War Service Estates Regulations (Amendment) 1997 No. 46
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 46
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
War Service Estates Act 1942
War Service Estates Regulations (Amendment)
The War Service Estates Regulations ("the Principal Regulations"), made under the War Service Estates Act 1942, provide for the distribution of the estates of members who die during war service or within three months after ceasing war service.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.
This Statutory Rule amends the Principal Regulations by changing references to the titles Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. The Statutory Rule also replaces references to the generic title "chief of staff" with "service chief". In this context, there was no requirement to include the Chief of the Defence Force.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The War Service Estates Regulations (Amendment) 1997 No. 46, issued under the authority of the Minister for Defence Industry, Science and Personnel, amends the War Service Estates Regulations made under the War Service Estates Act 1942. The amendment responds to changes in the Defence Force command structure, specifically updating titles of the service chiefs to align with legislative reforms outlined in the Defence Legislation Amendment Act (No. 1) 1997. This Act changed the titles of the service chiefs from Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff to Chief of Navy, Chief of Army, and Chief of Air Force, respectively. The purpose of these amendments is to ensure that the regulations continue to accurately reflect the current titles of those in leadership positions within the Defence Force, thereby maintaining consistency and clarity in the administration of war service estates. The Statutory Rule is designed to come into effect on the date of its gazettal, ensuring that the legislative changes are implemented promptly.
Scope and Application
The War Service Estates Regulations (Amendment) 1997 No. 46 applies to the administration of the estates of members who die during war service or within three months after ceasing war service. This amendment, issued by the Authority of the Minister for Defence Industry, Science and Personnel, pertains to the War Service Estates Act 1942 and modifies the War Service Estates Regulations to align with recent legislative changes in the Defence Force. Specifically, it updates the titles of service chiefs in the Defence Force from Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff, to Chief of Navy, Chief of Army, and Chief of Air Force, respectively. Additionally, it updates the generic title "chief of staff" to "service chief", excluding the Chief of the Defence Force where necessary. The amendment reflects changes made by the Defence Legislation Amendment Act (No. 1) 1997, which also updated references to service chiefs across other Commonwealth Acts. This Statutory Rule is effective from the date of its gazettal.
Key Provisions
The main operative sections of the War Service Estates Regulations (Amendment) 1997 No. 46 involve the amendment of the War Service Estates Regulations, made under the War Service Estates Act 1942, to reflect changes in the titles of service chiefs within the Defence Force. Specifically, sections 2 and 3 of the Statutory Rule amend references from the former titles Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff, to the new titles Chief of Navy, Chief of Army, and Chief of Air Force, respectively. Additionally, section 3 replaces the generic title "chief of staff" with "service chief". These changes ensure that the regulations remain consistent with the updated terminology as set out in the Defence Legislation Amendment Act (No. 1) 1997.
The obligations and requirements imposed by these amendments ensure that the administration of war service estates aligns with the current structure of the Defence Force. The updated terminology must be used in all relevant documents and communications under the War Service Estates Regulations. This includes any references in the regulations to the service chiefs and their roles in the distribution of war service estates. By making these amendments, the legislation ensures that the regulatory framework accurately reflects the contemporary command arrangements within the Defence Force.
In terms of consequences for non-compliance, the Statutory Rule itself does not explicitly outline specific offences, penalties, or consequences for breach. However, the underlying War Service Estates Act 1942 and associated regulations do provide for various offences and penalties. For instance, section 26 of the War Service Estates Act 1942 provides for penalties for offences such as the improper administration of estates or fraud. The penalties for such offences can include fines and imprisonment, with the exact penalties depending on the nature and severity of the offence. It is important for those involved in the administration of war service estates to adhere strictly to the updated terminology and requirements to avoid any potential legal repercussions under the existing legislative framework.