Naval Forces Regulations 1935 (Cth)

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Naval Forces Regulations 1935

Statutory Rules 1935 No. 133 as amended

made under the

Naval Defence Act 1910

This compilation was prepared on 22 March 2002

taking into account amendments up to SR 2002 No. 52

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Part IGeneral

Division 1Preliminary

Division 4Ranks of officers and sailors

Division 5Appointment to, and promotion in, the Naval Forces

Divison 5ATransfer

Division 6Discharge of sailors

Division 9Miscellaneous

Part IIPermanent Naval Forces

Division 1Appointment, enlistment and promotion in the Permanent Naval Forces

Division 3Retirement

Division 8Miscellaneous

Part IIINaval Emergency Reserve Forces

Part IVAustralian Naval Reserve

Division 1General

Division 2Emergency List of Officers

Division 3Royal Australian Fleet Reserve

Division 4Royal Australian Naval Reserve

Part VMiscellaneous

  

Part IGeneral

Division 1Preliminary

1Name of regulations [see Note 1]

 These regulations are the Naval Forces Regulations 1935.

2Repeal

 The Naval Forces Regulations (Statutory Rules 1926, No. 196, as amended to present date) are repealed as from the commencement of these Regulations, save as to anything lawfully done, or any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.

4Interpretation

 In these Regulations, unless the contrary intention appears:

force, in relation to a part of the Navy, means one of the following parts of the Navy:

  • (a)

    the Permanent Naval Forces;

  • (b)

    the Naval Emergency Reserve Forces;

  • (c)

    the Emergency List of Officers;

  • (d)

    the Royal Australian Fleet Reserve;

  • (e)

    the Royal Australian Naval Reserve.

PNF officer means an officer of the Permanent Naval Forces.

PNF means the Permanent Naval Forces.

The Act means the Naval Defence Act 1910-1964.

4ADelegations
  • (1A)

    The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

  • (1)

    The Chief of Navy or the Chief of Naval Personnel may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

  • (2)

    A power or function delegated by the Minister, the Chief of Navy or the Chief of Naval Personnel under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

  • (3)

    A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister, the Chief of Navy or the Chief of Naval Personnel, as the case may be.

Division 4Ranks of officers and sailors

21Ranks of officers

 The ranks of officers (other than chaplains), in descending order of seniority, are:

  • (a)

    Admiral of the Fleet;

  • (b)

    Admiral;

  • (c)

    Vice-Admiral;

  • (d)

    Rear-Admiral;

  • (e)

    Commodore;

  • (f)

    Captain;

  • (g)

    Commander;

  • (h)

    Lieutenant-Commander;

  • (i)

    Lieutenant;

  • (j)

    Sub-Lieutenant;

  • (k)

    Acting Sub-Lieutenant;

  • (l)

    Midshipman.

21AChaplains – prescribed rank for purposes of appointment, promotion, retirement, termination of appointment etc

For the purposes of section 18 of the Act, a chaplain is taken to have the following rank:

  • (a)

    for a chaplain in division 1 of the chaplain branch — Lieutenant;

  • (b)

    for a chaplain in division 2 of the chaplain branch — Lieutenant-Commander;

  • (c)

    for a chaplain in division 3 of the chaplain branch — Commander;

  • (d)

    for a chaplain in division 4 of the chaplain branch:

    • (i)

      who has precedence over all other chaplains of his or her church or faith in the chaplain branch — Commodore;

    • (ii)

      in any other case — Captain;

  • (e)

    for a chaplain in division 5 of the chaplain branch — Commodore.

22Prior service of female officers
  • (1)

    For the purposes of determining under section 14 of the Act the seniority of members of the Navy in their respective ranks, a female officer who holds substantively a rank specified in Column 2 of the table in this subregulation in an item in that table and who, for any period at any time before the commencement of this regulation, held substantively a rank specified in Column 3 or 4 of that table in that item, shall be deemed to have held substantively during the whole of that period the rank specified in Column 2 of that table in that item:

Column 1

Column 2

Column 3

Column 4

Item

Ranks

Former ranks in Royal Australian Naval Nursing Service

Former ranks in Women’s Royal Australian Naval Service or Women’s Royal Australian Naval Service Reserve

1

Captain

Captain

Superintendent

2

Commander

Matron

Chief Officer

3

Lieutenant-Commander

Superintending Sister

First Officer

4

Lieutenant

Senior Sister

Second Officer

5

Sub-Lieutenant

Sister

Third Officer

6

Acting Sub-Lieutenant

Third Officer (on probation)

  • (2)

    For the purposes of determining under section 14 of the Act the seniority of members of the Navy in their respective ranks, a female officer who for any period at any time before the commencement of this regulation held temporarily a rank specified in Column 3 or 4 of the table in subregulation (1) in an item in that table shall be deemed to have held temporarily during the whole of that period the rank specified in Column 2 of that table in that item.

23Ranks of female members of the Navy on repeal of Naval Forces (Women’s Services) Regulations
  • (1)

    Where a person:

    • (a)

      was appointed to the Royal Australian Naval Nursing Service or to the Women’s Royal Australian Naval Service before the repeal of the Naval Forces (Women’s Services) Regulations; and

    • (b)

      immediately before that repeal was a member of the Permanent Naval Forces,

 that person shall be deemed to have been appointed to those Forces under these Regulations on the date on which she was appointed to that Service and to have held, immediately after that repeal, the same rank in those Forces as she held immediately before that repeal.

  • (2)

    Where a person:

    • (a)

      was enlisted in the Women’s Royal Australian Naval Service before the repeal of the Naval Forces (Women’s Services) Regulations; and

    • (b)

      immediately before that repeal was a member of the Permanent Naval Forces,

 that person shall be deemed to have been enlisted in, or re‑engaged in, or last re-engaged in, as the case may be, the Permanent Naval Forces under these Regulations for the period of that enlistment, re-engagement, or last re-engagement, and to have held, immediately after that repeal:

  • (c)

    in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the following table in an item in that table — the rank in those Forces specified in Column 2 of that table in that item; or

  • (d)

    in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table — the same rank in those Forces as she held immediately before that repeal:

Column 1

Column 2

Column 3

Item

Ranks

Former ranks in Women’s Royal Australian Naval Service or Women’s Royal Australian Naval Service Reserve

1

Seaman

Wran

2

Able Seaman

Senior Wran

3

Leading Seaman

Leading Wran

  • (3)

    Where a person:

    • (a)

      was appointed to the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

    • (b)

      immediately before that repeal was a member of the Australian Naval Reserve,

 that person shall be deemed to have been appointed to the Australian Naval Reserve on the date on which she was appointed to the Women’s Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.

