Naval Forces of the Commonwealth Regulations 1906 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1913. No. 207.

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PROVISIONAL REGULATION UNDER THE NAVAL DEFENCE ACT 1910–1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Naval Defence Act 1910–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Statutory Rule 1913, No. 201, made on the fourth day of July, One thousand nine hundred and thirteen, is hereby cancelled.

Dated this sixteenth day of July, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN.

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The Regulations for the Naval Forces of the Commonwealth (Statutory Rules 1906 No. 20) are amended by adding thereto in Part IV. thereof the following Regulation:—

Application of Naval Discipline Act.

171b. The Naval Discipline Act (in this Regulation referred to as “the Act”) shall apply to the Commonwealth Naval Forces subject to the following adaptations and modifications:—

(a) All powers and functions vested in and acts authorized or required to be done by the Admiralty, Lords of the Admiralty, or the Commander-in-Chief on a foreign station under sections 24, 32, 53 (1), 57 (2), 58 (16), 61, 66, 68, 70, 72, 74, 75, 76, 78, 80, 81 (2), and 93 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board;

(b)all powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 21 and 76 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board, and all powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 66, 69, and 75 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Secretary of the Naval Board;

   

C.9631.—Price 3d.

 

(e)all power and functions vested in and acts authorized or required to be done by His Majesty under section 53 (1) of the Act, or the Admiralty, or the Commander-in-Chief on a foreign station under sections 53 (3), 58 (9), and 81 (1) of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Governor-General;

(d)section 1 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “the manner and form for public Worship adopted for use in the Royal Australian Navy” were inserted in lieu of the words “the liturgy of the Church of England,” and as if the words “in Holy Orders” were omitted;

(e)sections 45 and 67 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the word “England”;

(f) sections 54, 70, and 80 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the words “the United Kingdom”;

(g)section 57 (1) of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “if such subordinate officer belongs to the King’s Naval Forces, or by the Naval Board for any time not exceeding twelve months, if such subordinate officer belongs to the Commonwealth Naval Forces” ware inserted at the end thereof;

(h) section 58 (9) of the Act shall in relation to the Commonwealth Naval Forces, apply as if the words “the Naval Board or to” were inserted before the words “any officer of His Majesty’s Navy on full pay”;

(i) section 69 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if after the words “the Secretary of the Admiralty for the time being” the words “if the person tried belongs or did belong at the time of the trial to the King’s Naval Forces, or if the person tried belongs or did belong at the time of the trial to the Commonwealth Naval Forces to the Naval Secretary of the Naval Board for the time being, and if such court-martial was ordered by an officer of the King’s Naval Forces, a complete and authenticated copy thereof shall be transmitted by the Judge Advocate, or Deputy Judge Advocate or person officiating as Deputy Judge Advocate to the Secretary of the Admiralty for the time being” were inserted, and as if the words “there months after the trial if the same took place within the limits of the Australian Naval Station” were inserted in lieu of the words “six months after the trial if the same takes place in the Mediterranean, three months if at any other naval station within Europe.”

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.