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

STATUTORY RULES

1971 No.

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 twenty-second day of July, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. Ivor J. Greenwood

Minister of State for Health

for and on behalf of the

Minister of State for the Navy.

Amendments of the Naval Forces (Papua and New Guinea

Division) Regulations 

Pay.

1.—(1.) Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting sub-regulations (2.), (3.) and (3a.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a sailor (not being a sailor who holds the rank of recruit, ordinary seaman or apprentice) is the rate specified in relation to his rank and, where specified, his pay seniority in whichever of the Tables in the Third Schedule is applicable to the class of sailors in which he is included by virtue of a determination under the next succeeding sub-regulation.

“(3.) The Naval Board shall determine the classes of sailors to which a Table in the Third Schedule applies.

“(3a.) The Naval Board shall not determine as a class of sailors under the last preceding sub-regulation a class other than a class comprising—

(a) the sailors of a particular branch;

(b)the sailors included in a particular category of a particular branch;

(c)the sailors holding a particular rank and included in a particular category of a particular branch;

(d)the sailors having particular qualifications and included in a particular category of a particular branch;

(e) the sailors having particular qualifications, holding a particular rank and included in a particular category of a particular branch; or

(f) the sailors of a particular branch who hold a particular rank.

* Notified in the Commonwealth Gazette on 1971.

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

15743/71—Price 10c 9/2.7.1971

 

“(3b.) In determining, under sub-regulation (3.) of this regulation, the classes of sailors to which a Table in the Third Schedule applies, the Naval Board—

(a) shall have regard to relativities from time to time established, for the purposes of pay, among corresponding classes of members of the Public Service; and

(b)shall have regard to the nature of the skills sailors included in a class are required to possess for the purposes of performing their duties and the nature of the skills that sailors included in other classes are required to possess for that purpose.

“(3C.) For the purpose of the last preceding sub-regulation, a class of members and a class of members of the Public Service shall be taken to be corresponding classes if the persons comprising these classes are required to exercise like skills in performing the duties of their positions or offices.

“(3d.) In the last two preceding sub-regulations a reference to the Public Service shall be read as a reference to the Public Service referred to in section 30 of the Papua and New Guinea Act 1949-1971.

“ (3e.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a sailor who holds the rank of recruit is Seventy-eight cents per day.

“ (3f.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a sailor who holds the rank of ordinary seaman is—

(a) in the case of a sailor who has less than one year’s pay seniority—

(i) if he has not attained the age of twenty years and is unmarried —One dollar ten cents per day;

(ii) if he has attained the age of twenty years and is unmarried— One dollar twenty-one cents per day; or

(iii) in any other case-—One dollar thirty-two cents per day;

(b)in the case of a sailor who has not less than one year’s pay seniority but less than two years’ pay seniority—

(i) if he has not attained the age of twenty-one years and is unmarried—One dollar twenty-one cents per day; or

(ii) in any other case—One dollar thirty-two cents per day; or

(c) in the case of a sailor who has not less than two years’ pay seniority —One dollar thirty-two cents per day.

“(3g.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a sailor who holds the rank of apprentice is the rate specified, in relation to the stage of his apprenticeship training, in the Fourth Schedule,

“ (3h.) Notwithstanding the preceding sub-regulations of this regulation, the rate of pay of a sailor who has served in the Permanent Naval Forces continuously since the thirty-first day of October, 1965, is, subject to the succeeding sub-regulations of this regulation, the rate specified in Table 2 in the Third Schedule in relation to the rank that he holds and his pay seniority.”.

(2.) Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting sub-regulations (6.), (7.) and (8.).

2. After regulation 44 of the Naval Forces (Papua and New Guinea Division) Regulations the following regulation is inserted:—

Gratuity and allowance for holder of Long Service and Good Conduct Medal.

“45.—(1.) A gratuity of Forty dollars is payable to a sailor who has, whether before or after the commencement of this regulation, become entitled to the Long Service and Good Conduct Medal.