  • (4)

    Where a person:

    • (a)

      was enlisted in the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

    • (b)

      immediately before that repeal was a member of the Australian Naval Reserve,

 that person shall be deemed to have been enlisted in, or re‑engaged in, or last re-engaged in, as the case may be, the Australian Naval Reserve under these Regulations for the period of that enlistment, re-engagement, or last re‑engagement, and to have held, immediately after that repeal:

  • (c)

    in the case of a person who, immediately before that repeal, held a rank specified in Column 3 of the table in subregulation (2) in an item in that table — the rank in the Australian Naval Reserve specified in Column 2 of that table in that item; or

  • (d)

    in the case of a person who, immediately before that repeal, held a rank not specified in Column 3 of that table — the same rank in the Australian Naval Reserve as she held immediately before that repeal.

  • (5)

    Where:

    • (a)

      an officer of the Permanent Naval Forces was transferred to the Women’s Royal Australian Naval Service Reserve before the repeal of the Naval Forces (Women’s Services) Regulations; and

    • (b)

      the officer was, immediately before that repeal, a member of the Australian Naval Reserve,

 that officer shall be deemed to have been transferred to the Australian Naval Reserve on the date on which she was transferred to the Women’s Royal Australian Naval Service Reserve and to have held, immediately after that repeal, the same rank in the Australian Naval Reserve as she held immediately before that repeal.

23APrior service of enlisted female members of the Navy

For the purposes of determining under section 14 of the Act the seniority in their respective ranks of female members of the Navy, other than officers, a person who holds a rank specified in Column 2 of the table in subregulation 23 (2) in an item in that table and who for any period before the commencement of this regulation held a rank specified in Column 3 of that table in that item shall be deemed to have held the rank specified in Column 2 of that table in that item during the whole of the period during which she held the rank specified in Column 3 of that table in that item.

24Ranks of sailors

 The ranks of sailors, in descending order of seniority, are:

  • (a)

    Warrant Officer;

  • (b)

    Chief Petty Officer;

  • (c)

    Petty Officer;

  • (d)

    Leading Seaman;

  • (e)

    Able Seaman;

  • (f)

    Seaman;

  • (g)

    Recruit and Apprentice, which have the same seniority.

Division 5Appointment to, and promotion in, the Naval Forces

29Enlistment of sailors
  • (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.

30Chief of Navy may make determinations
  • (1)

    Subject to subregulations (3) and (4), the Chief of Navy may, for the purposes of section 8 of the Act, determine by instrument that persons, or persons included within a specified class of persons, are not eligible for:

    • (a)

      appointment to specified ranks;

    • (b)

      appointments in specified parts of the Navy; or

    • (c)

      an appointment of a specified kind;

 unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that appointment.

  • (2)

    In subregulation (1), specified means specified in the instrument referred to in that subregulation.

  • (3)

    In making a determination under subregulation (1), the Chief of Navy shall have regard to the education, training, experience and other qualifications required to make a person suitable for the appointment concerned.

  • (4)

    Where, because of a condition, qualification or requirement specified in an instrument under subregulation (1) in relation to an appointment to which the instrument applies, a person is not eligible for that appointment, the Chief of Navy may, having regard to that person’s education, training, experience or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that appointment.

31Appointments on probation

An appointment under section 8 of the Act of a person to be an officer of the Navy that is expressed in the instrument of appointment to be on probation for a period not exceeding 5 years specified in the instrument shall be subject to the condition that, if not terminated before the end of that period, the appointment shall lapse at the end of that period unless confirmed before the end of that period.

31AExtension of period of enlistment
  • (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.

31BConversion of enlistment to fixed period
  • (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.

32Promotion of officers
  • (1)

    Subject to subregulations (3) and (4), the Chief of Navy may, for the purposes of section 8 of the Act, determine by instrument that officers, or officers included within a specified class of officers, are, subject to regulations 33 and 34, not eligible for:

    • (a)

      promotion to specified ranks;

    • (b)

      promotion in specified parts of the Navy; or

    • (c)

      a promotion of a specified kind;

 unless they satisfy any specified conditions, hold any specified qualifications and meet any specified requirements relating to that promotion.

  • (2)

    In subregulation (1), specified means specified in the instrument referred to in that subregulation.

  • (3)

    In making a determination under subregulation (1), the Chief of Navy shall have regard to the education, training, experience and other qualifications required to make a person suitable for the promotion concerned.

  • (4)

    Where, because of a condition, qualification or requirement specified in an instrument under subregulation (1) in relation to a promotion to which the instrument applies, a person is not eligible for that promotion, the Chief of Navy may, having regard to that person’s education, training, experience or other qualifications, dispense with the requirement that that person comply with that condition, qualification or requirement in relation to that promotion.

33Provisional promotion
  • (1)

    For the purposes of section 8 of the Act, the qualifications and requirements set out in this regulation are prescribed in relation to promotions.

  • (2)

    An officer who is not eligible under subregulation 32 (1) for promotion to a rank may be promoted to that rank provisionally for a period not exceeding 2 years.

  • (3)

    Where an officer, who is not eligible under subregulation 32 (1) for promotion to a rank because of a condition, qualification or requirement, fails, during a period of provisional promotion under subregulation (2) to that rank, to make satisfactory progress towards satisfying that condition, obtaining that qualification or meeting that requirement, the Chief of Navy may revoke that provisional promotion.

  • (4)

    Where an officer does not become eligible under subregulation 32 (1) for promotion to a rank during a period of provisional promotion under subregulation (2) to that rank, that provisional promotion lapses at the end of that period.

34Temporary promotion
  • (1)

    For the purposes of section 8 of the Act, an officer may be promoted temporarily to a rank that is higher than the substantive rank held by the officer.

  • (2)

    An officer promoted temporarily to a rank in accordance with subregulation (1) holds the rank while the officer performs duties appropriate to that rank and for such further period (if any) as the Chief of Navy approves.

