Naval Financial Regulations 1926 (Amendment) (Cth)

STATUTORY RULES.

1939. No. 28.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1934 AND THE NAVAL DEFENCE ACT 1910-1934.*

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 Defence Act 1903-1934 and the Naval Defence Act 1910-1934.

Dated this nineteenth day of April, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Naval Financial Regulations. 

1. Regulation 64 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Auxiliary Services—Rates of Active Pay.

“64.—(1) The consolidated rates of Active Pay of members of the Permanent Naval Forces (Auxiliary Services) shall be as specified in the following table:—

Rank, rating, appointment or position.	Rate per annum.		Increments.
	Minimum.	Maximum.
£	£
(a) Members of the Auxiliary Services other than members of the Shore Wireless Service and the Naval Dockyard Police.
Deputy Inspector of Naval Ordnance	900	1,050	Three annual increments of £50
Assistant Inspector of Naval Ordnance	800	900	Four annual increments of £25
Captain......................................................	..	826
Commander—
District Naval Officer— Queensland.......................... New South Wales............... Victoria................................. Western Australia...............	786	864	Three annual increments of £26
South Australia.........................	766	844	Three annual increments of £26
Commander..............................................	706	784	Three annual increments of £26
Lieutenant-Commander—
District Naval Officer— Tasmania............................. Northern Territory..............	616	720	Four annual increments of £26

* Notified in the Commonwealth Gazette on , 1939.—Forty-ninth amendment.

  Statutory Rules 1926, No. 198, as amended by Statutory Rules 1927, Nos. 23, 59 and 102; 1928, Nos. 18, 49, 87 and 138; 1929, Nos. 35, 64, 90 and 136; 1930, Nos. 30, 88 and 153; 1931, Nos. 52 and 97; 1932, Nos. 32, 33, 78 and 89; 1933, Nos. 5, 50, 100 and 130; 1934, Nos. 32, 44, 58, 108 and 118; 1935, Nos. 6, 27, 86, 110 and 135; 1936, Nos. 40, 70, 77, 118 and 159; 1937, Nos. 5, 51 and 80; and 1938, Nos. 17, 47, 66, 92, 116 and 121.

747.—9/27.3.1939.—Price 5d.

Rank, rating, appointment or position.	Rate per annum.		Increments.
	Minimum.	Maximum.
£	£
Lieutenant-Commander..........................	576	680	Four annual increments of £26
Lieutenant.................................................	475	550	Three annual increments of £25
Commissioned Officer from Warrant rank	390	450	Four annual increments of £15
Warrant Officer.........................................	325	375	Two annual increments of £15 and one of £20
Chief Petty Officer...................................	261	319	Three annual increments of £13 and one biennial increment of £19
Petty Officer..............................................	..	241	..
Boatman— 1st Class...........................................	..	248	..
2nd Class..........................................	..	241	..
3rd Class..........................................	..	215	..
4th Class...........................................	..	209	..
Shore Wireless Service.
(b) Members of the Shore Wireless Service.
Commander—
Officer-in-Charge...........................	786	864	Three annual increments of £26
Telegraphist Lieutenant-Commander	608	712	Four annual increments of £26
Telegraphist Lieutenant..........................	507	582	Three annual increments of £25
Commissioned Telegraphist...................	422	482	Four annual increments of £15
Warrant Telegraphist...............................	357	407	Two annual increments of £15 and one of £20
Chief Shore Wireless Operator..............	..	345	..
Shore Wireless Operator— Grade 1.............................................	261	333	Six annual increments of £12
Grade 2.............................................	237	249	One annual increment of £12
Grade 3.............................................	..	225	..
Shore Wireless Artificers—
Chief Engine Room Artificer Chief Electrical Artificer	..	345	..
Engine Room Artificer Electrical Artificer ..	261	333	Six annual increments of £12
Shore Wireless Petty Officer..................	225	333	One increment of £36 at end of first year and six annual increments of £12 thereafter
Shore Wireless Leading Seaman Shore Wireless Leading Stoker	215	241	One annual increment of £26
Shore Wireless Petty Officer Writer......	..	241	..
Shore Wireless Leading Writer..............	..	215	..
Shore Wireless Writer..............................	..	209	..
Naval Dockyard Police
(c) Members of the Naval Dockyard Police.
Sub-Inspector............................................	325	400	Two annual increments of £15, one of £20, and one long service increment of £25 after ten years’ service as Sub-Inspector
Sergeant—
1st Class...........................................	274	319	Two annual increments of £13, and one biennial increment of £19
2nd Class..........................................	258	266	One biennial increment of £8
Constable...................................................	209	248	One annual increment of £6, one of £26, and one long service increment of £7 after three years’ service in receipt of £241 per annum

 

(2) Except as otherwise prescribed in these Regulations, the rates of pay prescribed in sub-regulation (1) of this regulation shall be deemed to include allowances.

