Naval Financial Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 201

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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 eighth day of December, 1969.

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 Financial Regulations 

Classification into groups.

1. Regulation 32 of the Naval Financial Regulations is amended by omitting from sub-regulation (2.) the words “next succeeding sub-regulation” and inserting in their stead the words “regulation 6a of these Regulations in its application to the determination”.

Higher duties allowance.

2.—(1.) Regulation 113 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“113.—(1.) The Naval Board may determine the rate per day that is, for the purpose of the next succeeding sub-regulation, to be deemed to be the rate applicable to a position on the complement of a ship or naval establishment in relation to a class of members specified in the determination in relation to the position.

“(2.) Subject to such conditions as the Naval Board determines, where—

(a) a member included in a class of members specified in a determination under the last preceding sub-regulation in relation to a position on the complement of a ship or naval establishment performs, in circumstances determined by the Naval Board to be circumstances to which this regulation applies, temporarily the full duties of the position; and

(b)the rate per day that is to be deemed to be the rate applicable to the position in relation to the class of members exceeds the rate per day at which active pay is payable to the member under these Regulations,

an allowance, called ‘higher duties allowance’, is payable to the member at a rate per day equal to the amount of the excess.

“(3.) Where higher duties allowance is payable to a member in relation to the performance of the duties of a position, the allowance is payable for such period, which may include a period during which the member is not performing the duties of the position, as the Naval Board determines.

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* Notified in the Commonwealth Gazette on 1969.

  Statutory Rules 1956, No. 88 as amended to date. For previous amendments of the Naval Financial Regulations, see footnote to Statutory Rules 1969, No. 5, and see also Statutory Rules 1969, No. 5, 41 and

20353/69—Price 10c 10/6.11.1969

“(4.) Where an officer who is not in receipt of active pay at a consolidated rate of pay performs temporarily the full duties of a position in respect of which there is in force a declaration under the next succeeding sub-regulation, the rate per day at which active pay is payable to the officer shall, for the purpose of paragraph (b)of sub-regulation (2.) of this regulation, be deemed to be a rate per day equal to the sum of the respective rates per day at which active pay and any allowances payable to the officer under Part II., Division 1 of Part IV, or Part IX. are payable to the officer.

“(5.) Where the Naval Board is satisfied that the duties of a position on the complement of a ship or naval establishment would ordinarily be performed by an officer in receipt of active pay at a consolidated rate of pay, the Naval Board may, by instrument in writing, declare the position to be a position to which the last preceding sub-regulation applies.

“(6.) For the purpose of paragraph (b)of sub-regulation (2.) of this regulation, the rate per day at which active pay is payable to an officer who is in receipt of active pay at a consolidated rate of pay is the rate ascertained by dividing his consolidated rate of pay by three hundred and sixty-five.”.

(2.) In the succeeding sub-regulations of this regulation, “the relevant period” means the period from and including the first day of July, 1969, to and including the day immediately before the date of commencement of these Regulations.

(3.) Where a member of the Permanent Naval Forces was not in receipt of higher duties allowance in respect of a day in the relevant period but would have been entitled to be paid higher duties allowance in respect of that day if regulation 113 of the Naval Financial Regulations as amended by these Regulations and the first determinations made by the Naval Board for the purpose of that regulation had been in force on that day, the member is, by virtue of this sub-regulation, entitled to be paid higher duties allowance as if that regulation and those determinations had been in force on that day.

(4.) Where a member of the Permanent Naval Forces was in receipt of higher duties allowance in respect of a day in the relevant period and the amount of higher duties allowance that would have been payable to him in respect of that day if regulation 113 of the Naval Financial Regulations as amended by these Regulations and the first determinations of the Naval Board made for the purpose of that regulation had been in force on that day exceeds the amount of higher duties allowance paid or payable to him under the Naval Financial Regulations as in force on that day, the member is, by virtue of this sub-regulation, entitled to be paid an amount equal to the excess.

