Naval Defence Act 1918 (Cth)

 

NAVAL DEFENCE.

 

No. 45 of 1918.

An Act to amend the Naval Defence Act 1910–1912.

[Assented to 25th December, 1918.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Naval Defence Act 1918.

(2.) The Naval Defence Act 1910–1912 is, in this Act, referred to as the Principal Act.

 

(3.) The Principal Act, as amended by this Act, may be cited as the Naval Defence Act 1910–1918.

Definitions.

2. Section three of the Principal Act is amended by inserting therein after the definition of “Active Service” the following definition:—

“‘Commission’ includes warrant.”.

Application of Defence Act.

3. Section five of the Principal Act is amended by adding at the end thereof the following proviso:—

“Provided that, in the application of those Parts and sections in relation to the Naval Forces, any reference to the Minister shall be construed as a reference to the Minister administering this Act.”.

Power to appoint officers.

4. Section eight of the Principal Act is amended by adding at the end thereof the following proviso:—

“Provided that subordinate officers and officers appointed provisionally or on probation shall not receive commissions.”.

Officers not to be appointed or promoted except provisionally until they have passed prescribed examination.

5.Section eleven of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5.) Notwithstanding anything contained in this section, an officer who, at the commencement of a time of war, holds a provisional appointment as an officer of a particular rank, or who is, during a time of war, appointed provisionally as an officer of a particular rank, may continue to hold office as an officer of that rank during the continuance of the time of war and for a period not exceeding eighteen months thereafter, even though he has not passed the prescribed examination for that rank.”.

Appointment of noncommissioned and petty officers.

6. Section fourteen of the Principal Act is amended by omitting therefrom the words “Warrant officers”.

Discharge on expiration on period of service.

7. Section twenty-eight of the Principal Act is amended—

(a) by inserting therein before the word “war” (second occurring) the words “time of”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) When a seaman becomes entitled to be discharged he shall be discharged with all convenient speed, but until discharged he shall remain a member of the Naval Forces.”.