Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES.

1955. No. 49.

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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 30th day of June, 1955.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

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Amendment of the Naval Financial Regulations. 

Regulation 143a of the Naval Financial Regulations is repealed andthe following regulation inserted in its stead:—

Liability of members for loss, damage or expense caused to the Commonwealth by their neglect or misconduct.

“143a.—(1.) Where—

(a) the Commonwealth has suffered or incurred loss, damage or expense; or

(b)there is a deficiency in the stores or materials of the Commonwealth which is not accounted for to the satisfaction of the Naval Board,

and the Naval Board considers that the loss, damage, expense or deficiency has been caused or contributed to by—

(c) the neglect or misconduct of a member; or

(d)the failure of a member to comply with, or a contravention by a member of, the Defence Act or the Naval Defence Act 1910-1952, a regulation made under either or both of those Acts or a lawful order or instruction,

the member shall be liable to pay to the Commonwealth such amount, not exceeding an amount which the Naval Board considers sufficient to

* Notified in the Commonwealth Gazette on , 1955.

  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; 1938, Nos. 17, 47, 66, 92, 116 and 121; 1939, Nos. 28, 53, 70, 71 and 131; 1940, Nos. 3, 124, 209, 225 and 254; 1941, Nos. 22, 89, 152, 285 and 308; 1942, Nos. 27, 95, 116, 117, 284, 336 and 544; 1943, No. 217; 1944, Nos. 10, 27, 37, 95, 96, 102, 121, 141 and 163; 1945, Nos. 22, 43, 93, 151, 157 and 172; 1946, Nos. 8 and 31; 1947, No. 120; 1948, No. 89; 1950, Nos. 7 and 12; 1951, No. 44; and 1952, No. 17.

3194/55.—Price 3d. 10/23.6.1955.

reimburse the Commonwealth for the loss, damage, expense or deficiency and any expenditure incurred by the Commonwealth as a result of the loss, damage, expense or deficiency as the Naval Board directs to be paid by the member.

“(2.) In determining the amount payable by a member under this regulation, the Naval Board shall take into consideration—

(a) the gravity of the member’s neglect, misconduct, failure or contravention;

(b) the extent to which that neglect, misconduct, failure or contravention caused or contributed to the loss, damage, expense or deficiency;

(c) the rate of pay of the member; and

(d) any other relevant matters.

“(3.) An amount which the Naval Board directs under this regulation to be paid by a member shall be deemed to be a debt due and payable by the member to the Commonwealth and, without prejudice to the right of the Commonwealth to recover the amount by other means, may be deducted in such instalments, and in such manner, as the Naval Board directs from the pay, allowances and other moneys which are, or which become, payable to the member by the Commonwealth under the Defence Act or the Naval Defence Act 1910-1952.

“(4.) The powers and functions conferred on the Naval Board by the preceding provisions of this regulation may be exercised and performed by the Commanding Officer of a member in any case in which the loss, damage, expense or deficiency does not exceed Ten pounds.

“(5.) Where the Commanding Officer of a member has directed that an amount be paid to the Commonwealth by a member, the Naval Board may review the direction and may—

(a) confirm the direction;

(b) cancel the direction;

(c) direct that an amount or being an amount not exceeding Ten pounds, be paid to the Commonwealth by the member.

“(6.) A direction of a Commanding Officer made in pursuance of sub-regulation (4.) of this regulation shall, for the purposes of this regulation, have the same force and effect as a direction of the Naval Board.”.

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Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.