(5.) In the last two preceding sub-regulations, references to the first determinations made by the Naval Board for the purpose of regulation 113 of the Naval Financial Regulations as amended by these Regulations shall be read as references to the first determinations made for the purpose of sub-regulations (1.), (3.) and (5.), respectively, of that regulation, the first determination determining conditions for the purpose of sub-regulation (2.) of that regulation and the first determination determining the circumstances to which paragraph (a) of sub-regulation (2.) of that regulation applies.

Shipboard allowance.

3.—(1.) Regulation 210 of the Naval Financial Regulations is amended by omitting from sub-regulation (1.) the words “Ten shillings (sterling)” and inserting in their stead the words “Two dollars”.

(2.) Shipboard allowance is payable, in accordance with regulation 210 of the Naval Financial Regulations as amended by the last preceding sub-regulation, in respect of travel to which that regulation applies on or after the sixth day of June, 1968.

Active pay—general provisions.

4. Regulation 264 of the Naval Financial Regulations is amended by omitting sub-regulation (2a,).

Active pay—general provisions.

5. Regulation 267 of the Naval Financial Regulations is amended by omitting sub-regulations (2.), (3.), (4.) and (5.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the next succeeding sub-regulation, where an officer renders continuous full time naval service to which this regulation applies, the rate of active pay of the officer in respect of that service is the rate that would be applicable under these Regulations if the officer were an officer of the Permanent Naval Forces who has a pay seniority of less than six months.

“(3.) The rate of active pay of an officer of the Chaplain’s Branch of the Citizen Naval Forces who renders continuous full time naval service to which this regulation applies is the rate applicable under these Regulations to an officer of the Chaplain’s Branch of the Permanent Naval Forces who has a pay seniority of less than one year.

“(4.) Where a man who holds a particular rating and is included in a particular group renders continuous full time naval service to which this regulation applies, the rate of active pay of the man in respect of that service is the rate that would be applicable under these Regulations if the man were a man of the Permanent Naval Forces who holds the like rating, is included in the like group and has a pay seniority of less than one year.

“(5.) For the purpose of the last preceding sub-regulation, a man shall be taken to be included in the group in which are included men of the Permanent Naval Forces who hold the rating and qualifications that the man holds, who are members of the Branch of which the man is a member and who are included in the Category of the Branch in which the man is included.”.

General conditions of service.

6. Regulation 269 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The provisions of Parts V., VI. (other than regulations 134, 136 and 149), VIII., X. (other than regulations 212, 213, 214 and 215 and Divisions 5 and 6), XI. and XII., and of regulations 88a, 175, 176, 177, 181 and 182 of these Regulations, apply to and in relation to the service of a member to which regulation 267 of these Regulations applies as if that service were service in the Permanent Naval Forces of a member of the Permanent Naval Forces having the like rank or rating as the member has.”.

Active pay—officers.

7. Regulations 272 and 273 of the Naval Financial Regulations are repealed and the following regulations inserted in their stead:—

“272.—(1.) Subject to the next succeeding sub-regulation, where an officer renders naval service, the rate of active pay of the officer in respect of that service is the rate that would be applicable under these Regulations if the officer were an officer of the Permanent Naval Forces who has a pay seniority of less than six months.

“(2.) The rate of active pay of an officer of the Chaplain’s Branch of the Citizen Naval Forces who renders naval service is the rate applicable under these Regulations to an officer of the Chaplain’s Branch of the Permanent Naval Forces who has a pay seniority of less than one year.

Active pay—men.

“273.—(1.) Where a man who holds a particular rating and is included in a particular group renders naval service, the rate of active pay of the man in respect of that service is the rate that would be applicable under these Regulations if the man were a man of the Permanent Naval Forces who holds the like rating, is included in the like group and has a pay seniority of less than one year.

“(2.) Where a man is a member of a Branch, or is included in a Category of a Branch, and that Branch or Category includes men of the Permanent Naval Forces, the group in which the man is to be taken to be included for the purpose of the last preceding sub-regulation is the group in which are included men of the Permanent Naval Forces who hold the rating and qualifications that the man holds, who are members of the Branch of which the man is a member and who are included in the Category of that Branch in which the man is included.