34ALimited-tenure promotion of sailors

(1)The Chief of Navy may, by instrument, promote a sailor to the rank of Warrant Officer for the period specified in the instrument.

(2) The Chief of Navy may extend the period.

(3)Subject to this regulation, at the end of the period (including any extension), the sailor is taken to be discharged from the Navy.

(4)At any time before the end of the period (including any extension), the Chief of Navy may give written permission for the sailor, at the end of that period, to revert to the rank he or she held immediately before promotion.

(5)If permission is given under subregulation (4), then at the end of the period:

  • (a)

    the sailor is not taken to be discharged from the Navy under subregulation (3); and

  • (b)

    the sailor reverts to the rank that he or she held immediately before promotion.

(6) At any time before the end of the period (including any extension), the sailor may notify the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve at the end of the period.

  • (7)

    If the sailor notifies the Chief of Navy under subregulation (6), then at the end of the period:

    • (a)

      the sailor is not taken to be discharged from the Navy under subregulation (3); and

    • (b)

      the sailor is transferred to the Australian Naval Reserve.

(8)A sailor may decline promotion under this regulation.

Divison 5ATransfer

35Transfer of officers or sailors

 The Chief of Navy may, by instrument, transfer an officer or sailor from one force in the Navy to another if the officer or sailor, by instrument, volunteers for that transfer.

Division 6Discharge of sailors

Division 6Discharge

37Discharge 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.

37ADischarge of sailor enlisted otherwise than until retiring age: Naval Reserve
  • (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.

37BDischarge 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.

37CDischarge of sailors who are enlisted until attaining retiring age: Naval Reserve
  • (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.

37DDischarge 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.

37ESailor entitled to discharge to be released

 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.

38Reasons for discharge
  • (1)

    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 reason:

    • (a)

      that the sailor has requested his discharge;

    • (b)

      that the sailor will, upon being discharged, be appointed an officer of the Navy;

    • (c)

      that the sailor cannot be usefully employed in the Navy because of retrenchment in the Navy;

    • (d)

      that the sailor is medically unfit;

    • (e)

      that the Chief of Navy is satisfied that the retention of the sailor in the Navy is not in the interest of the Navy;

    • (f)

      that the sailor made a false or misleading statement in connexion with his enlistment in the Navy;

    • (g)

      that the member has not attained the age of 18 years and his parent or guardian has requested his discharge;

    • (h)

      that the member has been absent without leave for a period exceeding 3 months;

    • (i)

      that, in the case of a member of the Naval Emergency Reserve Forces, the member’s attendance for obligatory annual service has been unsatisfactory;

    • (j)

      that, in the case of a member of the Naval Emergency Reserve Forces, the member resides overseas and is not available for call out;

    • (k)

      that the sailor has not been granted, or has not accepted, Australian citizenship.

Note   A sailor may also be discharged as a result of the operation of regulation 34A.

  • (2)

    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:

    • (a)

      that the sailor’s attendance for naval service has been unsatisfactory; and

    • (b)

      that the sailor resides outside the area approved by the Chief of Navy for the purposes of this regulation in relation to the Naval establishment to which the sailor is attached.

  • (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.

  • (5)

    In this regulation:

medically unfit, in relation to a sailor, means physically or mentally incapacitated for the performance of the sailor’s duties.

39Notice of discharge because of retrenchment

 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.

40Transfer 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.

40AOffer of special benefits to sailors

(1)Subject to regulation 40AA, the Chief of Navy may give to a sailor who holds the rank of Warrant Officer or Chief Petty Officer a written notice stating that if, within a specified period, the sailor:

  • (a)

    discharges from the Navy; or

  • (b)

    notifies the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve;

the sailor will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act 1903.

(2)The period to be specified in the notice is a period of 1 month commencing not earlier thanthe day on which the notice is given to the sailor.

(3)If a sailor is given a notice under subregulation (1):

  • (a)

    the sailor may discharge from the Navy within the period specified in the notice even though he or she would not otherwise be entitled to discharge; and

  • (b)

    if the sailor discharges under paragraph (a):

    • (i)

      the discharge takes effect on the day specified in writing by the Chief of Navy, being a day not later than 28 days after the day on which the sailor notified his or her acceptance of the special benefit; and

    • (ii)

      the sailor is taken for all purposes to have been compulsorily discharged from the Navy.

  • (4)

    If a sailor:

    • (a)

      is given a notice under subregulation (1); and

    • (b)

      notifies the Chief of Navy under paragraph (1) (b);

 the sailor may transfer to the Australian Naval Reserve in the period specified in the notice.

40AANotice of intention to begin discharge or transfer procedures

(1)The Chief of Navy must not give a sailor a notice under subregulation 40A (1) unless the sailor has been given a written notice setting out the matters referred to in subregulation (2) and:

  • (a)

    the sailor has not given to the Chief of Navy the statement of reasons referred to in paragraph (2) (c); or

  • (b)

    having considered a statement of those reasons by the sailor, the Chief of Navy is of the opinion that the notice under subregulation 40A (1) should be given.

(2) The written notice must:

  • (a)

    inform the sailor that the Chief of Navy is considering giving a notice under subregulation 40A (1) to the sailor; and

  • (b)

    state the reasons why the Chief of Navy is considering giving that notice to the sailor; and

  • (c)

    invite the sailor, within the period specified in the notice, to give to the Chief of Navy a written statement of reasons why the sailor should not be discharged from the Navy or transferred to the Australian Naval Reserve.

(3)The period specified for the purpose of paragraph (2) (c) must:

  • (a)

    be a period of at least 14 days; and

  • (b)

    commence not earlier than the day on which the notice is given to the sailor.

40ABDischarge or transfer of sailors without special benefits
  • (1)

    This regulation applies to a sailor:

    • (a)

      to whom a notice has been given under subregulation 40A (1); and

    • (b)

      who does not, within the period specified in the notice:

      • (i)

        discharge from the Navy; or

      • (ii)

        transfer to the Australian Naval Reserve; and

    • (c)

      in respect of whom the Chief of Navy considers it is necessary to take action under this regulation in the interests of the organisational effectiveness of the Navy.

