Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1962. No. 22.

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REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1952.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1952.

Dated this Fifth day of March, 1962.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

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AMENDMENT OF THE NAVAL FINANCIAL REGULATIONS. 

After regulation 132 of the Naval Financial Regulations the following regulation is inserted:—

Deductions from pay in respect of loss or damage caused by negligence or misconduct.

“132A.—(1.) Subject to the succeeding provisions of this regulation, where loss of money, stores or other property of the Commonwealth, or damage to any property of the Commonwealth, has occurred and the Naval Board, after due investigation, is satisfied that the loss or damage was caused, or contributed to, by the negligence or misconduct of a member, the Naval Board may order that such sum, not exceeding Fifty pounds, as is specified in the order be recovered from him, as or towards reimbursement of the Commonwealth for the loss or damage, by means of such deductions as are specified in the order, from moneys that are or become due to him by the Commonwealth in respect of his service, and the sum so directed to be recovered, less the amount of any payment made by the member on account of that sum, may be recovered by deductions accordingly.

“(2.) In a case where the negligence or misconduct of the member was not the sole cause of the loss or damage, the sum specified in the order shall not exceed such amount as the Naval Board considers just and equitable, having regard to the member’s share of responsibility for the loss or damage.

“(3.) The Naval Board shall not under this regulation direct the deduction from the pay and allowances payable periodically to a member during his service of an amount that exceeds one-half of his active pay.

 

* Notified in the Commonwealth Gazette on 15th March,1962.

  Statutory Rules 1956, No. 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No. 53; and 1961, Nos. 5, 12. 24, 33, 45, 78, 90, 96 and

9530/61.—PRICE 3D. 16/26.1.1962.

 

“(4.) An order shall not be made under this regulation unless the member concerned has been notified that it is proposed to make such an order and of the reason for the proposal and has been given an opportunity to show any reason why the order should not be made.

“(5.) An order shall not be made under this regulation if, in proceedings before a naval tribunal, the tribunal—

(a) has acquitted the member in circumstances involving a finding that he was not guilty of the misconduct or negligence in question; or

(b) has ordered him to pay any sum of money by way of compensation to the Commonwealth in respect of the loss or damage in question or for making good that loss or damage,

but, otherwise, the fact that any such proceedings have been brought in respect of that misconduct or negligence does not prevent the making of an order under this regulation.

“(6.) The powers and functions conferred on the Naval Board by the preceding provisions of this regulation may be exercised and performed by an officer authorized by the Naval Board to exercise and perform those powers and functions either generally or in the particular case.

“(7.) Where an order under this regulation is made by an authorized officer, the Naval Board shall, upon an application by the member concerned made within twenty-one days after the making of the order or such further period as the Naval Board allows, review the matter and may—

(a) confirm the order;

(b) cancel the order; or

(c) vary the order so that a lesser sum is recoverable by the Commonwealth from the member.

“(8.) If a member is aggrieved by an order under this regulation, whether or not varied under the last preceding sub-regulation, he may, within three months after the making of the order or the decision of the Naval Board on a review, appeal to the Governor-General, who shall, after such investigation as he considers appropriate—

(a) confirm the order or the order as varied, as the case may be;

(b) cancel the order; or

(c) vary the order, or the order as previously varied, so that a lesser sum is recoverable by the Commonwealth from the member.

“(9.) Where any sum is recovered from a person in accordance with this regulation in respect of any loss or damage, the liability of that person to the Commonwealth in respect of that loss or damage is reduced by that sum.

“(10.) In this regulation—

(a) a reference to loss of money of the Commonwealth does not include the making of a payment by the Commonwealth by way of damages or compensation; and

 

(b) ‘naval tribunal’ means a court-martial, a disciplinary court or an officer exercising power to try summarily and punish an offence against naval law.

“(11.) Subject to sub-regulation (9.) of this regulation, nothing contained in, or done under, this regulation affects any right or remedy of the Commonwealth apart from this regulation.

“(12.) The provisions of this regulation have full force and effect notwithstanding the provisions of any other regulation made under the Naval Defence Act 1910-1952 or of the Queen’s Regulations and Admiralty Instructions in their application to the Naval Forces.”.

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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.