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 Those provisions repealed various former Regulations, limited the operation of the Munitions Supply Regulations (which were repealed by Statutory Rules 1956, No. 30) and listed the Parts of the Principal Regulations.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.
Overview
The Supply and Development Regulations (Amendment) 2004, issued under the Supply and Development Act 1939, were enacted to address the need for regulatory adjustments following legislative changes to the principal Act. This statutory rule was issued by the authority of the Minister for Defence Science and Personnel Supply and Development and aims to ensure that the regulations remain consistent with the Act and reflect the current legal framework. The regulations amend or repeal various provisions of the original Supply and Development Regulations to remove redundancies and update definitions and references to align with the amended Act. By doing so, the amendments aim to streamline the regulatory environment and enhance the operational efficiency of Defence Force undertakings.
The legislative changes addressed by these regulations include the removal of outdated references to repealed regulations and Acts, the updating of definitions to match those used in the Supply and Development Act 1939, and the clarification of the roles and responsibilities of managers within Defence Force undertakings. The overall policy objective is to maintain a cohesive and legally sound regulatory framework that supports the effective and efficient operation of Defence Force needs. This statutory rule aims to ensure that the regulatory provisions are in harmony with the current legislative context, thereby facilitating better governance and management of Defence Force undertakings.
Scope and Application
The Supply and Development Regulations (Amendment) Statutory Rule 1988 No. 205, issued by the authority of the Minister for Defence Science and Personnel, amends the Principal Regulations made under the Supply and Development Act 1939. The Principal Regulations pertain to the establishment, maintenance and operation of Commonwealth undertakings that serve Defence Force needs. This amendment arises from changes to the Supply and Development Act 1939 which have rendered certain provisions unnecessary or in need of modification to ensure consistency with the Act. The regulations apply to the conduct and transactions of these Commonwealth undertakings and their personnel. The scope of the amendment includes repealing certain regulations, updating definitions to align with the Act, removing redundant references to the Minister's powers, and updating provisions to reflect changes in employment and managerial control as dictated by the Public Service Act 1922. The amended regulations exclude provisions related to expenditure, which are now governed by the Audit Act 1901 and the Finance Regulations. The amendment ensures that the regulations remain relevant and operationally effective in the context of current legislation.
Key Provisions
The Supply and Development Regulations (Amendment) Statutory Rules 1988 No. 205, issued by the authority of the Minister for Defence Science and Personnel, modify various provisions of the Supply and Development Regulations made under the Supply and Development Act 1939. These amendments follow changes to the Act, which have made certain provisions redundant or necessitated adjustments to ensure alignment with the Act (Regulation 1). Regulation 2 repeals regulations 2, 3, and 4 of the Principal Regulations, which previously listed repealed Regulations, limited the operation of the Munitions Supply Regulations, and outlined the Parts of the Principal Regulations, none of which are necessary following the Act’s amendments. Regulation 3 introduces several drafting amendments. It updates the Act’s citation, redefines "employee" to align with section 10 of the Act, introduces a definition of "Manager", and removes outdated definitions of "officer" and "the Secretary" as these terms are now defined by the Act.
The amendments impose certain obligations and requirements on the parties and entities governed by the Principal Regulations. For instance, Regulation 6 repeals regulations 12 and 38, thereby clarifying that the Principal Regulations only apply to persons employed under section 10 of the Act. Regulation 7 replaces regulation 39 by removing the requirement for ministerial approval of appointments to managerial positions, as these are now governed by the Public Service Act 1922. Instead, it maintains that managers of undertakings are subject to the control and direction of the Board or Administrator (Regulation 7). Regulation 9 removes sections related to expenditure, acknowledging that the Audit Act 1901 and the Finance Regulations sufficiently address the management and approval of expenditure.
The Statutory Rules also establish consequences for non-compliance. Although specific offences, penalties, or civil/criminal consequences are not detailed within the text, it is implied that breaches of the amended regulations may lead to legal action under the Supply and Development Act 1939 or other relevant legislation. The precise penalties would depend on the nature and severity of the breach, as well as the provisions of the Act and any other applicable laws. The Statutory Rules come into operation on the date of gazettal, ensuring that the amendments are effective immediately upon publication.