Naval Forces (Papua and New Guinea Division) Regulations (Amendment) (Cth)

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Statutory Rules

1973 No. 11

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 eighteenth day of January, 1973.

PAUL HASLUCK.

Governor-General

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation

for and on behalf of Minister of State for the Navy.

________

Amendments of the Naval Forces (Papua and New Guinea Division)

Regulations 

1. Regulation 2 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting the words—

“Part IV.—Leave and Furlough (Regulations 32-37).”

and inserting in their stead the words—

“Part IV.—Leave and Furlough.

Division 1.—Furlough, Extended Leave and Sick Leave (Regulations 32-37).

Division 2.—Recreation Leave (Regulations 37a-37g).”.

2. Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by inserting after sub-regulation (1a.) the following sub-regulations:—

“(1b.) For the purpose of the next two succeeding sub-regulations, ‘prescribed member ’ means a member who was appointed a Cadet Midshipman in the Naval Forces under a scheme for enabling members to undertake, as full-time students, courses of studies at an institution referred to in the next succeeding sub-regulation.

* Notified in the Commonwealth Gazette on 25 January 1973.

  Statutory Rules 1966, No. 104, as amended by Statutory Rules 1966, No. 172; 1967, Nos. 93 and 128; 1970, Nos. 11 and 195; 1971, No. 99; and 1972, No. 126.

“(1c.) The rate at which pay is payable to a prescribed member who is undertaking, as a full-time student, a course of studies at the University of Papua New Guinea, the Papua New Guinea Institute of Technology or another institution approved by the Naval Board for the purpose of this sub-regulation is the rate specified in the second column of the following table in relation to the stage of his studies in the first column:—

Stage of Studies

Rate of pay per day

$

During the first year of the course .............................................................................

1.32

During the second year of the course ........................................................................

1.47

During the third year of the course ............................................................................

1.62

During the fourth year of the course ..........................................................................

1.77

During the fifth year of the course .............................................................................

1.95

During the sixth year of the course ............................................................................

2.13

During the seventh or a subsequent year of the course...........................................

2.31

“(1d.) The rate at which pay is payable to a prescribed member in respect of service from and including the date on which he is appointed a Cadet Midshipman in the Naval Forces to but not including the day on which he commences or continues to undertake, as a full-time student, a course of studies at an institution referred to in the last preceding sub-regulation is—

(a) if he has not commenced the course—the rate per day applicable in the case of a prescribed member in the first year of his course; or

(b) in any other case—the rate per day specified in the second column of the table in the last preceding sub-regulation opposite to the stage of his studies in the first column,

“(1e.) The Naval Board shall not approve an institution for the purpose of sub-regulation (1c.) of this regulation unless the institution provides courses of studies for full-time students at a tertiary level.”.

Patrol boat allowance.

3. Regulation 15b of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“ (2.) Where patrol boat allowance is payable to a member in respect of service during a night, the amount of patrol boat allowance payable to the member in respect of the night is—

(a) if the member is serving on the boat for the purpose of working in the engine room or galley—

(i) an amount of Thirty-two cents; and

(ii) if the night is included in a period of more than thirty consecutive nights in respect of which the member is entitled to be paid patrol boat allowance—an additional amount of Ninety cents; or

 

(b) in the case of any other member—

(i) an amount of Twenty-seven cents; and

(ii) if the night is included in a period of thirty consecutive nights, in respect of which the member is entitled to be paid patrol boat allowance—an additional amount of Ninety cents.”.

4. After regulation 15b of the Naval Forces (Papua and New Guinea Division) Regulations the following regulation is inserted:—

Patrol allowance.

“ 15c.—(1.) Where, a member who is attending a course of training at the Officer Cadet School for the Military Forces at Lae is required to camp out away from the School overnight, an allowance called ‘ patrol allowance ’, is payable to the member in respect of each night during which he is so required to camp out.

“(2.) The amount of patrol allowance payable to a member in respect of a night is—

(a) an amount of Twenty-seven cents; and

(b) if the night is included in a period of more than thirty consecutive nights in respect of which the member is entitled to be paid patrol allowance—an additional amount of Ninety cents.”.