(3) Except as otherwise prescribed in this regulation, the rates of pay prescribed in sub-regulation (1) of this regulation for personnel of the Executive Branch shall apply to personnel of relative rank or rating in other branches of the Auxiliary Services.

(4) Except as otherwise prescribed in this regulation, the rate of pay of a member on appointment to the Auxiliary Services shall be the minimum rate prescribed in sub-regulation (1) of this regulation appropriate to his rank, rating, class, grade or appointment:

Provided that, where no minimum rate is prescribed, the rate of pay of a member on appointment to the Auxiliary Services shall be the maximum rate prescribed in sub-regulation (1) of this regulation appropriate to his rank, rating, class, grade or appointment.

(5) In the case of an appointment to the Auxiliary Services, other than the Shore Wireless Service, of an officer or a Chief Petty Officer with previous service in the Permanent Naval Forces (Sea-going), each completed year served on full pay on the active list of such forces (not including acting time) in the rank or rating equivalent to that to which he is appointed in the Auxiliary Services may be allowed to count for the purpose of determining his commencing rate of pay as if the time served in the Permanent Naval Forces (Sea-going) had been served in the Auxiliary Services. In a similar manner an officer appointed as a District Naval Officer may be allowed to count time served in the rank appropriate to such appointment for the purpose of determining his commencing rate of pay in the appointment of District Naval Officer.

(6) All continuous service in the Auxiliary Services of an officer appointed as a District Naval Officer in the rank appropriate to such appointment may be taken into account for the purpose of determining his rate of pay in such appointment:

Provided that time which for any reason did not qualify the officer for increments shall not be taken into account unless the Naval Board otherwise determines.

(7) In the case of an appointment to the Shore Wireless Service of an officer or rating with prior service in the Permanent Naval Forces (Sea-going) the commencing rate of pay shall be determined in accordance with the following conditions:—

(a) Officer personnel—Each completed year served by the officer on full pay in the Permanent Naval Forces (Sea-going) in the rank to which he is appointed in the Shore Wireless Service may be taken into account as if such time had been served in the Shore Wireless Service. In a similar manner an officer appointed as Officer-in-Charge, Shore Wireless Service, may be allowed to count time served in the rank appropriate to such appointment for the purpose of determining his commencing rate of pay as Officer-in-Charge, Shore Wireless Service.

(b) Petty Officers and men—A Petty Officer or man appointed from the Permanent Naval Forces (Sea-going) as a member of the inaugural personnel of the Shore Wireless Service shall receive the lowest rate of Active Pay within the scale prescribed in sub-regulation (1) of this regulation appropriate to the rating to which he is appointed in such Service which will ensure that he shall receive not less than the total of the following cash emoluments for which he was eligible in the Permanent Naval Forces (Sea-going) immediately prior to his appointment to the Shore Wireless Service, namely:—

(i) Active Pay;

(ii) Non-substantive Pay or Duty Allowance;

(iii) Good Conduct Badge Pay; and

(iv) Provision Allowance.

(8) In the case of an appointment to the Naval Dockyard Police of a rating with prior service in the Permanent Naval Forces (Seagoing) the commencing rate of pay shall be determined in accordance with the following scale:—

Substantive rating last held in Permanent Naval Forces (Sea-going).	Rate of pay on appointment to Naval Dockyard Police.
£
Chief Petty Officer, Acting Chief Petty Officer, Petty Officer, Acting Petty Officer, or equivalent rating.................................................................	241
Leading Seaman, Acting Leading Seaman, or equivalent rating.......	215
Able Seaman or equivalent rating..................................................	209

(9) Payment of increments prescribed in sub-regulation (1) of this regulation shall not be made without the prior approval of the Naval Board, and shall be subject to such conditions as the Naval Board determines.

(10) For the purpose of determining increments of Active Pay prescribed in sub-regulation (1) of this regulation time shall accrue from the date of the member’s appointment to the Auxiliary Services.

(11) An increment of pay shall not be granted to a member before he has completed the appropriate period of service prescribed in sub-regulation (1) of this regulation.

(12) Time served in an acting capacity shall not count for the purpose of increments of pay.”.

2. Regulation 65a of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Special Duty Allowance.

“65a. A Chief Shore Wireless Operator or a Shore Wireless Operator may be paid Special Duty Allowance at the rate of 6d. per day while employed on special duties, as determined by the Naval Board.”.

3. Regulation 72 of the Naval Financial Regulations is repealed and the following regulations inserted in its stead:—

Outfit gratuities on first appointment.

