Commonwealth Numbered Regulations - Explanatory Statements

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ARMY AND AIR FORCE CANTEEN SERVICE AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 32

STATUTORY RULES 2001 No. 32

Issued by the Authority of the Minister for Defence

Defence Act 1903

Army and Air Force Canteen Service Amendment Regulations 2001 (No. 1)

The attached Regulations ate made under subsection 124(1) of the Defence Act 1903. Subsection 124(1) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for securing the good government of the Defence Force, and for among other things carrying out or giving effect to the establishment, management, operation and control of canteens.

The attached Regulations amend paragraph 10(6)(d) the Army and Airforce Canteen Service Regulations 1959 (the AAFCANS Regulations) to reflect amendments made to the Commonwealth Authorities and Companies Act 1997 (the CAC Act) by the Corporate Law Economic Reform Program Act 1999 (the CLERP Act).

Paragraph 10(1)(d) of the AAFCANS Regulations provides for the Minister to appoint three of the eight members of the Board of Management of the Canteens Service. Paragraph 10(6)(d) provided that the Minister shall terminate the appointment of a member referred to in paragraph 10(1)(d) if he or she fails, without reasonable excuse, to comply with his or her obligations under section 21 of the CAC Act (Disclosures by board members of material personal interests).

Section 21 of the CAC Act was repealed by the CLERP Act. New sections 27F (Disclosure of, and voting on, matters involving material personal interests of Board members) and 27J (Restrictions on attendance and voting at Board meetings) of the Act deal with the same issues as section 21 but provide additional guidance.

This additional guidance includes clear directions as to when a notice of an interest is and is not required, the details a notice of an interest must include and clarification of instructions as to when and how a director of a Commonwealth Authority, who has a material personal interest in a matter that is being deliberated at a board meeting, may be present and vote on the matter.

The attached Regulations omit the reference to section 21 of the CAC Act in paragraph 10(6)(c) of the AAFCANS Regulations and substitute a reference to sections 27F and 27J of the CAC Act.

Details of the amendments are as follows:

Regulation 1

This names the Regulations as the Army and Air Force Canteen Service Amendment Regulations 2001 (No. 1).

Regulation 2

This provides that the Regulations are to commence on gazettal.

Regulation 3

This provides that Schedule 1 to the Regulations amends the AAFCANS Regulations.

Schedule 1

This provides for the omission of the reference to section 21 of the CAC Act in paragraph 10(6)(c) of the AAFCANS Regulations and the substitution of a reference to sections 27F and 27J of the CAC Act.