5. After regulation 20 of the Naval Forces (Papua and New Guinea Division) Regulations the following regulation is inserted:—

Mileage allowance.

“21.—(1.) Where a member—

(a) makes a journey in his own motor vehicle on duty;

(b) journeys in his own motor vehicle to a place on the termination of his service and is entitled to have his fares for the journey paid by the Department;

(c) makes a journey in his own motor vehicle on recreation or compassionate leave and is entitled to have his fares for the journey paid by the Department; or

(d) is entitled to be removed at the expense of the Department under regulation 30 of these Regulations and journeys in his own motor vehicle to the place to which he is entitled to be so removed,

this regulation applies to that journey.

“(2.) Where a member travels on a day in his own motor vehicle on duty and the member travels in his own vehicle—

(a) because he cannot conveniently make the journey by means of suitable public transport; or

(b) because the use of his own vehicle for the journey—

(i) will increase the efficiency of the Naval Forces; or

(ii) will involve the Department in less expense than the use of public transport for the journey,

an allowance, called ‘mileage allowance’, is payable to the member for each mile travelled on the journey at the rate specified in the third column or fourth column of the following table, whichever is applicable, in relation to the class

 

of vehicle in which the member is travelling and the zone in which he is travelling: —

First Column

Second Column

Third Column

Fourth Column

Class of Vehicle

Zone

Rate for each mile in the first 5,000 miles

Rate for every other mile

Cents

Cents

1. Motor car the horsepower of which is not less

A

10.42

7.50

than 23h.p.

B

15.42

12.50

C

14.58

11.67

D

11.25

8.33

2. Motor car the horsepower of which is less than

A

9.17

6.67

23 h.p. but not less than 15 h.p.

B

14.17

10.42

C

12.92

10.00

D

10.42

7.50

3. Motor car the horsepower of which is less than

A

8.33

5.83

15 h.p. but not less than 10.5 h.p.

B

12.50

10.00

C

12.08

9.58

D

9.58

7.08

4. Motor car the horsepower of which is less than

A

7.08

4.58

10. 5 h.p.

B

10.00

7.50

C

9.58

7.08

D

7.92

5.42

5. Motor cycle.....................................................................

A

B

4.79

2.92

C

D

6. Motor cycle and sidecar...............................................

A

B

5.21

3.54

C

D

“(3.) In the application of the last preceding sub-regulation to a journey by a member in a motor vehicle on a day—

(a) if the member has, during the period of twelve months ending on that day, travelled on journeys to which this regulation applies more than five thousand miles in the aggregate, the fourth column of the table in that sub-regulation applies lo that first-mentioned journey; and

(b) in any other case, the third column of that table applies to that first- mentioned journey.

“(4.) In the table in sub-regulation (2.) of this regulation—

(a) a reference to zone A shall be read as a reference to the area comprising the Central District and Morobe District;

(b) a reference to zone B shall be read as a reference to the area comprising the Eastern Highlands District, Chimbu District, Western Highlands District, Southern Highlands District, Western District and the area known as the Buin sub-district of the Bougainville District;

(c) a reference to zone C shall be read as a reference to the area comprising the East Sepik District, West Sepik District, Gulf District and the Milne Bay District; and

(d) a reference to zone D shall be read as a reference to the area comprising the East New Britain District, West New Britain District, Madang District, Northern District, New Ireland District, Manus District and the Bougainville District (other than the area known as the Buin sub-district).

 

“(5.) A reference in the last preceding sub-regulation to a District by name shall be read as a reference to the district established by that name under the Administrative Districts Ordinance 1951-1952 in force under the Papua New Guinea Act 1949-1972 and having the boundaries defined under that Ordinance.

“(6.) Where this regulation applies to a journey made by a member, the member is not entitled to mileage allowance under sub-regulation (2.) of this regulation and the journey is not a journey of a kind referred to in paragraph (d)of sub-regulation (1,) of this regulation, there is payable to the member in respect of the travel, by way of mileage allowance—

(a) an amount, in respect of each mile travelled on the journey, calculated at the rate specified in the third column of the table in sub-regulation (2.) of this regulation in relation to the class of motor vehicle in which the member is travelling and the zone in which he is travelling; or

(b) an amount equal to the cost of the fares that would have been payable by the Department if the member had used public transport for the journey,

whichever is the less.