“(2.) Subject to the succeeding sub-regulations of this regulation, where a sailor has become entitled to the Long Service and Good Conduct Medal, an allowance of Two dollars for each year of service after he became entitled to the medal, being a year of service in which his conduct was not assessed otherwise than as ‘Very Good’, shall be credited to the pay account of the sailor.

 

“(3.) Subject to the next succeeding sub-regulation, an amount equal to the amounts credited to the pay account of a sailor in accordance with the last preceding sub-regulation, less any amount, or an amount equal to the sum of any amounts, previously paid to him under this sub-regulation, shall be paid to him upon the completion of the period of his engagement, or upon his discharge, whichever first occurs,

“(4.) Where a sailor who has been awarded the Long Service and Good Conduct Medal is deprived of the medal—

(a) he is not entitled to be paid the amount (if any) standing to the credit of his pay account in accordance with sub-regulation (2.) of this regulation and his pay account shall be altered accordingly; and

(b) he is not entitled to be credited with any allowance under sub-regulation (2.) of this regulation in respect of service after he is deprived of the Medal unless the medal is restored to him before his discharge and, if it is so restored, the allowance shall be credited only in respect of his service after the restoration.

“(5.) Where a sailor who has been awarded the Long Service and Good Conduct Medal dies, or the Naval Board direct that such a sailor is to be presumed to have died, an amount equal to the amount that would have been payable to the sailor under sub-regulation (3.) of this regulation if he. had been discharged on the date on which he died or is to be presumed to have died is payable to the dependants of the sailor.

“(6.) Where a sailor who had been awarded the Long Service and Good Conduct Medal was discharged before the commencement of this regulation. gratuity is payable to him or, if he has died, to his dependants, as if this regulation had been in force when he became entitled to the medal.”.

Second and Third Schedules.

3. The Second and Third Schedules to the Naval Forces (Papua and New Guinea) Regulations are repealed and the following Schedules inserted in their stead:—

SECOND SCHEDULE  Regulation 8 (1.).

Rates of Pay—Officers

Rank and Pay Seniority	Rate per day
$
Cadet Midshipman...........................................................................................................	0.78
Midshipman.....................................................................................................................	3.28
Acting Sub-Lieutenant......................................................................................................	5.58
Sub-Lieutenant—
With less than 1 year’s pay seniority.............................................................................	5.80
With not less than 1 year’s pay seniority.......................................................................	6.02
Lieutenant—
With less than 1 year’s pay seniority.............................................................................	6.46
With not less than 1 but less than 2 years’ pay seniority.................................................	6.67
With not less than 2 but less than 3 years’ pay seniority.................................................	6.89
With not less than 3 but less than 4 years’ pay seniority.................................................	7.11
With not less than 4 but less than 5 years’ pay seniority.................................................	7.39
With not less than 5 years’ pay seniority.......................................................................	7.66
Lieutenant-Commander—
With less than 1 year’s pay seniority.............................................................................	7.93
With not less than 1 but less than 2 years’ pay seniority.................................................	8.29
With not less than 2 but less than 3 years’ pay seniority.................................................	8.65
With not less than 3 years’ pay seniority.......................................................................	9.00

THIRD SCHEDULE Regulation 8 (2.)

Rates of Pay—Sailors

Table 1

Trained sailors

Rank and Pay Seniority	Rate per day
$
Able Seaman—
With less than 1 year’s pay seniority.............................................................................	1.43
With not less than 1 but less than 2 years’ pay seniority.................................................	1.58
With not less than 2 but less than 3 years’ pay seniority.................................................	1.73
With not less than 3 but less than 4 years’ pay seniority.................................................	1.88
With not less than 4 but less than 5 years’ pay seniority.................................................	2.03
With not less than 5 years’ pay seniority.......................................................................	2.21
Leading Seaman—
With less than 1 year’s pay seniority.............................................................................	3.10
With not less than 1 but less than 2 years’ pay seniority.................................................	3.28
With not less than 2 years’ pay seniority.......................................................................	3.46