“72.—(1) Except as prescribed in sub-regulation (2) of this regulation, a person appointed to the Auxiliary Services either direct from the shore or by permanent transfer from the Permanent Naval Forces (Sea-going) or other Naval Forces shall not be eligible for any outfit gratuity on appointment:

Provided that where such appointment involves a change in the class of uniform previously worn by a rating, the Captain or Officer-in-Charge (as the case may be) may approve of payment to the rating of an amount representing the value, at current rates, of the articles of kit in the compulsory kit of the new rating, as fixed by the Naval Board, which are not also included in the compulsory kit of the rating he last held.

(2) A person appointed to the Naval Dockyard Police shall, on first appointment, be provided at Commonwealth expense with uniform as approved by the Naval Board, or may, in lieu of such uniform, be paid an outfit gratuity in accordance with the following scale:—

£
Sub-Inspector......................................................	25
Sergeant..............................................................	7
Constable............................................................	5.

Kit Upkeep Allowance.

“72a. Kit Upkeep Allowance at the rate of 6d. per day shall be paid to ratings of the Auxiliary Services. The allowance shall be paid in respect of periods of detention, but shall not be paid in respect of periods of imprisonment, confinement in cells or sick leave granted without pay.”.

4. Regulation 73 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Outfit gratuities on promotion or change of class of uniform.

“73.—(1) Except as prescribed in sub-regulation (2) of this regulation, outfit gratuities in accordance with the following scale shall be payable to members of the Auxiliary Services, other than the Shore Wireless Service, who, subsequent to appointment thereto, are promoted, or are required to change the class of uniform worn by them:—

Alteration in or change of uniform.	Amount of gratuity.
(a) On promotion to—
Lieutenant.......................................................................	£25
Commissioned Officer from Warrant rank.........................	Cost of epaulettes and necessary alterations in distinctive lace for compulsory kit
Warrant Officer...............................................................	£25
(b) On change of uniform— From Class II. to Class I...................................................
	£10
From Class II. to Class III.................................................	£8
From Class III. to Class II.................................................	£9

(2) A gratuity shall not be payable to a member in pursuance of sub-regulation (1) of this regulation on change of uniform from Class II. to Class III. or from Class III. to Class II. where the change made is due to the transfer of the member either at his own request or in consequence of misconduct.

(3) Members of the Shore Wireless Service may be paid outfit gratuities on promotion or on necessary change in class of uniform at the rates and under the conditions prescribed in these Regulations for members of corresponding rank or rating in the Permanent Naval Forces (Sea-going).

(4) Where a Petty Officer or man of the Auxiliary Services is transferred, owing to unsuitability for the rating held, to another rating, and such transfer involves change in class of uniform, he shall be paid the appropriate outfit gratuity prescribed in these Regulations, but the articles in the compulsory kit of his former rating no longer required in the rating to which he is transferred shall be returned to store.”.

5. Regulation 74 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Deferred Pay.

“74.—(1) Subject to the conditions prescribed in this regulation, Deferred Pay in accordance with the scale prescribed in sub-regulation (8) of this regulation shall be allowed to accumulate to the credit of every officer and man serving in the Permanent Naval Forces (Auxiliary Services).

(2) Interest at the rate of 3½ per cent. shall be credited on the thirtieth day of June in each year on the amount of accumulated Deferred Pay standing to the credit of each member on the thirtieth day of June in the preceding year, but a full year’s interest shall be allowed only on an amount which has stood to the credit of a member for a full year interest added to a member’s Deferred Pay account shall be considered as part of his accumulated Deferred Pay and shall bear interest accordingly.

(3) In the event of any member or his estate becoming entitled to receive Deferred Pay as prescribed in these Regulations, interest at the rate of 3½ per cent. per annum on the amount of accumulated Deferred Pay standing to the credit of the member on the thirtieth day of June prior to the date on which he or his estate became so entitled to payment of Deferred Pay shall be allowed from the first day of July to the end of the month in which payment of the Deferred Pay becomes due, or to the end of the month in which the member is discharged, whichever is the earlier.

(4) Except as provided in sub-regulation (5) of this regulation, Deferred Pay and interest shall become payable upon a member’s final discharge from the Active List of the Auxiliary Services or, subject to the provisions of sub-regulation (13) of this regulation, upon the death of the member whilst serving.

(5) Payment of Deferred Pay in pursuance of this regulation shall not be made to or in respect of any member—

(a) who deserts;

(b) who is dismissed with disgrace;

(c) who is dismissed;

(d) who is discharged “Services no longer required”;

(e) whose services are dispensed with on account of misconduct;

(f) who is invalided for a cause due to misconduct or within his own control; or

(g) who, being an officer, either resigns or voluntarily retires from the Active List before he has completed four years’ service as a Commissioned Officer or Warrant Officer on the Active List:

Provided that, in the case of any member to whom the provisions of paragraph (a), (d), (e), or (f) of this sub-regulation apply, the Naval Board may in special circumstances restore or approve payment of, as the case may be, the whole or any portion of the Deferred Pay which but for such provisions would have been payable, but in the case of a deserter restoration in whole or in part may be approved only after the notation in regard to desertion on the member’s service record has been expunged.