“(3.) Where men are members of a Branch, or are included in a Category of a Branch, and the Branch or Category does not include any men of the Permanent Naval Forces, the Naval Board may determine that such of those men as are—

(a) men of a particular Branch;

(b) men included in a particular Category of a particular Branch;

(c) men who hold a particular rating and are included in a particular Category of a particular Branch; or

(d) men who have particular qualifications, hold a particular rating and are included in a particular Category of a particular Branch, shall, for the purpose of sub-regulation (1.) of this regulation, be taken to be included in a particular group.

“(4.) A determination under the last preceding sub-regulation may be expressed to take effect from the first day of March, 1968, or any subsequent date not earlier than two years before the date on which it is made, whichever is the later date, and, if it is expressed to take effect from any date except the date on which it is made, men to whom it applies are, subject to regulation 6a of these Regulations in its application to the determination, entitled to be paid active pay as if—

(a) it had been made on the date from which it is expressed to take effect;

(b) it had come into force immediately it had been made;

(c) the amendments of the Naval Financial Regulations effected by Statutory Rules 1968, No. 152 had come into force on the first day of March, 1968; and

(d)the amendments of the Naval Financial Regulations effected by Statutory Rules 1969, No. 41, had come into force on the twenty-fifth day of October, 1968.

“(5.) Paragraph (a) of sub-regulation (3.) of regulation 6a of these Regulations does not apply to or in relation to a determination made under the last preceding sub-regulation.

“(6.) For the purpose of ascertaining the rate that would be applicable to a man of the Naval Emergency Reserve Forces or Citizen Naval Forces if he were a man of the Permanent Naval Forces, a reference in sub-regulation (5.) or (6.) of regulation 31 of these Regulations to the Permanent Naval Forces shall be read as a reference to the Naval Emergency Reserve Forces or the Citizen Naval Forces, as the case may be.

“(7.) The daily rate of active pay of a man who holds the rating of Recruit or Ordinary Seaman, in respect of naval service rendered by him, is the rate specified in the Fifth Schedule to these Regulations in relation to a man of the Permanent Naval Forces holding the rating of Able Seaman and included in Group 1.”.

General conditions of service.

8. Regulation 281 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“281.—(1.) Except as expressly provided by this Part, the provisions of Parts V,. VI. (other than regulations 134, 135, 135a, 135b, 136 and 149), VIII.,

X. (other than regulations 212, 213, 214 and 215 and Divisions 5 and 6), XL and XII., and of regulations 175, 176, 181 and 182 of these Regulations, apply to and in relation to naval service for a period of more than one day rendered by an officer or man.

“(2.) Except as expressly provided by this Part, the provisions of regulations 132a, 137, 138, 139, 140, 142, 181, 182, 185, 196, 197 and 211 of these Regulations and of Parts XL and XII. apply to and in relation to naval service for a period of one day or less rendered by an officer or man.”.

Sixteenth Schedule.

9.The Sixteenth Schedule to the Naval Financial Regulations is repealed and the following Schedule inserted in its stead:—

SIXTEENTH SCHEDULE  Regulations 259c, 259d.

Rates of Active Pay—Female Members of the Citizen Naval Forces when Not Entitled to Active Pay under Regulation 259

Table 1.—Officers

Rank	Rate per day
$
Third Officer.............................................................................................................................................................	6.78
Second Officer..........................................................................................................................................................	8.50
First Officer...............................................................................................................................................................	11.36

Table 2.—Servicewomen

Rating	Rate per day
$
Wran...........................................................................................................................................................................	3.54
Leading Wran...........................................................................................................................................................	4.08
Petty Officer Wran..................................................................................................................................................	5.02
Chief Petty Officer Wran.......................................................................................................................................	5.33

Seventeenth Schedule.

10. The Seventeenth Schedule to the Naval Financial Regulations is repealed.

Application—Women’s Royal Australian Naval Service Reeve.

11.—(1.) The rates of pay specified in Table 1 in the Sixteenth Schedule to the Naval Financial Regulations as amended by these Regulations apply to and in relation to naval service, other than continuous full time naval service, rendered, on or after the fourth day of July, 1969, by a member, within the meaning of Division 2 of Part XIV. of the Naval Financial Regulations, who held the rank of Third Officer, Second Officer or First Officer.

