Naval Forces Amendment Regulations 2002 (No. 1) (Cth)
Naval Forces Amendment Regulations 2002 (No. 1) 1
Statutory Rules 2002 No. 52 2
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Naval Defence Act 1910. Dated 14 March 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
DANNA VALE
Minister for Veterans’ Affairs
These Regulations are the
Naval Forces Amendment Regulations 2002 (No. 1) .
These Regulations are taken to have commenced on 21 April 2001.
The amendments made by these Regulations do not apply to the extent that, in the period commencing on 21 April 2001 and ending immediately before these Regulations are notified in the
Gazette :
(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the date of notification would be affected so as to disadvantage that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of notification.
Schedule 1 amends the
Naval Forces Regulations 1935 .
(regulation 4)
insert
(1) A person may volunteer to serve as a sailor in a part of the Navy:
(a) for a fixed period; or
(b) until attaining retiring age.
(2) If the person is accepted for service in that part of the Navy, the person must take and subscribe the oath or affirmation mentioned in regulation 41.
(3) The taking and subscribing of the oath or affirmation:
(a) constitutes the enlistment of the person in that part of the Navy for that period or until attaining retiring age, as the case may be; and
(b) binds the person to serve in the Navy in accordance with the tenor of the oath or affirmation.
insert
(1) If a sailor is enlisted in the Navy otherwise than until attaining retiring age, the sailor may volunteer to extend the period of his or her enlistment:
(a) by a fixed period; or
(b) until attaining retiring age.
(2) If the offer is accepted, the period for which the sailor is enlisted is extended accordingly.
(1) A sailor who is enlisted in the Navy until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.
(2) If the offer is accepted, the enlistment is converted accordingly.
insert
37 Discharge of sailor enlisted otherwise than until retiring age: Permanent Navy
(1) Subject to subregulations (2) and (3), a sailor who is enlisted in the Permanent Navy for a fixed period is entitled to a discharge at the end of the period.
(2) If the period for which the sailor is enlisted ends during a time of war or defence emergency, the period for which the sailor is enlisted is extended until the end of that time.
(3) If the period for which the sailor is enlisted ends during a period for which the Naval Reserve is called out for continuous full time service, the period for which the sailor is enlisted is extended until the end of the period for which the Naval Reserve is called out.
(1) Subject to subregulation (5), a sailor who is enlisted in the Naval Reserve for a fixed period is entitled to a discharge:
(a) at the end of the period; or
(b) on claiming a discharge.
(2) For paragraph (1) (a), if the period for which the sailor is enlisted ends during a time of war or defence emergency, the period for which the sailor is enlisted is extended until the end of that time.
(3) For paragraph (1) (a), if the period for which the sailor is enlisted ends during a period for which the part of the forces or force to which the sailor belongs:
(a) is subject to section 50D of the
Defence Act 1903 ; and(b) has been called out for continuous full time service;
the period for which the sailor is enlisted is extended until the end of period for which the part of the forces or force is called out.
(4) The sailor may claim a discharge if the sailor gives at least 3 months written notice to his or her commanding officer of the intention to claim a discharge.
(5) The sailor may not claim a discharge during:
(a) a time of war or defence emergency; or
(b) a period for which the part of the forces or force to which the sailor belongs:
(i) is subject to section 50D of the
Defence Act 1903 ; and(ii) has been called out for continuous full time service; or
(c) a period for which the sailor has volunteered to render continuous full time naval service.
37B Discharge of sailor enlisted until retiring age : Permanent Navy
(1) Subject to this regulation, a sailor who is enlisted in the Permanent Navy until attaining retiring age is entitled to a discharge before attaining retiring age on claiming a discharge.
(2) The sailor may claim a discharge if the sailor gives at least the appropriate period of notice of the claim, in writing, to his or her commanding officer.
(3) The appropriate period of notice is:
(a) 12 months; or
(b) a shorter period of notice that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included, having regard to the following matters:
(i) the Navy’s capacity to provide a replacement for the sailor;
(ii) other personnel considerations;
(iii) training requirements;
(iv) any operational requirements that are applicable.
(4) The sailor may not claim a discharge during:
(a) a time of war or defence emergency; or
(b) a period for which the Naval Reserve is called out for continuous full time service.