(6) Deferred Pay shall not be credited in respect of any period on the half-pay list.

(7) Except as otherwise prescribed, the full rate of Deferred Pay shall be credited for each day in respect of which Active Pay (at either the full or a reduced rate) is payable.

(8) The following shall be the daily rates of Deferred Pay credit for personnel of the Auxiliary Services:—

s.	d.
(a) Chief Petty Officers, Petty Officers and men—
Able Seaman.....................................................................................	1	9
Leading Seaman................................................................................	2	0
Petty Officer......................................................................................	2	3
Chief Petty Officer.............................................................................	2	7
after 6 years..................................................................................	2	10
Boatman—
4th Class.......................................................................................	1	9
3rd Class.......................................................................................	2	0
2nd Class or 1st Class....................................................................	2	3
Naval Dockyard Police—
Constable—
In receipt of Active Pay of £209 per annum....................................	1	9
In receipt of Active Pay of £215 per annum....................................	2	0
In receipt of Active Pay of £241 per annum, or over........................	2	3
Sergeant 2nd Class............................................................................	2	3
after 2 years..................................................................................	2	7
Sergeant 1st Class..............................................................................	2	7
after 6 years..................................................................................	2	10
(b) Officers—
Warrant Officer.................................................................................	3	0
Commissioned Officer from Warrant rank...........................................	3	0
after 3 years..................................................................................	3	3
Lieutenant promoted from Warrant rank..............................................	4	0
Lieutenant (other than Lieutenant promoted from Warrant rank)...........

3	0
after 4 years..................................................................................	3	9
Lieutenant-Commander......................................................................	4	6
after 3 years..................................................................................	5	0
Commander.......................................................................................	6	0
after 3 years..................................................................................	7	6
after 6 years..................................................................................	8	0

 

(b) Officers—continued.	s.	d.
Captain..............................................................................................	9	3
after 3 years..................................................................................	9	6
Assistant Inspector of Naval Ordnance................................................	4	6
after 3 years..................................................................................	5	0
Assistant Inspector of Naval Ordnance if of the rank of Commander on appointment	6	0
after 3 years.............................................................................	7	6
after 6 years.............................................................................	8	0
Deputy Inspector of Naval Ordnance...................................................	6	0
after 3 years..................................................................................	7	6
after 6 years..................................................................................	8	0
Sub-Inspector, Naval Dockyard Police................................................	3	0
after 13 years................................................................................	3	3

(9) The rates of Deferred Pay prescribed in sub-regulation (8) of this regulation for personnel of the Executive Branch shall be the rates payable to the personnel of relative rank or rating in other Branches of the Auxiliary Services.

(10) In determining the rate of Deferred Pay to be credited to a member in respect of his rank or rating in the Auxiliary Services, his seniority in that rank or rating in the Permanent Naval Forces (Seagoing) may be taken into consideration.

(11) In determining the rate of Deferred Pay to be credited to a Deputy Inspector of Naval Ordnance the seniority of the officer as a Commander in the Permanent Naval Forces (Sea-going) may be taken into consideration. In determining the rate of Deferred Pay to be credited to an Assistant Inspector of Naval Ordnance the seniority of the officer as a Commander or a Lieutenant-Commander in the Permanent Naval Forces (Sea-going) may be taken into consideration.

(12) The amount of Deferred Pay which may be paid to an officer of the Auxiliary Services who is transferred thereto from the Permanent Naval Forces (Sea-going) shall not exceed the amount which would have accumulated to his credit had he remained in such Forces and attained therein a rank equivalent to the rank held by him in the Auxiliary Services. Subject to the provisions of this sub-regulation, the Naval Board shall determine the maximum amount of Deferred Pay payable to the officer.

(13) In the event of the death of a member whilst serving, Deferred Pay may be paid to his legal representative except where the member is survived by a widow or dependent children or by a widow and dependent children.

(14) When a deceased member is survived by a widow or dependent children or by a widow and dependent children, Deferred Pay due to the member may be paid to them in such proportions and under such conditions as the Naval Board determines. The amount payable in respect of an infant dependent child may be paid on behalf of such child to the widow or such other person as the Naval Board directs. The receipt of the person to whom payment is made on behalf of an infant dependent child shall constitute an absolute discharge to the Commonwealth in respect of the payment of the amount determined as the proportion payable to such child.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.