[pic] Navy (Canteens) Regulations 1954 Statutory Rules 1954 No. 129 as amended made under the Naval Defence Act 1910 This compilation was prepared on 1 July 2007 taking into account amendments up to SLI 2007 No. 94 Prepared by the Office of Legislative Drafting, Attorney-General's Department, Canberra Contents 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 2A Delegations 3 3 Powers of Chief of Navy in relation to canteens, clubs etc 4 4 Royal Australian Navy Central Canteens Fund 4 5 Transfer of assets etc of existing Fund 5 6 Royal Australian Navy Central Canteens Board 5 7 Constitution of Board 6 8 Quorum and voting 6 9 Secretary to the Board 7 10 Recommendations by Board 7 11 Powers of the Board 7 12 Chief Executive Officer 9 13 Delegation of powers by the Board 9 18 Licences 9 19 Remuneration 10 Notes 11 1 Name of Regulations [see Note 1] These Regulations are the Navy (Canteens) Regulations 1954. 2 Interpretation In these Regulations, unless the contrary intention appears: the Board means the Royal Australian Navy Central Canteens Board established by these Regulations. the Fund means the Royal Australian Navy Central Canteens Fund established by these Regulations. the Royal Australian Navy Relief Trust Fund means the Fund by that name established by the Services Trust Funds Act 1947. 2A Delegations (1) The Minister may, by writing signed by him or her, delegate to an officer who holds a rank above the rank in the Australian Navy of Captain any of his or her powers or functions under these Regulations other than this power of delegation. (2) The Chief of Navy may, by writing signed by him or her, delegate to an officer who holds a rank above the rank in the Australian Navy of Captain any of his or her powers or functions under these Regulations other than this power of delegation. (3) A delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister or the Chief of Navy, as the case may be. 3 Powers of Chief of Navy in relation to canteens, clubs etc (1) The Chief of Navy may make orders and give instructions, of either general or particular application: (a) in relation to the establishment, maintenance, supervision, management, inspection, conduct, control and closing of canteens and clubs for members of the Navy; (b) in relation to the exercise of the powers, duties and functions of the Royal Australian Navy Central Canteens Board; and (c) subject to regulations 7 and 8, for the purpose of regulating the meetings and the procedure of that Board. (2) The Minister may from time to time impose and vary levies in respect of canteens trading to be paid to the Fund by persons conducting canteens. 4 Royal Australian Navy Central Canteens Fund (1) There shall be a Fund which shall be known as the Royal Australian Navy Central Canteens Fund and shall be administered by the Board. (2) The Fund shall consist of: (a) the proceeds of levies imposed by the Minister in pursuance of these Regulations; (b) gifts and donations of money or property received by the Board for the purposes of the Fund; (c) money and investments vested in the Board by regulation 5; and (d) any other money or property lawfully available for the purposes of the Fund. (3) Subject to these Regulations, moneys and property forming part of the Fund may be applied: (a) in making grants to the Royal Australian Navy Relief Trust Fund; (b) in making grants and loans to persons conducting canteens, clubs, cinemas or other institutions or facilities for the welfare or entertainment of members of the Navy; and (c) otherwise for the purposes of the exercise of the powers and functions conferred on the Board by these Regulations. 5 Transfer of assets etc of existing Fund Upon the commencement of these Regulations: (a) The moneys and investments comprising the Fund known as the Royal Australian Navy Central Canteen Fund are, by force of this regulation, vested in the Board; (b) all rights, obligations and liabilities which, immediately before that commencement, were vested in, or imposed on, the trustees of that fund in their capacity as those trustees are, by force of this regulation, vested in or imposed on the Board; and (c) those trustees are discharged from all obligations and liabilities lawfully incurred by them in their capacity as trustees of that Fund. 6 Royal Australian Navy Central Canteens Board (1) For the purposes of these Regulations, a Board, to be called the Royal Australian Navy Central Canteens Board, is hereby established. (2) Subject to these Regulations, the Board has and may exercise the rights, powers, authorities and functions conferred on it, and is charged with and shall perform the duties and obligations imposed upon it, by these Regulations. 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) The Board is a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and is capable of suing and being sued in its corporate name. (4) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and shall presume that it was duly affixed. 7 Constitution of Board (1) The Board shall consist of: (a) a Chairman; and (b) 6 other persons; appointed by the Chief of Navy. (3) Meetings of the Board shall: (a) be convened by the Chairman; and (b) be held at intervals not exceeding 3 months. (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. 8 Quorum and voting At a meeting of the Board: (a) 4 members form a quorum; (b) the Chairman or, in his or her absence, a member elected by the members present, shall preside; (c) all questions shall be decided by a majority of votes of the members present; and (d) the Chairman or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 9 Secretary to the Board (1) The Chief of Navy may appoint a person to act as Secretary to the Board. (2) The person so appointed shall assist the Board in the exercise and performance of its powers and functions in such manner as the Board directs. 