“(7.) Where a member travels on a journey of a kind referred to in paragraph (d) of sub-regulation (1.) of this regulation, there is payable to the member in respect of the travel, by way of mileage allowance—

(a) an amount, in respect of each mile travelled on the journey, calculated at the rate specified in the fourth column of the table in sub-regulation (2.) of this regulation in relation to the class of motor vehicle in which the member is travelling and the zone in which he is travelling; or

(b) an amount equal to the sum of the cost of the fares that would have been payable by the Department if the member had used public transport for the journey and the amount that would have been payable by the Department for transporting the member’s motor vehicle to the place to which he is entitled to be removed if his vehicle had been so transported at the expense of the Department,

whichever is the less.

“(8.) Where this regulation applies to a journey made by a member in a motor vehicle and the member, with the approval of his superior officer—

(a) carries in the vehicle as a passenger another member who is entitled to make the journey at the expense of the Department;

(b) carries in the vehicle defence stores or equipment weighing not less than two hundredweight; or

(c) tows a trailer or caravan weighing a number of hundredweight greater than the number of horsepower at which the engine capacity of the motor vehicle is rated,

there is payable to the member, in addition to the allowance payable to him under a preceding sub-regulation of this regulation, an allowance at the rate of One cent per mile for each mile travelled by him on the journey.

“(9.) Where this regulation applies to a journey made by a member in his own motor vehicle and the member does not travel on the journey by the shortest convenient route, the number of miles travelled by him on the journey shall be deemed, for the purpose of this regulation, to be the number of miles that he would have travelled on the journey if he had travelled by the shortest convenient route.

 

“(10.) A reference in this regulation to a member’s motor vehicle, in relation to a journey, shall be read as including a reference to a motor vehicle—

(a) hired by the member and used on the journey; or

(b) of which the member has been permitted to have the use in order to make the journey in a motor vehicle.”.

Heading to Division I of Part V.

6. Before regulation 32 of the Naval Forces (Papua and New Guinea Division) Regulations the following heading is inserted in Part IV.:—

“Division 1.—Furlough, Extended Leave and Sick Leave.”.

7. After regulation 37 of the Naval Forces (Papua and New Guinea Division) Regulations the following Division is inserted in Part IV.:—

“Division 2.—Recreation Leave.

Definitions.

“37a.—(1.) In this Division, unless the contrary intention appears—

‘prescribed period’, in relation to a member, means—

(a) a period of two years commencing on the date on which the member commences to serve in the Papua and New Guinea Division; or

(b) a succeeding period of two years;

‘the maximum period of recreation leave’ in relation to a member and a prescribed period, means a period equal to the sum of sixty days and the number of days in the member’s, recreation leave credit at the commencement of the prescribed period;

‘year’ in relation to a member, means a period of twelve months commencing on—

(a) the date on which the member commences to serve in the Papua and New Guinea Division; or

(b) an anniversary of that date.

“(2.) In the application of this Division to a member who has commenced to serve in the Papua and New Guinea Division on two or more occasions, a reference to the date on which the member commenced to serve in the Papua and New Guinea Division shall be read as a reference to the date on which the member last commenced so to serve.

“(3.) For the purposes of this Division—

(a) where a member re-engages to serve in the Papua and New Guinea Division for a further period to commence immediately after the expiration of the period for which he is enlisted or re-engaged—

(i) the member shall not be taken to cease to serve in the Papua and New Guinea Division upon the expiration of that last- mentioned period; and

(ii) the member shall not be taken to commence to serve in the Papua and New Guinea Division upon the commencement of that further period; and

(b) where a member is appointed an officer in the Papua and New Guinea Division and the member was, immediately before being so appointed, discharged from the Naval Forces for the purpose of being appointed an officer—

(i) the member shall not be taken to have ceased to serve in the Papua and New Guinea Division upon being so discharged; and

 

(ii) the member shall not be taken to have commenced to serve in the Papua and New Guinea Division upon the commencement of his service as an officer.

