Naval Financial Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 106

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*

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 1910-1971.

Dated this thirty-first day of May, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of the

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations 

Parts.

1. Regulation 3 of the Naval Financial Regulations is amended by omitting the words—

“Division 5.—Allowances to Establishments (Regulations 292-294).”.

Allowances.

2. Regulation 274 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) An allowance of a kind referred to in sub-regulation (1) is not payable to a member in respect of a period, being a period of less than one day, of naval service rendered by him.”.

Credit of pay and allowances.

3. Regulation 276 of the Naval Financial Regulations is amended by omitting sub-regulation (5.).

4. Regulation 286 of the Naval Financial Regulations is repealed and the following regulation substituted:—

Training fee.

“286. (1) In this regulation—

‘certificate of competency’ means a certificate of competency granted under Division 3 of Part II of the Navigation Act 1912-1972, and includes—

(a) a certificate of service granted under that Division; and

(b) a certificate that is, by virtue of section 22 of that Act, to be recognised for the purposes of that Act as if it were a certificate of competency or a certificate of service granted under that Division;

‘officer’ means an officer of the Naval Reserve who is ordinarily employed in a ship to which the Navigation Act 1912-1972 applies in the capacity of master, mate or engineer;

 

* Notified in the Commonwealth Gazette on 7 June 1973.

  Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations see footnote  to Statutory Rules 1973, No. 81, and see also Statutory Rules 1973, No. 81. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended).

‘the Naval Reserve’ means the Royal Australian Naval Reserve;

‘the prescribed provisions’ means sub-section (1) of section 32a of the Act and sub-regulation 201 (1) of the Naval Forces Regulations.

“(2) Subject to the succeeding sub-regulations of this regulation, where, during a training year, an officer completes naval service amounting in the aggregate to twenty weeks, being the naval service that he is bound to render by virtue of the prescribed provisions, a training fee is payable to the officer in relation to that training year.

“(3) Subject to the succeeding sub-regulations of this regulation, a training fee is payable to an officer who has completed the naval service referred to in sub-regulation (2) in relation to each training year after the training year in which he completed that naval service.

“(4) Where, during a training year, an officer does not render any of the naval service that he is bound to render by virtue of the prescribed provisions, and the officer did not render any naval service that he is bound to render under the prescribed provisions in either of the last two preceding training years, a training fee is not payable to the officer in relation to that first-mentioned training year under sub-regulation (3).

“(5) Where a training fee is payable to an officer in relation to a training year, the fee is payable to the officer in respect of his service in the Naval Reserve during that training year at the rate of—

(a) if the officer holds the rank of Lieutenant or a higher rank—Seventy dollars per year; or

(b) if the officer holds the rank of Sub-Lieutenant—Sixty dollars per year.

“(6) For the purpose of calculating the amount of training fee payable to an officer in respect of his service in the Naval Reserve during a training year, an officer shall be deemed not to be serving in the Naval Reserve during any part of the training year during which—

(a) he is rendering continuous full time naval service under sub-section 32a (3) of the Act;

(b) he is rendering continuous full time naval service under section 50b of the Defence Act 1903-1970;

(c) his certificate of competency is suspended; or

(d) he ceases to be an officer to whom the prescribed provisions apply.

“(7) Notwithstanding sub-regulation (6) where, during a training year, an officer renders continuous full time naval service under section 50b of the Defence Act 1903-1970, the naval service so rendered shall, for the purpose of calculating the training fee (if any) payable to the officer in relation to that training year, be deemed to be naval service that the officer is bound to render by virtue of the prescribed provisions.

“(8) Where, during a training year, an officer ceases to be an officer to whom the prescribed provisions apply and the officer has not rendered any naval service during that training year or during the immediately preceding training year, a training fee is not payable to the officer in respect of his service in the Naval Reserve during that first-mentioned training year unless the officer’s failure to render any such naval service was due to circumstances outside the officer’s control.”.

Repeal.

5. Division 5 of Part XVI of the Naval Financial Regulations is repealed.

Second Schedule.

6.