Naval Establishments Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 74

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1968.

Dated this second day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for the Navy.

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Amendments of the Naval Establishments Regulations 

1. Regulation 3 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-4).

Part II.—Administration (Regulations 4a-13).

Part III.—Duties of Officers and Employees (Regulations 21-42).

Part VIII.—Miscellaneous (Regulations 101-102).”.

Definitions.

2. Regulation 4 of the Naval Establishments Regulations is amended—

(a) by omitting the definition of “Employee” and inserting in its stead the following definition:—

“‘employee’ means a person employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be employees;”

(b) by omitting the definitions of “Minister”, “Naval Board”, “Naval Establishment” and “Officer” and inserting in their stead the following definition:—

“‘officer’ means a person employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be officers;” and

 

* Notified in the Commonwealth Gazette on 11 June 1970.

Statutory Rules 1936, No. 107, as amended by Statutory Rules 1937, Nos. 16, 52 and 63; 1938, No. 16; 1939, Nos. 3, 19 and 85; 1940, No. 196; 1941, Nos. 58 and 144; 1942, Nos. 118, 181 and 414; 1944, Nos. 97, 142 and 183; 1947, Nos. 136 and 139; 1948, No. 42; 1949, No. 64; 1951, Nos. 76, 87, 93 and 140; 1953, Nos. 14 and 95; 1954, No. 31; 1955, Nos. 12 and 46; 1956, Nos. 87 and 132; 1957, No. 31; 1958, Nos. 46 and 55; 1959, No. 79; 1961, Nos. 30, 32 and 91; 1962, Nos. 17 and 98; 1963, Nos. 32, 48, 60, 74 and 112; 1964, Nos. 2, 20, 98, 103, 115 and 156; 1965, Nos. 62, 95; 103 and 117; 1966, Nos. 32, 34, 93, 135 and 177; 1967, Nos. 18, 97, 106, 137 and 166; and 1968, No. 9.

12757/70-Price 8c 10/7.5.1970

 

(c) by omitting the definitions of “Returned Soldier”, “Secretary”, “Temporary officer”, “The Acts” and “The War” and inserting in their stead the following definitions:—

“‘temporary officer’ means a person employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be temporary officers;

‘the Act’ means the Naval Defence Act 1910-1968;

‘the Naval Board’ means the Board of Administration for the Naval Forces constituted under section 7 of the Act;

‘the Secretary’ means the Secretary to the Department of the Navy.”.

3. Regulation 4a of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Delegations by Minister and Naval Board.

“4a.—(1.) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

“(2.) The Naval Board may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under these Regulations, except this power of delegation.

“(3.) A power or function delegated by the Minister or the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

“(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Naval Board, as the case may be.”.

Responsibility and authority of Naval Board.

4. Regulation 5 of the Naval Establishments Regulations is amended by omitting the words “and may, where not inconsistent with these Regulations, determine rates of pay, allowances, leave, and other matters affecting an officer or employee”.

Repeal.

5. Regulations 7, 7a, 10, 11 and 12 of the Naval Establishments Regulations are repealed.

Temporary Officers.

6. Regulation 13 of the Naval Establishments Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.); and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The provisions of regulations 23 and 26 of these Regulations do not apply to a temporary officer.”.

Repeal.

7. Regulations 14 and 15 of the Naval Establishments Regulations are repealed.

Heading to Part III

8. The heading to Part III. of the Naval Establishments Regulations is repealed and the following heading inserted in its stead:—

“Part III.—Duties of Officers and Employees.”.

Repeal.

9. Regulations 16, 17, 18, 19 and 20 of the Naval Establishments Regulations are repealed.

Punishment for offences.

10. Regulation 23 of the Naval Establishments Regulations is amended—

(a) by omitting from paragraph (f) the words “in accordance with regulation 7a of these Regulations” and inserting in their stead the words “upon his appointment as an officer”; and

(b) by omitting paragraph (v) and inserting in its stead the following paragraph:—

“(v) dismiss the officer.”.

Repeal.

11. Regulations 24 and 25 of the Naval Establishments Regulations are repealed.

Sequestration of estate.

12. Regulation 26 of the Naval Establishments Regulations is amended by omitting from sub-regulation (1.) the words “, in addition to compliance with the provisions of regulations 24 and 25,”.

Repeal.

13. Regulations 30, 31, 32, 33 and 38 of the Naval Establishments Regulations are repealed.

Repeal of Parts IV., V. and VI.

14. Parts IV, V. and VI of the Naval Establishments Regulations are repealed.

Repeal.

15. Regulation 103 of the Naval Establishments Regulations is repealed.

Repeal of Schedules.

16. The First, Third and Fourth Schedules to the Naval Establishments Regulations are repealed.

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