Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE REGULATIONS (AMENDMENT) 1998 NO. 63

STATUTORY RULES 1998 NO. 63

Issued by the Authority of the Minister for Defence Industry, Science and Personnel

Defence Act 1903

Defence Force Regulations (Amendment)

The Defence Force Regulations ("the Principal Regulations"), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Navy, Army and Air Force.

This Statutory Rule makes two amendments to the Principal Regulations consequential on the repeal of the Audit Act 1901 and the commencement of the Financial Management and Accountability Act 1997 ("the FMA Act").

The first amendment relates to Part IX of the Principal Regulations which prescribed the way in which unclaimed property, held in a Defence Force store or other Defence Force establishment, was to be disposed. For other Departments, and for Defence in general, the disposal of unclaimed property was dealt with under the former Financial Regulations made pursuant to the Audit Act. With the repeal of the Audit Act, the scheme for the disposal of unclaimed property is now set out in regulation 25 of the Financial Management and Accountability Regulations (SR 1997 No 328) made under the FMA Act. This new scheme satisfies Defence's requirements for disposing of unclaimed property and therefore Part IX of the Principal Regulations was unnecessary. Regulation 3 of this Statutory Rule omits Part IX from the Principal Regulations.

The second amendment relates to regulation 82 of the Principal Regulations which sets out matters that cannot form the basis of a complaint by a member of the Australian Defence Force using the internal redress of grievance system. Paragraph 82(b) stated that a member could not make a complaint in relation to a determination under subsection 70AC(1) of the Audit Act, that is, a determination that the member was liable to pay an amount to the Commonwealth in respect of the loss of public moneys, or the loss of or damage to public property. Regulation 4 of this Statutory Rule amends paragraph 82(b) of the Principal Regulations by replacing the reference to the repealed Audit Act provision with a reference to the provisions in the FMA Act now dealing with those matters. Under the repealed Audit Act, the Administrative Appeals Tribunal was empowered to deal with any appeal against an assessment of liability. Under the FMA Act, the amount that is determined to be owed is recoverable as a debt in a court of competent jurisdiction. This mechanism will protect the interests of aggrieved persons, including members of the Australian Defence Force, who may wish to challenge their liability.

The Statutory Rule comes into operation on the date of gazettal.