  • (2)

    The Chief of Navy may, at any time after the period specified in the notice given to the sailor under subregulation 40A (1), give notice to the sailor in accordance with subregulation (3).

  • (3)

    The notice is to the effect that the Chief of Navy proposes to discharge the sailor at the end of a period (the relevant period) unless the sailor notifies the Chief of Navy in writing in the relevant period that the sailor wishes to transfer to the Australian Naval Reserve at or before the end of that period.

  • (4)

    The relevant period must be not less than 13 months starting on the day on which the notice is given to the sailor.

  • (5)

    If the sailor does not notify the Chief of Navy in accordance with subregulation (3), the Chief of Navy may discharge the sailor at the end of the relevant period.

  • (6)

    For the purposes of subregulation (5), the Chief of Navy discharges a sailor by giving notice to the sailor that the sailor is discharged from the Navy at the end of the relevant period.

  • (7)

    A sailor to whom notice is given under subregulation (6) is discharged from the Navy at the end of the relevant period.

  • (8)

    A sailor who is discharged under subregulation (7) is taken for all purposes to have been compulsorily discharged from the Navy.

40ACTime not to run during certain periods

(1)In ascertaining when a period referred to in this Division ends in relation to a sailor, any period during which a complaint made by the sailor is being investigated is not to be taken into account.

(2)Subregulation (1) applies only to a complaint that:

  • (a)

    is made by the sailor:

    • (i)

      under the Defence Force Regulations 1952; or

    • (ii)

      to the Defence Force Ombudsman under the Ombudsman Act 1976; and

  • (b)

    concerns action taken under regulation 40A, 40AA or 40AB in relation to the sailor.

Division 9Miscellaneous

40BUniforms

 The uniforms to be worn by members of the Navy, and the circumstances in which a member of the Navy is required or permitted to wear uniform, are as approved by the Chief of Navy.

40DMess debts
  • (1)

    Subregulation (2) applies if:

    • (a)

      a member owes an amount as a debt to a body that:

      • (i)

        operates a mess or a canteen; or

      • (ii)

        provides a similar service; and

    • (b)

      the Commonwealth pays part or all of the amount on behalf of the member.

  • (2)

    The amount paid by the Commonwealth is a debt due by the member to the Commonwealth.

  • (3)

    Without affecting its right to recover an amount payable under this regulation by other means (for example, in a court of competent jurisdiction), the Commonwealth may recover the amount by deducting it from the member’s salary and allowances.

Part IIPermanent Naval Forces

Division 1Appointment, enlistment and promotion in the Permanent Naval Forces

41Oath or affirmation
  • (1)

    For subregulation 29 (2), an oath or affirmation must be taken and subscribed by a person before:

    • (a)

      an officer of the Navy; or

    • (b)

      an officer of the Army; or

    • (c)

      an officer of the Air Force; or

    • (d)

      a Warrant Officer of the Navy; or

    • (e)

      a Warrant Officer Class 1 of the Army; or

    • (f)

      a Warrant Officer of the Air Force; or

    • (g)

      a Justice of the Peace; or

    • (h)

      a Commissioner for Affidavits; or

    • (i)

      a Commissioner for Declarations.

  • (2)

    For the purposes of subsection 25 (2) of the Act:

    • (a)

      the prescribed form of oath is the form set out in Part 1 of Schedule 1; and

    • (b)

      the prescribed form of affirmation is the form set out in Part 2 of Schedule 1.

45Appointment for duty
  • (1)

    Officers shall be appointed, by the Chief of Navy, to their respective ships and duties, from time to time, according to the requirements of the Navy.

46AMembers on extended service ineligible for promotion
  • (1)

    Notwithstanding anything contained in these Regulations, except subregulation (2), an officer or a sailor whose age for retirement has been extended in pursuance of the provisions of section 17 of the Act shall not be eligible for promotion in substantive rank during his extended service.

  • (2)

    Notwithstanding subregulation (1), an officer who:

    • (a)

      holds a permanent appointment in the PNF; and

    • (b)

      has elected to be retired at age 55 under subregulation 102 (2) or (3);

 is eligible for promotion in substantive rank until he or she reaches the age of 55 years or the higher compulsory retirement age applicable to the officer under subregulation 102 (1).

Division 3Retirement

102Retiring age of officers
  • (1)

    For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF before 1 January 1992 is the age set out in the following table in relation to the officer’s rank, opposite the name of the list on which, or branch in which, the officer is or was included before 1 November 1992:

 

List or Branch

Rank

Admiral

Vice

Admiral

Rear

Admiral

Com-modore or Captain

Com-

mander

Lieutenant Com-mander

Lieuten-

ant

Sub-Lieut-enant

General List

63

60

57

55

50

47

47

45

Medical Branch

..

..

57

55

55

55

45

45

Dental Branch

..

..

..

55

55

55

45

45

Nursing Branch

..

..

..

..

55

55

55

..

Instructor Branch

..

..

..

55

52

48

45

45

Ordnance Design and Inspection Branch

..

..

..

55

55

52

52

..

Supplementary

List

..

..

..

55

50

47

47

45

Special Duties

List

..

..

..

55

55

55

55

55

  • (3A)

    An election under subregulation (2) or (3) must be made in writing to the Chief of Navy:

    • (a)

      before the end of 31 December 1992; or

    • (b)

      if the appointment of a PNF officer is extended, or the appointment of the officer is converted to a permanent appointment, under section 11 of the Act — within 3 months after the extension or the conversion;

 whichever occurs later.

  • (3B)

    For the purposes of section 17 of the Act, the age for the compulsory retirement of a PNF officer who was appointed to the PNF on or after 1 January 1992 is:

    • (a)

      for an Admiral — 63 years; and

    • (b)

      for a Vice Admiral — 60 years; and

    • (c)

      for a Rear Admiral — 57 years; and

    • (d)

      for all other ranks of officers — 55 years.

  • (4)

    The age for the compulsory retirement of a chaplain in the PNF is 55 years.