(2.) The rate of pay applicable in relation to naval service, other than continuous full time naval service, rendered, during the period from and including the twenty-fifth day of October, 1968, to and including the third day of July, 1969, by a member, within the meaning of Division 2 of Part XIV. of the Naval Financial Regulations, who held the rank of Third Officer, Second Officer or First Officer is the rate set out in the following table in relation to the rank that the member held in lieu of the rate that was, during that period, set out in Table 1 of the Sixteenth Schedule to the Naval Financial Regulations in relation to the rank that the member held: —

Rank	Rate per day
$
Third Officer......................................................................................................................................................	6.30
Second Officer...................................................................................................................................................	7.77
First Officer........................................................................................................................................................	10.40

(3.) The rates of pay specified in Table 2 in the Sixteenth Schedule to the Naval Financial Regulations as amended by these Regulations apply to and in relation to naval service, other than continuous full time naval service, rendered, on or after the twenty-fifth day of October, 1968, by a member, within the meaning of Division 2 of Part XIV. of the Naval Financial Regulations, who held the rating of Wran, Leading Wran, Petty Officer Wran or Chief Petty Officer Wran.

Application—Naval Emergency Reserve Forces and Citizen Naval Forces.

12.—(1.) In this regulation—

“man” and “officer” have the same respective meanings as in Part XVI.

of the Naval Financial Regulations;

“naval service” means naval service other than continuous full time naval service.

(2.) The rates of active pay applicable to naval service by virtue of regulations 272 and 273 of the Naval Financial Regulations as amended by these Regulations apply to and in relation to naval service rendered by an officer, or by a man holding the rating of Ordinary Seaman or Recruit, on or after the twenty-fifth day of October, 1968.

Special payments.

13.—(1.) In this regulation—

“authorized person” means a member of the Naval Forces or officer of the Department of the Navy authorized by the Naval Board to make determinations under sub-regulation (3.) of this regulation;

“man” means a male person enlisted in the Naval Emergency Reserve Forces or in the Citizen Naval Forces and holding the rating of Chief Petty Officer or a lower rating, other than such a person holding the rating of Ordinary Seaman or Recruit;

“naval service” means naval service other than continuous full time naval service.

(2.) In this regulation, a reference to a man’s naval service during the relevant period shall be read as a reference to the man’s naval service rendered during the period from and including the first day of March, 1968, to and including the day immediately before the commencement of these Regulations.

(3.) Where the Naval Board or an authorized person is satisfied that an amount equal to the sum of the active pay and allowances that a man would have received in respect of his naval service during the relevant period if he had been entitled to be paid active pay and allowances during that period in accordance with the provisions of the Naval Financial Regulations as amended by these Regulations would have exceeded an amount equal to the sum of the active pay and allowances paid or payable to the man in respect of his naval service during the relevant period, the Naval Board, or the authorized person, as the case may be, shall determine the amount of the excess.

(4.) In calculating the amount of active pay that a man would have received in respect of his naval service during the relevant period if he had been entitled to be paid active pay in accordance with the provisions of the Naval Financial Regulations as amended by these Regulations, the Naval Board, or the authorized person, as the case may be, shall assume—

(a)that the amendments of the Naval Financial Regulations effected by Statutory Rules 1968, No. 152, had come into operation on the first day of March, 1968;

(b)that the amendments of the Naval Financial Regulations effected by Statutory Rules 1969, No. 41, had come into operation on the twenty-fifth day of October, 1968;

(c)that the amendments of the Naval Financial Regulations effected by Statutory Rules 1969, No. 119, had come into operation on the fourth day of July, 1969; and

(d)that a determination made by the Naval Board, for the purpose of a provision of the Naval Financial Regulations on or after the fifth day of December, 1968, being a determination relating to or affecting the active pay of a man of the Permanent Naval Forces holding a rating higher than the rating of Able Seaman, Second Class, had come into operation on the day on which or as from which, as the case may be, the determination came into operation in relation to men of the Permanent Naval Forces.

(5.) Where the Naval Board or an authorized person determines an amount in respect of a man under sub-regulation (3.) of this regulation, an amount equal to that amount is, by virtue of this sub-regulation, payable to the man as active pay.

                                     

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