Table 2

Sailors qualified at Lower Skilled Level

Rank and Pay Seniority	Rate per day
$
Able Seaman—
With less than 1 year’s pay seniority.............................................................................	1.88
With not less than 1 but less than 2 years’ pay seniority.................................................	2.03
With not less than 2 but less than 3 years’ pay seniority.................................................	2.21
With not less than 3 but less than 4 years’ pay seniority.................................................	2.39
With not less than 4 but less than 5 years’ pay seniority.................................................	2.57
With not less than 5 years’ pay seniority.......................................................................	2.74
Leading Seaman—
With less than 1 year’s pay seniority.............................................................................	3.28
With not less than 1 but less than 2 years’ pay seniority.................................................	3.46
With not less than 2 years’ pay seniority.......................................................................	3.63
Petty Officer—
With less than 1 year’s pay seniority.............................................................................	3.81
With not less than 1 but less than 2 years’ pay seniority.................................................	3.99
With not less than 2 years’ pay seniority.......................................................................	4.17
Chief Petty Officer—
With less than 1 year’s pay seniority.............................................................................	4.92
With not less than 1 year’s pay seniority.......................................................................	5.14

Table 3

Sailors qualified at Skilled Level

Rank and Pay Seniority	Rate per day
$
Able Seaman—
With less than 1 year’s pay seniority.............................................................................	2.39
With not less than 1 but less than 2 years’ pay seniority.................................................	2.57
With not less than 2 but less than 3 years’ pay seniority.................................................	2.74
With not less than 3 years’ pay seniority.......................................................................	2.92
Leading Seaman—
With less than 1 year’s pay seniority.............................................................................	3.46
With not less than 1 but less than 2 years’ pay seniority.................................................	3.63
With not less than 2 years’ pay seniority.......................................................................	3.81
Petty Officer—
With less than 1 year’s pay seniority.............................................................................	3.99
With not less than 1 but less than 2 years’ pay seniority.................................................	4.17
With not less than 2 years’ pay seniority.......................................................................	4.35
Chief Petty Officer—
With less than 1 year’s pay seniority.............................................................................	5.14
With hot less than 1 year’s pay seniority.......................................................................	5.36

Table 4

Sailors qualified at Higher Skilled Level

Rank and Pay Seniority	Rate per day
$
Able Seaman—
With less than 1 year’s pay seniority	2.74
With not less than 1 but less than 2 years’ pay seniority	2.92
With not less than 2 years’ pay seniority	3.10
Leading Seaman—
With less than 1 year’s pay seniority	3.63
With not less than 1 but less than 2 years’ pay seniority	3.81
With not less than 2 years’ pay seniority	3.99
Petty Officer—
With less than 1 year’s pay seniority	4.17
With not less than 1 but less than 2 years’ pay seniority	4.35
With not less than 2 years’ pay seniority	4.52
Chief Petty Officer (not including Chief Artificer)—
With less than 1 year’s pay seniority	5.36
With not less than 1 year’s pay seniority	5.58
Chief Artificer—
With less than 1 year’s pay seniority	5.80
With not less than 1 year’s pay seniority	6.02

Fifth Schedule.

4. The Fifth Schedule to the Naval Forces (Papua and New Guinea Division) Regulations is repealed.

Transitional.

5.—(1.) The rates of pay specified in the Second Schedule to the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations apply to and in relation to service of a member who is an officer on and after the twenty-fifth day of June, 1970.

(2.) In the next succeeding sub-regulation—

“the commencing day” means the twenty-fifth day of June, 1970;

“the relevant period” means the period from and including the commencing day to and including the day immediately before the commencement of these Regulations, or any part of that period.

(3.) Where an amount equal to the sum of any amounts that would have been payable to a sailor in respect of his service during the relevant period by way of pay if—

(a) the amendments of the Naval Forces (Papua and New Guinea Division) Regulations effected by these Regulations had come into operation on the commencing day; and

(b) the first determination made by the Naval Board for the purpose of sub-regulation (3.) of regulation 8 of those Regulations as amended by these Regulations had been made on the commencing day,

exceeds the amount equal to the sum of any amounts paid or payable to him in respect of that service by way of—

(d) pay;

(e)additional pay under regulation 2 of Statutory Rules 1970, No. 195; and

(f) special allowance,

the member is entitled to be paid an amount equal to the excess as additional pay.

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