  • (4A)

    Subject to regulation 102A, for the purposes of subregulation (1) an officer who was, immediately before the repeal of the Naval Forces (Women’s Services) Regulations, an officer of the Women’s Royal Australian Naval Service shall be deemed:

    • (a)

      where the officer is a medical officer — to be included in the Medical Branch;

    • (b)

      where the officer is a dental officer — to be included in the Dental Branch;

    • (c)

      where the officer is an instructor — to be included in the Instructor Branch;

    • (d)

      where the officer was, immediately before the repeal of the Naval Forces (Women’s Services) Regulations, on a Women’s Royal Australian Naval Service Special Duties List — to be included on the Special Duties List; and

    • (e)

      in all other cases — to be included on the Supplementary List.

  • (5)

    In this regulation, rank means substantive rank.

102AContinuing application of retiring age fixed for certain female officers
  • (1)

    In this regulation:

former retiring age, in relation to an officer, means the age for the compulsory retirement of the officer that was applicable to the officer by virtue of subregulation 20A (1) of the Naval Forces (Women’s Services) Regulations immediately before the omission of that subregulation.

nominal retiring age, in relation to an officer, means the age for the compulsory retirement of the officer by virtue of regulation 102.

officer means a female officer who immediately before the omission of subregulation 20A (1) of the Naval Forces (Women’s Services) Regulations held an appointment under section 8 of the Act other than an appointment expressed in pursuance of subsection 9 (1) of the Act to be for a specified period of service.

  • (2)

    The former retiring age of an officer shall continue to be the age for the compulsory retirement of that officer until her nominal retiring age exceeds her former retiring age.

103Retiring age of sailors

For the purposes of section 17 of the Act, the age for the compulsory retirement of a sailor of the Permanent Naval Forces is 55 years.

Division 8Miscellaneous

157Industrial Disputes

 No member of the Permanent Naval Forces shall be ordered or required to do any work or to act in the place of civilians who have refused to work because of some dispute as to wages, hours, or conditions of labour, unless and until the matter has been referred to the Minister or a person authorized by him, and his consent to members of the Permanent Naval Forces doing such work has been obtained.

Part IIINaval Emergency Reserve Forces

  173Promotion and reversion of men

 A sailor serving in the Naval Emergency Reserve Forces may, in such circumstances as the Chief of Navy approves and in accordance with conditions approved by the Chief of Navy, be promoted to a higher rank or reverted to a lower rank.

174Retiring ages

For the purposes of section 17 of the Act, the age for the compulsory retirement of a member of the Naval Emergency Reserve Forces is:

  • (a)

    in the case of a member holding the rank of captain — 5 years; or

  • (b)

    in any other case — 50 years.

Part IVAustralian Naval Reserve

Division 1General

180Training periods

 For the purposes of subsection 32A (2) of the Act, the Chief of Navy shall determine:

  • (a)

    training periods in respect of the Australian Naval Reserve; or

  • (b)

    different training periods in respect of different parts, or different classes of members, of that Reserve.

180ANaval service
  • (1)

    For the purposes of subsection 32A (2A) of the Act, a member is bound to render in each training period naval service for such periods as are fixed by the Chief of Navy and applicable to the member.

  • (2)

    For the purposes of paragraph 32A (2B) (a) of the Act, the Chief of Navy may fix different periods of naval service with respect to different parts of the Australian Naval Reserve or different classes of members.

  • (3)

    For the purposes of paragraph 32A (2B) (b) of the Act, the Chief of Navy may exempt:

    • (a)

      a particular member; or

    • (b)

      members within a specified class of members,

 from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period.

  • (4)

    The periods of naval service that a member is bound to render under subregulation (1) shall be rendered in accordance with a program that has been approved by the Chief of Navy.

180CPeriod for the purposes of subsection 32A (5) of the Act

 The Chief of Navy may fix a period for the purposes of subsection 32A (5) of the Act.

180DA kind or kinds of naval service for the purposes of subsection 32A (6) of the Act

 The Chief of Navy may fix a kind or kinds of naval service for the purposes of subsection 32A (6) of the Act.

181Promotion and reversion of men

 A sailor serving in the Australian Naval Reserve may, in such circumstances as the Chief of Navy approves and in accordance with conditions approved by the Chief of Navy, be promoted to a higher rank or reverted to a lower rank.

Division 2Emergency List of Officers

184Emergency List of Officers

 The Reserve of Officers established before the commencement of this regulation by regulation 105 continues in existence notwithstanding the repeal of that regulation, as a part of the Australian Naval Reserve under the name Emergency List of Officers.

189Retiring age

For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer of the Emergency List of Officers is 60 years.

Division 3Royal Australian Fleet Reserve

190Interpretation

 In this Division:

member means a member of the Fleet Reserve.

the Fleet Reserve means the Royal Australian Fleet Reserve constituted by the Fleet Reserve Regulations and continued in existence by these Regulations.

191Fleet Reserve

 The part of the Australian Naval Reserve constituted by the Fleet Reserve Regulations under the name Royal Australian Fleet Reserve continues in existence, notwithstanding the repeal of those Regulations, as a part of the Australian Naval Reserve and under that name.

192Eligibility for enlistment

 A person is not eligible to enlist in the Fleet Reserve unless:

  • (a)

    he has served in the Permanent Naval Forces or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces for a period of not less than 3 years; and

  • (b)

    immediately before being discharged from the forces in which he so served, he held a rank not lower than the rank of Able Seaman.

195Compulsory retirement age

For the purposes of section 17 of the Act, the age for the compulsory retirement of a member of the Fleet Reserve is 55 years.

Division 4Royal Australian Naval Reserve

196Interpretation

 In this Division:

member means a member of the Naval Reserve.

mercantile marine officer means an officer in the Naval Reserve who is ordinarily employed in a ship to which the Navigation Act 1912-1972 applies in the capacity of master, mate or engineer.

the Naval Reserve means the Royal Australian Naval Reserve constituted by the Naval Reserve Regulations and continued in existence by these Regulations.

197Naval Reserve

 Notwithstanding the repeal of the Naval Reserve Regulations, the section of the Australian Naval Reserve constituted by those Regulations under the name Royal Australian Naval Reserve continues in existence under that name and as a part of those Forces.

201Naval service for a period of less than one day

 Where a member renders naval service for a period of less than one day, the member shall, for the purposes of calculating the naval service that he has rendered, be deemed to have rendered naval service for:

  • (a)

    if the period is not less than 6 hours — one day;

  • (b)

    if the period is less than 6 hours but not less than 3 hours — one-half of a day; or

  • (c)

    if the period is less than 3 hours but not less than 2 hours — one-third of a day.