“(4.) Subject to the next two succeeding sub-regulations, a reference in this Division to pay, in relation to a member, shall be read as including a reference to the following allowances:—

(a) higher duties allowance;

(b) living out allowance;

(c) special service allowance;

(d) diving pay.

“(5.) A reference in this Division to pay, in relation to a member, shall not be read as including a reference to higher duties allowance unless the member was in receipt of that allowance immediately before the date on which he was posted to a naval establishment for discharge, commenced recreation leave immediately before his retirement, died or is to be presumed to have died, as the case may be, and—

(a) the member has performed, or, but for absence on authorized leave, would have performed, the full duties of a higher position for a continuous period of not less than one year immediately before that date; or

(b) the member has performed the full duties of a higher position for periods amounting in the aggregate to not less than three years during the five years immediately preceding that date.

“(6.) A reference in this Division to pay, in relation to a member, shall not be read as including a reference to diving pay unless the member was in receipt of diving pay immediately before the date on which he was posted to a naval establishment for discharge, commenced recreation leave immediately before his retirement, died or is to be presumed to have died, as the case may be.

Credit of recreation leave.

“37b.—(1.) Subject to sub-regulation (3.) of this regulation, where a member serves in the Papua and New Guinea Division throughout a year, there accrues to the member in respect of his service during that year a recreation leave credit of thirty days.

“(2.) Subject to the next succeeding sub-regulation, where a member ceases to serve in the Papua and New Guinea Division otherwise than on the day immediately preceding the anniversary of the day on which he commenced or last commenced so to serve, there accrues to the member in respect of his service during the period from and including the last anniversary of the day on which he commenced or last commenced so to serve to and including the day on which he ceases so to serve a recreation leave credit calculated at the rate of—

(a) two and one-half days for each complete month of his service in that period; and

(b) one-half a day for each six days of his service in that period that is not included in a complete month of his service in that period.

“(3.) Where a member does not serve effectively throughout a period in respect of which a recreation leave credit accrues to him under a preceding sub-regulation of this regulation, the recreation leave credit that, but for this sub-regulation, would accrue to him in respect of that service shall be reduced—

(a) by two and one-half days for each thirty days on which he is absent from duty on leave without pay; and

(b) by one-half a day for each six days on which he does not serve effectively otherwise than by reason of being absent from duty on leave without pay.

 

Effective service.

“37C. For the purposes of the last preceding regulation, where a member serves in the Papua and New Guinea Division for a day in a year, the member shall be taken to serve effectively for that day unless—

(a) he is not entitled to receive pay in respect of that day; or

(b) he is convicted of desertion and the desertion commenced in that year on or after that day.

Lapsing of recreation leave.

“37d.—(1.) Except as directed in accordance with the next succeeding sub-regulation, the recreation leave credit of a member lapses at the end of each prescribed period.

“(2.) Subject to the next succeeding sub-regulation, where it is impracticable or inexpedient, owing to the exigencies of the Service, for a member to be granted during a prescribed, period a period of recreation leave or periods of recreation leave aggregating the maximum period of recreation leave, the member’s commanding officer shall direct in writing that—

(a) if the member's leave credit exceeds thirty days—so much of his leave credit as is equal to thirty days; or

(b) in any other case—the whole of his leave credit,

does not lapse at the end of that prescribed period.

“(3.) Where a member is absent on leave for recreation for a period commencing before the end of a prescribed period and terminating after the end of that prescribed period, the recreation leave so taken after the end of the prescribed period shall be deemed to be recreation leave taken by the member during the prescribed period.

“(4.) Where a period of leave of absence for recreation is granted to a member—

(a) if the period of the leave does not exceed the recreation leave credit of the member immediately before the commencement of the leave —the recreation leave credit is reduced by the period of the leave; or

(b) if the period of the leave exceeds the recreation leave credit—the recreation leave credit lapses and the recreation leave credit that next accrues to the member shall toe reduced by a period equal to the excess.

