect to current drafting protocol regarding the citation of Regulations. The amendment adds the year of the Regulations to the title and italicises the name.
Item 2 amends paragraph 7(1)(b) to increase the number of members of the Royal Australian Navy Central Canteens Board from 4 to 6 persons. This is in order to broaden the representation on the Board.
Item 3 amends paragraph 8(a) to increase the number of Board members required to form a quorum from 3 to 4 members. This is required as a result of the increased membership of the Board.
Item 4 amends subregulation 13(3) to require that the Minister be furnished with an annual audit for the period ending 30 June each year, rather than every 6 months. Given the limited nature of the activities conducted by Navy Canteens, the current 6 monthly audit periods are considered to be too frequent. It is therefore proposed that audits will be provided to the Minister annually.
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Overview
The Navy (Canteens) Amendment Regulations 2003 (No. 1) were enacted to refine the administrative framework governing the operations of Navy canteens within the Royal Australian Navy. These regulations were introduced to address the need for more effective governance and financial oversight of the canteen services provided to Navy personnel. Enacted by the authority of the Minister for Veterans' Affairs under Section 45 of the Naval Defence Act 1910, the objective of these regulations is to enhance the efficiency and accountability of the Royal Australian Navy Central Canteens Board. This is achieved by increasing the number of Board members from four to six, thereby broadening representation, and modifying the quorum requirements to reflect the expanded membership. Additionally, the regulations reduce the frequency of audits from bi-annual to annual, aligning the audit schedule with the canteens' operational scale and ensuring timely yet less burdensome oversight.
Scope and Application
The Navy (Canteens) Amendment Regulations 2003 (No. 1) apply specifically to the Royal Australian Navy Central Canteens Board, which is responsible for managing and overseeing the operations of canteens within the Navy. These Regulations amend the existing Navy (Canteens) Regulations 1954 to alter the composition and operational requirements of the Board. They increase the number of Board members from four to six and require that four members constitute a quorum, up from the previous requirement of three members. Additionally, the Regulations modify the frequency of financial audits, requiring that an annual audit be conducted and submitted to the Minister as of 30 June each year, instead of the previous requirement of bi-annual audits. The Regulations are made under the authority of the Minister for Veterans' Affairs and operate within the framework of the Naval Defence Act 1910, ensuring they are consistent with the overarching legislative intent of maintaining good governance within the Navy.
Key Provisions
The Navy (Canteens) Amendment Regulations 2003 (No. 1) bring about specific changes to the Navy (Canteens) Regulations 1954. Regulation 2 stipulates that these Regulations will come into effect upon gazettal, which means they will be in force immediately after being published in the Commonwealth Gazette. Regulation 3 identifies the Navy (Canteens) Regulations as the primary legislation being amended. The substantive changes are detailed in Schedule 1, which includes amendments to the membership and quorum requirements of the Royal Australian Navy Central Canteens Board and the frequency of audits.
The obligations imposed by these Regulations on the relevant parties are primarily concerned with the composition and functioning of the Royal Australian Navy Central Canteens Board. Under Item 2 of Schedule 1, the membership of the Board is expanded from four to six members. This change is aimed at ensuring that the Board has a broader representation. Furthermore, Item 3 increases the number of Board members required to form a quorum from three to four, aligning with the increased membership to ensure that decision-making processes remain effective and balanced. Additionally, Item 4 mandates that an annual audit for the period ending on 30 June each year be submitted to the Minister, a change from the previous requirement of bi-annual audits, reflecting a reduction in the frequency of audits.
There are no specific offences, penalties, or civil/criminal consequences outlined in these Regulations for non-compliance with the new membership, quorum, or audit requirements. However, the importance of adhering to the stipulated provisions is underscored by the nature of the changes, which are intended to enhance the governance and efficiency of the Royal Australian Navy Canteens. Failure to comply with the new membership and quorum requirements, as well as the revised audit schedule, could potentially impact the proper functioning and oversight of the Canteens, although no explicit penalties are mentioned in the text.