202Compulsory retirement age
  • (1)

    For section 17 of the Act, the age for the compulsory retirement of an officer in the Naval Reserve is 60 years.

  • (1A)

    However, subregulation (1) does not apply if:

    • (a)

      for an officer who holds, and on the commencement of this subregulation, held, the rank of Midshipman — the officer elects, in accordance with subregulation (1B), to adopt the retirement age of 23 years for that rank; or

    • (b)

      for an officer who holds, and on the commencement of this subregulation, held, the rank of Sub-Lieutenant — the officer elects, in accordance with subregulation (1B), to adopt the retirement age of 45 years for that rank.

  • (1B)

    An election for paragraph (1A) (a) or (b) must be in writing, signed by the officer, and delivered to the Chief of Navy not later than the first occurring of the following events:

    • (a)

      6 months after the commencement of this subregulation;

    • (b)

      for an officer holding the rank of Midshipman — the attainment by the officer of the age of 23 years;

    • (c)

      for an officer holding the rank of Sub-Lieutenant — the attainment by the officer of the age of 45 years.

  • (2)

    For section 17 of the Act, the age for the compulsory retirement of a sailor in the Naval Reserve is 60 years.

  • (3)

    However, subregulation (2) does not apply to a sailor who was a member of the Naval Reserve on 30 November 1999 if the sailor elects, in accordance with subregulation (4), to adopt the retirement age of 55 years.

  • (4)

    An election for the purposes of subregulation (3) must be:

    • (a)

      in writing; and

    • (b)

      signed by the sailor; and

    • (c)

      delivered to the Chief of Navy not later than 1 June 2000.

Part VMiscellaneous

  204Naval title after retirement
  • (1)

    Subject to subregulation (2), the Chief of Navy shall, if he places an officer or former officer on a retired list, grant to that officer or former officer a naval title of the same designation as the substantive rank held by him immediately before his retirement.

  • (2)

    The Chief of Navy shall, if he places an officer or former officer on a retired list, grant to that officer or former officer a naval title of the same designation as the next higher rank to the substantive rank held by him immediately before his retirement if that officer or former officer had held that higher rank on a temporary or acting basis:

    • (a)

      for the final year of his service; or

    • (b)

      for 2 of the last 3 years of his service.

  • (3)

    The Chief of Navy shall, if he places a Senior Chaplain or Chaplain on a retired list, grant to that Senior Chaplain or Chaplain the naval title of Senior Chaplain or Chaplain as the case requires.

Schedule 1Oath and affirmation

(subregulation 41 (2))

Part 1Form of oath

I, (insert full name of person), swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires), or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(Insert signature of person)

Taken and subscribed before me on

(insert date)

(Insert signature, name and title of the person before whom the oath is taken and subscribed)

Note   The oath may be taken before an officer of the Navy, Army or Air Force, a Warrant Officer of the Navy, a Warrant Officer Class 1 of the Army, a Warrant Officer of the Air Force, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations: see subregulation 41 (1).

Part 2Form of affirmation

I, (insert full name of person), promise that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires), or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

(Insert signature of person)

Taken and subscribed before me on

(insert date)

(Insert signature, name and title of the person before whom the affirmation is made and subscribed)

Note   The affirmation may be made before an officer of the Navy, Army or Air Force, a Warrant Officer of the Navy, a Warrant Officer Class 1 of the Army, a Warrant Officer of the Air Force, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations: see subregulation 41 (1).

Notes to the Naval Forces Regulations 1935

Note 1

The Naval Forces Regulations 1935 (in force under the Naval Defence Act 1910) as shown in this compilation comprise Statutory Rules 1935 No. 133 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 21 April 2001 is not included in this compilation.

  For subsequent information see Table A.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1935 No. 133