(5) The sailor may not claim a discharge unless the sailor has completed at least:
(a) 6 years; or
(b) a shorter period of service that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included.
(6) In determining a period for paragraph (5) (b), the Chief of Navy must have regard to the effect of the determination on:
(a) the ability of the Navy to carry out its current and possible future naval operations; and
(b) the size, and composition, of the Navy; and
(c) the training of the Navy.
(7) The sailor may not claim a discharge if the Chief of Navy certifies, in writing, that the discharge of the sailor would, in the opinion of the Chief of Navy, seriously prejudice the ability of the Navy to carry out naval operations that it is carrying out or may be required to carry out.
(8) If:
(a) the sailor is engaged in, or has completed, in whole or in part:
(i) a course of training outside Australia; or
(ii) a period of employment on special duties outside Australia; or
(iii) a period of service outside Australia; and
(b) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service;
the sailor may not claim a discharge if the sailor has not completed the period of service.
(9) If:
(a) the sailor was appointed outside Australia; and
(b) the sailor’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and
(c) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service;
the sailor may not claim a discharge if the sailor has not completed the period of service.
(10) If the Chief of Navy directs, in writing, that the sailor should not claim a discharge until the sailor has complied with a specified condition, the sailor may not claim a discharge until the sailor has complied with the condition.
(11) A claim for a discharge may be withdrawn or varied only with the approval of the Chief of Navy.
(12) In considering an application for approval under subregulation (11), the Chief of Navy must have regard to the effect of the decision about approval on:
(a) the ability of the Navy to carry out its current and possible future naval operations; and
(b) the management of Navy personnel.
(1) Subject to subregulation (3), a sailor who is enlisted in the Naval Reserve until attaining retiring age is entitled to a discharge before attaining retiring age on claiming a discharge.
(2) The sailor may claim a discharge before attaining retiring age if the sailor gives at least 3 months notice of the claim, in writing, to his or her commanding officer.
(3) The sailor may not claim a discharge during:
(a) a time of war or defence emergency; or
(b) a period for which the part of the forces or force to which the sailor belongs:
(i) is subject to section 50D of the
Defence Act 1903 ; and(ii) has been called out for continuous full time service; or
(c) a period for which the sailor has volunteered to render continuous full time naval service.
(4) A claim for a discharge may be withdrawn or varied only with the approval of the Chief of Navy.
(5) In considering an application for approval under subregulation (4), the Chief of Navy must have regard to the effect of the decision about approval on:
(a) the ability of the Navy to carry out its current and possible future naval operations; and
(b) the management of Navy personnel.
37D Discharge of sailors rendering service under Part IV of Defence Act 1903 A sailor rendering service under Part IV of the
Defence Act 1903 is entitled to a discharge at the end of the time of war.
A sailor who becomes entitled to a discharge:
(a) remains bound to serve until discharged; and
(b) must be released from service in the Navy as soon as is reasonably practicable.
omit For the purpose of section 30 of the Act, each of the following reasons is a reason for the discharge of a sailor, including a sailor in the Royal Australian Naval Reserve:
insert A sailor (including a sailor in the Naval Reserve) may, at any time, be discharged by the Chief of Navy for any of the following reasons:
omit For the purpose of section 30 of the Act, each of the following reasons is a reason for the discharge of a sailor in the Royal Australian Naval Reserve:
insert In addition to subregulation (1), a sailor in the Naval Reserve may, at any time, be discharged by the Chief of Navy for any of the following reasons:
substitute
(3) Subregulations (1) and (2) apply whether or not the sailor:
(a) has completed the period for which the sailor is enlisted; or
(b) has attained the age prescribed for compulsory retirement.
(4) If:
(a) a sailor has been discharged for a reason in subregulation (1) or (2); and
(b) the Chief of Navy, or a delegate of the Chief of Navy, is satisfied that the sailor could properly have been discharged for a reason other than that for which he was discharged;
the Chief of Navy or the delegate may, at the request of the sailor, take such steps as are necessary to ensure that the sailor is treated as having been discharged for that other reason, including the taking of steps to amend any relevant order of discharge and any other relevant documents.