10 Recommendations by Board The Board may make recommendations to the Minister or to the Chief of Navy concerning: (a) the opening, conducting and closing of canteens; and (b) the imposition and variation of levies in respect of canteens trading; and (c) the authorization of persons to open and conduct clubs, cinemas and other institutions and facilities for the welfare or entertainment of members of the Navy, and the closing of those clubs, cinemas, institutions and facilities; and (e) matters incidental to the exercise by the Minister or the Chief of Navy of powers in respect of a matter referred to in any of the preceding paragraphs. 11 Powers of the Board (1) Subject to these Regulations, the Board has power to: (a) receive levies imposed by the Minister in pursuance of these Regulations in respect of canteens trading; (b) accept gifts and donations of money and other property for the purposes of the Fund; (c) make grants of money from the Fund to the Royal Australian Navy Relief Trust Fund for the purposes of that Fund; (d) make grants and loans of money and property from the Fund to persons conducting canteens, clubs, cinemas or other institutions or facilities for the welfare or entertainment of members of the Navy; (e) purchase, lease, hire or otherwise acquire land, buildings, stock, plant, equipment or other property for the purpose of providing services, entertainment, recreation or other amenities for members of the Navy; (f) dispose of any property acquired by, or vested in, the Board; (fa) subject to this regulation, enter into a contract under which the Board, in consideration of a person rendering assistance in connection with the erection of a building for the provision of services specified in the contract for members of the Navy, accepts the liability to pay a sum of money to that person if the building ceases to be used for the provision of those services; (g) enter into contracts for, or relating to, the purchase or supply of goods to be sold in canteens or clubs (whether as agent for, or otherwise on behalf of, persons conducting canteens or clubs or for the purpose of re-sale to those persons); (h) sell to persons conducting canteens or clubs goods purchased by the Board for the purpose of re-sale; and (i) do anything which is incidental to any of its powers. (2) A grant or loan of money or property in pursuance of paragraph (1) (d) may be made subject to such conditions as to the application of the money or property as the Board directs. (3) The Board shall not enter into a contract in pursuance of paragraph (1) (fa) if the services specified in the contract are not services: (a) in respect of which the Board is authorized to make grants or loans of money or property from the Fund by virtue of paragraph (1) (d); or (b) for the providing of which the Board is authorized to purchase, lease, hire or otherwise acquire land, buildings, stock, plant, equipment or other property by virtue of paragraph (1) (e). 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. 18 Licences The Chief of Navy may, upon such terms and conditions as he or she determines, grant to a person a licence to trade in a naval establishment for the purpose of rendering a service not otherwise catered for in that establishment. 19 Remuneration (1) Subject to subregulations (2) and (3), neither a member of the Board nor the person appointed to act as Secretary to the Board is entitled to be paid in respect of duties or functions performed by him or her in pursuance of these Regulations. (2) Subregulation (1) does not: (a) prevent the reimbursement of a member of the Board or the person appointed to act as Secretary to the Board for out-of- pocket expenses reasonably incurred by him or her in the performance of his or her duties or functions under these Regulations; or (b) prevent any such member or person who is a member of the Navy or an APS employee from receiving his or her pay and allowances in that capacity. (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. Notes to the Navy (Canteens) Regulations 1954 Note 1 The Navy (Canteens) Regulations 1954 (in force under the Naval Defence Act 1910) as shown in this compilation comprise Statutory Rules 1954 No. 129 amended as indicated in the Tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification|commencement |saving or | | | | |transitional| | |in Gazette | |provisions | | |and FRLI | | | | |registration| | | |1954 No. 129|23 Dec 1954 |23 Dec 1954 | | |1967 No. 173|20 Dec 1967 |20 Dec 1967 |- | |1970 No. 24 |5 Mar 1970 |5 Mar 1970 |- | |1971 No. 119|2 Sept 1971 |2 Sept 1971 |- | |1973 No. 31 |15 Feb 1973 |15 Feb 1973 |- | |1974 No. 131|31 July 1974|31 July 1974 |- | |1976 No. 53 |6 Feb 1976 |9 Feb 1976 |R. 4 | |1982 No. 175|23 July 1982|23 July 1982 |- | |1992 No. 25 |7 Feb 1992 |7 Feb 1992 |- | |1997 No. 44 |12 Mar 1997 |12 Mar 1997 |- | |2003 No. 199|6 Aug 2003 |6 Aug 2003 |- | |2007 No. 94 |27 April |1 July 2007 |- | | |2007 | | | Table of Amendments |ad. = added or inserted am. = amended rep. =| |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |rs. 2003 No. 199 | |R. 2 |am. 1992 No. 25; 1997 No. 44 | |R. 2A |ad. 1976 No. 53 | | |am. 1997 No. 44; 2007 No. 94 | |Heading to r. 3 |am. 1997 No. 44 | |R. 3 |am. 1971 No. 119; 1976 No. 53; 1997 | | |No. 44 | |R. 4 |am. 1971 No. 119; 1976 No. 53; 1982 | | |No. 175; 2007 | | |No. 94 | |Note to R. 6 (2) |ad. 2007 No. 94 | |R. 7 |am. 1967 No. 173; 1970 No. 24; 1973 | | |No. 31; 1974 No. 131; 1976 No. 53; | | |1997 No. 44; 2003 No. 199; 2007 | | |No. 94 | |R. 8 |am. 1976 No. 53; 2003 No. 199; 2007 | | |No. 94 | |R. 9 |am. 1976 No. 53; 1997 No. 44 | |R. 10 |am. 1971 No. 119; 1976 No. 53; 1992 | | |No. 25; 1997 No. 44 | |R. 11 |am. 1967 No. 173; 1971 No. 119; 1976| | |No. 53 | |R. 12 |rs. 2007 No. 94 | |R. 13 |am. 1976 No. 53; 2003 No. 199 | | |rs. 2007 No. 94 | |R. 14 |am. 1970 No. 24; 1976 No. 53 | | |rep. 1992 No. 25 | |R. 15 |rep. 1992 No. 25 | |R. 16 |am. 1976 No. 53 | | |rep. 1992 No. 25 | |R. 17 |am. 1971 No. 119 | | |rep. 1976 No. 53 | |R. 18 |am. 1976 No. 53; 1997 No. 44; 2007 | | |No. 94 | |Heading to R.19 |rs. 2007 No. 94 | |R. 19 |am. 1976 No. 53; 1992 No. 25; 2007 | | |No. 94 |