12 Dec 1935

12 Dec 1935

1936 No. 63

14 May 1936

14 May 1936

1936 No. 119

3 Sept 1936

3 Sept 1936

1938 No. 20

17 Feb 1938

17 Feb 1938

1938 No. 46

26 May 1938

R. 4: 29 Jan 1938

Remainder: 26 May

1938

1938 No. 70

7 July 1938

7 July 1938

1938 No. 91

15 Sept 1938

15 Sept 1938

1939 No. 26

20 Apr 1939

20 Apr 1939

1939 No. 27

20 Apr 1939

20 Apr 1939

1939 No. 72

24 Aug 1939

1 Feb 1939

1939 No. 143

9 Nov 1939

9 Nov 1939

1940 No. 123

4 July 1940

4 July 1940

1940 No. 135

11 July 1940

R. 1: 1 June 1940

Remainder: 11 July

1940

1940 No. 147

25 July 1940

25 July 1940

1940 No. 197

12 Sept 1940

22 Apr 1940

1940 No. 217

3 Oct 1940

3 Oct 1940

1940 No. 240

7 Nov 1940

7 Nov 1940

1941 No. 21

6 Feb 1941

6 Feb 1941

1941 No. 187

7 Aug 1941

7 Aug 1941

1941 No. 215

4 Sept 1941

4 Sept 1941

1941 No. 242

23 Oct 1941

23 Oct 1941

1942 No. 48

5 Feb 1942

10 Apr 1941

1942 No. 202

30 Apr 1942

30 Apr 1942

1943 No. 42

25 Feb 1943

25 Feb 1943

1944 No. 63

13 Apr 1944

13 Apr 1944

1946 No. 26

14 Feb 1946

14 Feb 1946

1946 No. 32

21 Feb 1946

21 Feb 1946

1947 No. 34

14 Mar 1947

14 Mar 1947

1947 No. 130

15 Sept 1947

15 Sept 1947

1948 No. 37

15 Mar 1948

15 Mar 1948

1948 No. 87

1 July 1948

1 July 1948

1948 No. 88

1 July 1948

Rr. 2-4: 1 July 1947

Remainder: 1 July

1948

1950 No. 4

26 Jan 1950

26 Jan 1950

1950 No. 26

1 June 1950

R. 1: 25 Jan 1950

Remainder: 1 June

1950

1951 No. 53

18 June 1951

18 June 1951

1951 No. 66

6 July 1951

6 July 1951

1951 No. 165

14 Dec 1951

14 Dec 1951

1953 No. 19

27 Feb 1953

27 Feb 1953

1954 No. 28

1 Apr 1954

1 Apr 1954

1954 No. 115

2 Dec 1954

2 Dec 1954

1954 No. 123

16 Dec 1954

16 Dec 1954

1955 No. 5

13 Jan 1955

13 Jan 1955

1955 No. 16

15 Feb 1955

15 Feb 1955

R. 3

1956 No. 78

20 Nov 1956

20 Nov 1956

1958 No. 88

23 Dec 1958

1 Jan 1959

1959 No. 38

11 June 1959

11 June 1959

1961 No. 51

29 Mar 1961

29 Mar 1961

1961 No. 67

18 May 1961

18 May 1961

1963 No. 113

1 Nov 1963

1 Nov 1963

1963 No. 145

24 Dec 1963

24 Dec 1963

1964 No. 143

16 Nov 1964

16 Nov 1964

1964 No. 157

21 Dec 1964

21 Dec 1964

1965 No. 56

20 May 1965

20 May 1965

1965 No. 67

3 June 1965

3 June 1965

1967 No. 20

1 Mar 1967

1 Mar 1967

1968 No. 15

29 Feb 1968

29 Feb 1968

1968 No. 79

11 July 1968

11 July 1968

R. 3

1969 No. 128

21 Aug 1969

21 Aug 1969

1970 No. 35

25 Mar 1970

25 Mar 1970

1971 No. 71

2 June 1970

2 June 1970

R. 2

1971 No. 179

26 Nov 1970

26 Nov 1970

1971 No. 16

4 Feb 1971

4 Feb 1971

1972 No. 1

20 Jan 1972

20 Jan 1972

1972 No. 44

13 Apr 1972

13 Apr 1972

1972 No. 75

1 June 1972

1 June 1972

1972 No. 125

3 Aug 1972

3 Aug 1972

1972 No. 158

4 Oct 1972

4 Oct 1972

1973 No. 58

22 Mar 1973

22 Mar 1973

1973 No. 105

7 June 1973

7 June 1973

1973 No. 274

19 Dec 1973

19 Dec 1973

1974 No. 78

21 May 1974

21 May 1974

R. 4

1975 No. 1

14 Jan 1975

14 Jan 1975

1976 No. 15

30 Jan 1976

30 Jan 1976

1976 No. 56

6 Feb 1976

9 Feb 1976

R. 4

1978 No. 54

17 Apr 1978

17 Apr 1978

1978 No. 75

30 May 1978

30 May 1978

1979 No. 251

30 Nov 1979

30 Nov 1979

1980 No. 7

1 Feb 1980

1 Feb 1980

R. 2

1980 No. 100

15 May 1980

15 May 1980

1980 No. 104

22 May 1980

22 May 1980

1980 No. 178 (a)

27 June 1980

27 June 1980

1980 No. 225

5 Aug 1980

5 Aug 1980

1980 No. 285

26 Sept 1980

26 Sept 1980

1980 No. 359

12 Dec 1980

12 Dec 1980

1981 No. 53 (a)

2 Apr 1981

2 Apr 1981

1981 No. 227

21 Aug 1981

21 Aug 1981

1981 No. 258

10 Sept 1981

10 Sept 1981

1981 No. 339

27 Nov 1981

27 Nov 1981

1982 No. 34 (a)

5 Feb 1982

5 Feb 1982

R. 2

1982 No. 132

18 June 1982

18 June 1982

R. 3

1982 No. 324

30 Nov 1982

30 Nov 1982

1983 No. 42

21 Apr 1983

21 Apr 1983

1983 No. 62

24 May 1983

24 May 1983

R. 2

1983 No. 205

29 Sept 1983

30 Sept 1983

1983 No. 266

10 Nov 1983

10 Nov 1983

R. 2

1983 No. 282

25 Nov 1983

25 Nov 1983

R. 4

1984 No. 199

27 Aug 1984

27 Aug 1984

1984 No. 377 (a)

30 Nov 1984

30 Nov 1984

R. 3

1984 No. 399

5 Dec 1984

5 Dec 1984

1985 No. 93

7 June 1985

7 June 1985

1985 No. 122

20 June 1985

3 July 1985

1985 No. 212

5 Sept 1985

5 Sept 1985

1986 No. 332

14 Nov 1986

14 Nov 1986

1987 No. 18

11 Feb 1987

11 Feb 1987

1988 No. 39

24 Mar 1988

24 Mar 1988

1988 No. 128

24 June 1988

1 July 1988

1988 No. 234

30 Sept 1988

30 Sept 1988

1990 No. 376

6 Dec 1990

15 Dec 1990

1991 No. 134

26 June 1991

26 June 1991

R. 3

1991 No. 234

31 July 1991

31 July 1991

R. 8

1992 No. 264

26 Aug 1992

26 Aug 1992

1993 No. 191

5 July 1993

5 July 1993

1995 No. 272

26 Sept 1995

1 Nov 1995 (see r. 1

and Gazette 1995, No. S361)

1996 No. 178

21 Aug 1996

1 Dec 1996

1997 No. 45

12 Mar 1997

12 Mar 1997

1998 No. 230

22 July 1998

22 July 1998

1998 No. 331

16 Dec 1998

16 Dec 1998

1999 No. 281

1 Dec 1999

1 Dec 1999

2001 No. 177

5 July 2001

5 July 2001

2002 No. 52

22 Mar 2002

21 Apr 2001

R. 3 [see Table A]

(a)Statutory Rules 1980 No. 178; 1981 No. 53; 1982 No. 34 and 1984 No. 377 were made under the Defence Amendment Act 1979.

Table of Amendments

  • ad. = added or inserted

          am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Heading to Section I of...........

