Regulations for Civilian Staff (other than Government Factories) under Defence Act, Section 63 (Amendment)

Overview

The Statutory Rules 1929, No. 79, issued under the Defence Act 1903-1927, represent amendments to the existing regulations governing civilian staff employed in the defence sector, excluding those working in government factories. Enacted by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations were established to refine the existing framework and were brought into effect from 26th September, 1928. The legislative instrument specifically modifies Regulation 14 to adjust the procedure for handling deductions from civilian staff salaries to satisfy judgment debts, providing greater flexibility to direct the payment of such sums to judgment creditors. Additionally, Regulation 113 was amended by removing certain numerical data to streamline the regulatory framework. These amendments aim to ensure that the Defence Act 1903-1927 remains relevant and effective in managing civilian staff within the defence sector.

Scope and Application

The Statutory Rules 1929, No. 79, which amend the Regulations under the Defence Act 1903-1927, pertain to civilian staff employed within the Defence sector, excluding those who work in government factories. These regulations are concerned with the financial obligations of civilian Defence staff in cases where they are subject to a judgment for debt, and they establish the mechanisms by which sums owed can be deducted from their pay and remitted to the judgment creditor. The amendments specifically modify the process for the deduction and payment of these sums, and clarify the role of the Paying Officer, who is appointed by the Secretary for this purpose. These regulations apply to civilian employees of the Defence sector within the Commonwealth of Australia and provide the framework for handling financial judgments against them. The changes are designed to ensure clarity and efficiency in the administration of such deductions.

Key Provisions

The main operative sections of the Statutory Rules 1929 No. 79, which amend the Regulations under the Defence Act 1903-1927, involve significant modifications to Regulation 14 and Regulation 113. Regulation 14 is altered to change the process of paying sums to a judgment creditor. Initially, Regulation 14(3) required the sums to be paid directly to the judgment creditor. However, this has been modified to allow for the sums to either be paid directly or deducted from the relevant amounts, with the sums subsequently being paid or directed to the judgment creditor (Regulation 14(3)(a)). Furthermore, the definition of 'Paying Officer' within this regulation has been updated. Regulation 14(9) now explicitly states that the 'Paying Officer' is an officer appointed by the Secretary for the purposes of this regulation (Regulation 14(9)(b)). These amendments impose certain obligations on the parties involved, particularly on the Paying Officer appointed by the Secretary. The Paying Officer is now responsible for determining whether sums should be paid directly to the judgment creditor or deducted from the relevant amounts before payment. This change in regulation enhances flexibility in the payment process, allowing for more streamlined procedures depending on the circumstances. Additionally, the clear definition of 'Paying Officer' ensures that there is no ambiguity regarding the role and responsibilities of this appointed individual. There are no explicit provisions in the document regarding offences, penalties, or consequences for breaches of these regulations. However, the Defence Act 1903-1927, under which these regulations operate, likely encompasses broader legal frameworks that could apply. In such a case, any failure to comply with these amended regulations could potentially lead to legal repercussions as defined by the overarching act, including fines, imprisonment, or other civil or criminal penalties. The exact consequences would depend on the specific nature of the breach and the provisions of the Defence Act 1903-1927.