EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 205
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
SUPPLY AND DEVELOPMENT REGULATIONS (AMENDMENT)
The Supply and Development Regulations (“the Principal Regulations”), made under the Supply and Development Act 1939 (“the Act”), prescribe various matters relating to the establishment, maintenance and operation of Commonwealth undertakings which provide for Defence Force needs.
This Statutory Rule amends or repeals various provisions of the Principal Regulations, as a consequence of changes to the Act. These changes have rendered a number of provisions unnecessary, or in need of amendment to ensure consistency with the Act. The Statutory Rule also makes various drafting amendments.
Supply and Development Regulations (Amendment)
Regulation 1 defines the Supply and Development Regulations as the Principal Regulations.
Regulation 2 repeals regulations 2, 3 and 4 of the Principal Regulations. Those provisions repealed various former Regulations, limited the operation of the Munitions Supply Regulations (which were repealed by Statutory Rules 1956, No. 30) and listed the Parts of the Principal Regulations.
Regulation 3 makes drafting and other amendments. These amendments remove the double year citation of the Act, replace the definition of “employee” to accord with section 10 of the Act, add a definition of “Manager”, and omit the definitions of “officer” and “the Secretary” as those terms are now defined by the Act.
Regulations 4 and 5 remove from regulations 8 and 9 references to the Minister’s powers to enter into and execute contracts and agreements. There is no need for these provisions in the Principal Regulations, as they are matters that are within the Minister’s executive power.
Regulation 6 repeals regulations 12 and 38 of the Principal Regulations, as a consequence of the new section 10 of the Act. Regulation 12, which dealt with the employment of persons in connection with undertakings, was no longer operative, as that matter is now dealt with by section 10 of the Act. Regulation 38, which provided that persons employed under the Public Service Act 1922 were exempted from the Principal Regulations, is unnecessary. Section 10 of the Act, together with the new definition of “employee” in the Regulations, makes it clear that the Principal Regulations only apply to persons employed under section 10.
Regulation 7 replaces regulation 39, which provided that the Minister may approve the appointment of a person to take charge of an undertaking, and that such a person is subject to the control and direction of the Board or Administrator (as the case may be). There is no longer a requirement that the Minister approve appointments, as managers of undertakings are appointed or promoted to their offices under the Public Service Act 1922. New regulation 39, however, still provides that a manager of an undertaking is subject in the performance of his or her duties to the control and direction of the Board or Administrator (as the case may be).
Regulation 8 amends subregulation 40(1) to replace references to persons appointed in pursuance of regulation 39, with references to managers, and removes discriminatory language.
Regulation 9 omits paragraphs 42(1)(a) and (b) and subregulations 42(2) and (3), which deal with expenditure. The incurring and approval of expenditure is adequately provided for by the Audit Act 1901 and the Finance Regulations.
Regulation 10 repeals regulation 78, which preserved furlough entitlements for certain employees. All employees to whom that provision applied have retired.
Regulation 11 repeals the First Schedule, which lists former Regulations repealed when the Principal Regulations were made.
Commencement
The Statutory Rule comes into operation on the date of gazettal.