In this regulation:
medically unfit , in relation to a sailor, means physically or mentally incapacitated for the performance of the sailor’s duties.
substitute
Paragraph 38 (1) (c) does not apply in relation to a sailor of the Permanent Navy who is enlisted in the Navy until attaining retiring age unless:
(a) retrenchment in the Navy is the subject of a document issued by or with the authority of the Chief of Navy; and
(b) the sailor is given 12 months written notice that it is intended to discharge him or her because of the retrenchment; and
(c) the retrenchment is effected substantially in accordance with the document.
40 Transfer of sailors to other arms of the Defence Force
(1) The Chief of Navy may, by written instrument, transfer the enlistment of a person as a sailor in the Navy to the Australian Army as a soldier, or the Australian Air Force as an airman, if:
(a) the person consents to the transfer; and
(b) the Chief of Army or the Chief of Air Force (as the case may be) approves the transfer.
(2) The instrument must specify:
(a) the day on which the transfer takes effect; and
(b) the period of service for which the person is enlisted in the Australian Army as a soldier or the Australian Air Force as an airman (as the case may be); and
(c) the part of that arm of the Defence Force in which the person is enlisted; and
(d) the rank that the person is to hold in that arm of the Defence Force, and the person’s seniority in that rank.
(3) If the person is required, under a determination mentioned in subregulation 37B (8) or (9), to complete a specified period of service:
(a) the requirement to complete the period continues to apply to the person after the transfer takes effect; and
(b) the person cannot claim a discharge from the Army or Air Force (as the case may be) before the end of the period.
(4) For all purposes connected with the person’s enlistment or service as a soldier in the Australian Army, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Army.
(5) For all purposes connected with the person’s enlistment or service as an airman in the Australian Air Force, service rendered by the person as a member of the Navy before the transfer is taken to have been rendered as a member of the Australian Air Force.
omit For the purposes of subsection 25 (2) of the Act,
insert
For subregulation 29 (2),
omit For the purposes of subsection 25 (2) of the Act,
insert For subregulation 29 (2),
omit Part I of the Schedule; and
insert Part 1 of Schedule 1; and
omit Part II of the Schedule.
insert Part 2 of Schedule 1.
substitute
(subregulation 41 (2))
substitute
substitute
1. These Regulations amend Statutory Rules 1935 No. 133, as amended by 1936 Nos. 63 and 119; 1938 Nos. 20, 46, 70 and 91; 1939 Nos. 26, 27, 72 and 143; 1940 Nos. 123, 135, 147, 197, 217 and 240; 1941 Nos. 21, 187, 215 and 242; 1942 Nos. 48 and 202; 1943 No. 42; 1944 No. 63; 1946 Nos. 26 and 32; 1947 Nos. 34 and 130; 1948 Nos. 37, 87 and 88; 1950 Nos. 4 and 26; 1951 Nos. 53, 66 and 165; 1953 No. 19; 1954 Nos. 28, 115 and 123; 1955 Nos. 5 and 16; 1956 No. 78; 1958 No. 88; 1959 No. 38; 1961 Nos. 51 and 67; 1963 Nos. 113 and 145; 1964 Nos. 143 and 157; 1965 Nos. 56 and 67; 1967 No. 20; 1968 Nos. 15 and 79; 1969 No. 128; 1970 Nos. 35, 71 and 179; 1971 No. 16; 1972 Nos. 1, 44, 75, 125 and 158; 1973 Nos. 58, 105 and 274; 1974 No. 78; 1975 No. 1; 1976 Nos. 15 and 56; 1978 Nos. 54 and 75; 1979 No. 251; 1980 Nos. 7, 100, 104, 178, 225, 285 and 359; 1981 Nos. 53, 227, 258 and 339; 1982 Nos. 34, 132 and 324; 1983 Nos. 42, 62, 205, 266 and 282; 1984 Nos. 199, 377 and 399; 1985 Nos. 93, 122 and 212; 1986 No. 332; 1987 No. 18; 1988 Nos. 39, 128 and 234; 1990 No. 376; 1991 Nos. 134 and 234; 1992 No. 264; 1993 No. 191; 1995 No. 272; 1996 No. 178; 1997 No. 45; 1998 Nos. 230 and 331; 1999 No. 281; 2001 No. 177.
2. Notified in the
Commonwealth of Australia Gazette
0
0
0