Illness during recreation leave.

“37e. Where a member becomes ill during a period of recreation leave and would, if he had not been on recreation leave, have been granted sick leave for a period on account of the illness, the member shall, upon application made by him, be granted sick leave for that period and, if sick leave is so granted to him, his recreation leave credit shall be credited with a period equal to the period of sick leave so granted to him.

Pay in lieu of leave.

“37f.—(1.) Subject to the next succeeding sub-regulation, there is payable to a member, upon the termination of his services in the Permanent Naval Forces otherwise than by reason of his death, a sum equal to the amount of the pay payable to the member for a period of service in the Papua and New Guinea Division equal to the period of his recreation leave credit upon the termination of his service.

“(2.) Where, in a year, a member is sentenced by a court martial or a commanding officer to be dismissed and the services of the member are terminated by the approval of that sentence—

(a) if the recreation leave credit of the member upon the termination of his services exceeds the period of recreation leave that accrued in respect of his services during the period from and including the first

 

day of the year to and including the day on which his services are terminated—the period in respect of which payment may be made to the member under the last preceding sub-regulation is a period equal to the excess; or

(b) in any other case—the member is not entitled to payment of any amount under the last preceding sub-regulation.

“(3.) Where-—

(a) a member dies; or

(b) the Naval Board has directed, after consideration of all the circumstances, that a member shall be presumed to have died on a particular date,

there is payable to the member’s dependants an amount equal to the amount (if any) that would have been payable to the member under sub-regulation (1.) of this regulation if he had ceased to be a member otherwise than by reason of his death on the day on which he has died or is presumed to have died.

Liability of member in respect of excess leave.

“37g.—(1.) Where the services of a member are terminated and the member has, during the prescribed period in which his services are terminated, been absent on leave for recreation for a period, or for periods amounting in the aggregate to a period, that exceeds the designated period in respect of the member, the Commonwealth is entitled to recover from the member, as a debt due by him to the Commonwealth, an amount equal to the amount (if any) of the pay paid to him in respect of any leave of absence for recreation included in the excess.

“(2.) The last preceding sub-regulation does not apply—

(a) in relation to a member who ceases to be a member by reason of his death or by reason of the Naval Board directing that the death of the member is to be presumed to have occurred; or

(b) in relation to a period of leave of absence for recreation that is included in the excess if the member was required to take that period of leave as a result of the exigencies of his service.

“(3.) Where the Commonwealth is entitled to recover an amount from a member under sub-regulation (1.) of this regulation, the amount may be deducted from, moneys that are or become due to him by the Commonwealth in respect of his service.

“(4.) In this regulation, ‘the designated period’ in relation to a member whose services are terminated during a prescribed period, means a period equal to the sum of—

(a) the period of the member’s leave credit at the commencement of the prescribed period; and

(b) the period or periods of recreation leave that accrued to the member after the commencement of the prescribed period.”.

8. After regulation 41 of the Naval Forces (Papua and New Guinea Division) Regulations the following regulation is inserted:—

Retiring ages.

“41a. For the purposes of section 17 of the Act, the age for the compulsory retirement of a member is the age set out in the second column of the following table in relation to the reference to the rank that he holds in the first column:—

Rank

Age in years

Captain.......................................................................................................................................................

55

Commander..............................................................................................................................................

50

Lieutenant Commander, Lieutenant or Sub-Lieutenant ...................................................................

45

Any other rank..........................................................................................................................................

50”.

 

Patrol boat allowance— application.

9. Where the sum of the amounts of patrol boat allowance that would have been payable to a member within the meaning of the Naval Forces (Papua and New Guinea Division) Regulations in respect of his service during the period from and including the first day of February, 1971, to and including the day immediately preceding the commencement of these Regulations if the amendment of those Regulations effected by regulation 3 of these Regulations had come into operation on the first day of February, 1971, exceeds the sum of the amounts of patrol boat allowance paid or payable to the member in respect of his service during that period, the member is entitled to be paid an amount equal to the excess.

Patrol allowance— application.

