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Navy (Canteens) Amendment Regulations 2007 (No. 1)

Authoritative Version
  • - F2007L01132
  • No longer in force
SLI 2007 No. 94 Regulations as made
These Regulations amend the Navy (Canteens) Regulations 1954 to eliminate any conflict between the Principal Regulations and the Commonwealth Authorities and Companies Act 1997 (CAC Act) and to align the Principal Regulations with the CAC Act so that they reflect modern governance.
Administered by: Veterans' Affairs
Registered 27 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Navy (Canteens) Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 94

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Naval Defence Act 1910.

Dated 26 April 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

BRUCE BILLSON


1              Name of Regulations

                These Regulations are the Navy (Canteens) Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on 1 July 2007.

3              Amendment of Navy (Canteens) Regulations 1954

                Schedule 1 amends the Navy (Canteens) Regulations 1954.


Schedule 1        Amendments

(regulation 3)

  

[1]           Subregulations 4 (4), (5) and (6)

omit

[2]           Subregulation 6 (2), at the foot

insert

Note   The Board is also subject, as a Commonwealth authority, to reporting and other obligations imposed by Part 3 of the Commonwealth Authorities and Companies Act 1997.

[3]           After subregulation 7 (3)

insert

         (4)   The Chief of Navy may terminate the appointment of a member of the Board by reason of the misbehaviour or physical or mental incapacity of the member.

         (5)   If a member of the Board:

                (a)    becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

               (b)    is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board otherwise than on business of the Board undertaken with the approval of the Board; or

                (c)    fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;

the Chief of Navy must terminate the appointment of the member.

[4]           Regulations 12 and 13

substitute

12            Chief Executive Officer

         (1)   The Board must, following consultation with the Chief of Navy, appoint a person to be the Chief Executive Officer of the Canteen Service.

         (2)   Subject to subregulation (3), the Board must determine the terms and conditions of service of the Chief Executive Officer.

         (3)   The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal or, in the absence of a determination by the Remuneration Tribunal, by the Board.

         (4)   The Board may invite the Chief Executive Officer to attend, and participate in, meetings of the Board, but the Chief Executive Officer does not have a vote on any matter before the Board.

Note   Under section 33 of the Acts Interpretation Act 1901, a power to appoint a person to a position includes a power, exercisable in the same way, to remove or suspend a person appointed and to appoint another person temporarily in his or her place, and a power to make a determination includes a power to vary or revoke such a determination.

13            Delegation of powers by the Board

         (1)   The Board may, either generally or otherwise as provided by the instrument of delegation, by writing under its seal, delegate to the Chief Executive Officer any of its powers under these Regulations, other than this power of delegation.

         (2)   A power so delegated when exercised by the Chief Executive Officer is taken, for the purposes of these Regulations, to have been exercised by the Board.

         (3)   A delegation under this regulation does not prevent the exercise of a power by the Board.

Note   Under section 33 of the Acts Interpretation Act 1901, a power to issue a delegation includes a power to vary or revoke such a delegation.

[5]           Regulation 19, heading

substitute

19            Remuneration

[6]           Subregulation 19 (1)

omit

subregulation (2)

insert

subregulations (2) and (3)

[7]           Paragraph 19 (2) (b)

omit

officer of the Australian Public Service

insert

APS employee

[8]           After subregulation 19 (2)

insert

         (3)   A member of the Board who is not a member of the Defence Force or an APS employee is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, the member is to be paid such remuneration as the Chief of Navy determines.

[9]           Other amendments

 

Provision

omit

insert

subregulation 2A (1)

him

him or her

subregulation 2A (1)

his

his or her

subregulation 2A(2)

him

him or her

subregulation 2A (2)

his

his or her

paragraph 8 (b)

his

his or her

regulation 18

he

he or she

subregulation 19 (1)

him

him or her

paragraph 19 (2) (a)

him

him or her

paragraph 19 (2) (a)

his

his or her

paragraph 19 (2) (b)

his

his or her


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.