10. Patrol allowance is payable to a member within the meaning of the Naval Forces (Papua and New Guinea Division) Regulations in accordance with regulation 15c of those Regulations as amended by these Regulations in respect of service on and after the first day of January, 1972.

Recreation leave— application.

11.—(1.) In this regulation, unless the contrary intention appears—

“member” means a member within the meaning of the Naval Forces (Papua and New Guinea Division) Regulations who was serving in the Papua and New Guinea Division on the day immediately before the commencing date and also on the commencing date;

“the commencing date” means the date of commencement of these Regulations;

“the designated anniversary”, in relation to a member, means—

(a) if the member has, on the commencing date, served continuously in the Papua and New Guinea Division for less than two years—the day on which the member commenced to serve in the Papua and New Guinea Division; or

(b) if the member has, on the commencing date, served continuously in the Papua and New Guinea Division for more than two years—the biennial anniversary of the day on which he commenced to serve in the Papua and New Guinea Division immediately preceding the commencing date;

“the designated prescribed period”, in relation to a member, means the period of two years commencing on the designated anniversary.

(2.) For the purpose of the application of Division 2 of Part IV. of the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations in relation to a member—

(a) there accrues to the member—

(i) if the member serves in the Papua and New Guinea Division continuously throughout the designated prescribed period—in respect of his service during the designated prescribed period; or

(ii) if the member does not serve in the Papua and New Guinea Division continuously throughout that designated prescribed period—in respect of the period from and including the designated anniversary to and including the day on which he ceases so to serve,

the recreation leave credit or the recreation leave credits that would have accrued to the member if regulation 7 of these Regulations had come into operation on the designated, anniversary; and

 

(b) the recreation leave credit or the recreation leave credits accruing to the member in accordance with the last preceding paragraph shall be reduced by the period or the sum of the periods of leave of absence for recreation taken by the member on or after the designated anniversary and before the commencing date.

(3.) Where the services of a member within the meaning of the Naval Forces (Papua and New Guinea Division) Regulations were terminated on or after the seventh day of July, 1972 and before the commencing date—

(a) there shall be deemed to have accrued to the member, in respect of his services during the period from and including the designated anniversary to and including the day on which his services were terminated, the recreation leave credit or the recreation leave credits that would have accrued to the member if regulation 7 of these Regulations had come into operation immediately before his services were terminated; and

(b) the recreation leave credit or the recreation leave credits that are to be deemed to have accrued to the member in accordance with the last preceding paragraph shall be reduced by the period or the sum of the periods of leave of absence for recreation taken by the member on or after the designated anniversary and before the termination of his services.

(4.) In the last preceding sub-regulation, “the designated anniversary”, in relation to a member, means—

(a) if the member had, on the day on which his services were terminated, served continuously in the Papua and New Guinea Division for less than two years—the day on which the member commenced to serve in the Papua and New Guinea Division; or

(b) if the member had, on the day on which his services were terminated, served continuously in the Papua and New Guinea Division for more than two years—the biennial anniversary of the day on which he commenced to serve in the Papua and New Guinea Division immediately preceding the day on which his services were terminated.

(5.) The provisions of Division 2 of Part IV. of the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations apply to and in relation to—

(a) the application of this Regulation to the service of a member in the Papua and New Guinea Division; and

(b) the accrual of a member’s leave credit and the reduction of a member’s leave credit in accordance with sub-regulation (2.) or (3.) of this regulation,

in like manner as they apply to and in relation to those matters under that Division.

(6.) Where a member referred to in sub-regulation (3.) of this regulation is, by virtue of that sub-regulation, to be deemed to have had a recreation leave credit upon the termination of his services, a sum equal to the amount of the pay payable to the member for a period of service in the Papua and New Guinea Division equal to the period of that recreation leave credit is payable—

(a) if his services were terminated by reason of his death or he has died before payment is made—to his dependants; or

(b) in any other case—to the member.

 

(7.) In this regulation, “pay” has the same meaning as in Division 2 of Part IV. of the Naval Forces (Papua and New Guinea Division) Regulations.

Pay for certain cadet midshipmen— application.

12.

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