Part I

rep. 1965 No. 67

Heading to Div. 1 of Part I....

ad. 1965 No. 67

R. 1..........................................

rs. 1998 No. 331

R. 3..........................................

am. 1941 No. 187; 1955 No. 5; 1956 No. 78; 1963 No. 145; 1964 No. 157

rs. 1965 No. 67

am. 1969 No. 128

rs. 1970 No. 179

am. 1972 No. 158; 1973 Nos. 105 and 274

rep. 1976 No. 56

R. 4..........................................

am. 1939 No. 72; 1940 No. 147; 1947 No. 130; 1950 No. 4; 1965 Nos. 56 and 67; 1970 No. 179; 1976 No. 56; 1985 No. 122; 1988 No. 128; 1992 No. 264

R. 4A.......................................

ad. 1969 No. 128

am. 1974 No. 78; 1976 No. 56; 1997 No. 45

R. 5..........................................

am. 1976 No. 56; 1981 No. 339

rep. 1988 No. 39

R. 6..........................................

am. 1936 No. 63; 1976 No. 56

rep. 1988 No. 39

R. 6A.......................................

ad. 1944 No. 63

rep. 1976 No. 56

Heading to Section II ...........

of Part I

rep. 1965 No. 67

Heading to Div. 2 of Part I....

ad. 1965 No. 67

rs. 1973 No. 274

am. 1976 No. 56

Div. 2 of Part I .......................

(rr. 8, 9)

rep. 1985 No. 122

R. 7..........................................

rep. 1965 No. 67

R. 8..........................................

rs. 1958 No. 88

am. 1965 No. 67; 1968 No. 79; 1973 No. 274; 1976 No. 56; 1982 No. 132

rep. 1985 No. 122

R. 9..........................................

rep. 1965 No. 67

ad. 1973 No. 274

am. 1976 No. 56

rep. 1985 No. 122

R. 10........................................

rep. 1970 No. 179

Heading to Section III ..........

of Part I

rep. 1965 No. 67

Heading to Div. 3 of Part I....

ad. 1965 No. 67

Div. 3 of Part I .......................

(rr. 12, 20)

rep. 1976 No. 56

Div. 3 of Part I .......................

(r. 12)

ad. 1976 No. 56

rep. 1990 No. 376

R. 11........................................

rs. 1940 No. 147

am. 1942 No. 48; 1947 No. 130; 1954 No. 123; 1959 No. 38; 1961 No. 67

rep. 1972 No. 158

R. 12........................................

rs. 1976 No. 56

am. 1979 No. 251

rep. 1990 No. 376

R. 13........................................

rep. 1972 No. 158

R. 14........................................

rs. 1954 No. 123

am. 1970 No. 179

rep. 1972 No. 158

R. 15........................................

am. 1940 No. 147; 1947 No. 130; 1959 No. 38

rep. 1972 No. 158

Rr. 16, 17................................

rep. 1972 No. 158

R. 18........................................

rs. 1940 No. 147

am. 1942 No. 48; 1947 No. 130; 1954 No. 123; 1959 No. 38

rep. 1972 No. 158

R. 19........................................

rep. 1965 No. 67

R. 20........................................

am. 1970 No. 179

rep. 1976 No. 56

Heading to Section IIIA.........

of Part I

ad. 1963 No. 145

rep. 1965 No. 67

Heading to Div. 3A of............

Part I

ad. 1965 No. 67

Div. 3A of Part I ....................

(rr. 20A, 20B)

rep. 1985 No. 122

R. 20A.....................................

ad. 1963 No. 145

am. 1976 No. 56; 1980 No. 7

rep. 1985 No. 122

R. 20B.....................................

ad. 1963 No. 145

am. 1976 No. 56

rep. 1985 No. 122

Section IV of Part I ...............

(rr. 21–30)

rep. 1965 No. 67

Div. 4 of Part I .......................

(rr. 21–24)

ad. 1979 No. 251

R. 21........................................

rep. 1965 No. 67

ad. 1979 No. 251

am. 1980 No. 285

rs. 1991 No. 234

R. 21A.....................................

ad. 1995 No. 272

R. 22........................................

rep. 1965 No. 67

ad. 1979 No. 251

am. 1985 No. 93

R. 23........................................

am. 1948 Nos. 37 and 88; 1950 No. 4; 1954 No. 28; 1955 No. 5

rep. 1965 No. 67

ad. 1979 No. 251

rs. 1985 No. 93

R. 23A.....................................

ad. 1985 No. 93

R. 24........................................

rep. 1965 No. 67

ad. 1979 No. 251

rs. 1991 No. 234

Rr. 25–30................................

rep. 1965 No. 67

Heading to Section V of.......

Part I

rep. 1965 No. 67

Heading to Div. 5 of Part I....

ad. 1965 No. 67

rep. 1970 No. 179

Div. 5 of Part I .......................

(rr. 31–36, 36A)

rep. 1970 No. 179

Div. 5 of Part I .......................

(rr. 30–34)

ad. 1985 No. 93

R. 29........................................

ad. 2002 No. 52

Heading to r. 30.....................

am. 1997 No. 45

R. 30........................................

ad. 1985 No. 93

am. 1997 No. 45

R. 31........................................

rep. 1970 No. 179

ad. 1985 No. 93

am. 1986 No. 332

R. 31A.....................................

ad. 1942 No. 202

rep. 1970 No. 179

ad. 2002 No. 52

R. 31B.....................................

ad. 2002 No. 52

R. 32........................................

rep. 1970 No. 179

ad. 1985 No. 93

am. 1997 No. 45

R. 32A.....................................

ad. 1941 No. 215

rep. 1970 No. 179

R. 33........................................

rep. 1970 No. 179

ad. 1985 No. 93

rs. 1988 No. 234

am. 1997 No. 45

R. 34........................................

rs. 1942 No. 202

rep. 1970 No. 179

ad. 1985 No. 93

am. 1997 No. 45

R. 34A.....................................

ad. 2001 No. 177

R. 35........................................

rep. 1970 No. 179

Div. 5A of Part I ....................

(r. 35)

ad. 1988 No. 128

R. 35........................................

ad. 1988 No. 128

am. 1997 No. 45

R. 36........................................

rs. 1942 No. 202

rep. 1970 No. 179

R. 36A.....................................

ad. 1942 No. 202

rep. 1970 No. 179

Section VI of Part I ...............

(rr. 37–39)

rep. 1965 No. 67

Heading to Div. 6 of Part I....

am. 1976 No. 56

Heading to Div. 6 of Part I....

ad. 1985 No. 93

Div. 6 of Part I .......................

(rr. 37, 38)

ad. 1969 No. 128

R. 37........................................

rep. 1965 No. 67

ad. 1969 No. 128

am. 1972 Nos. 1 and 75; 1973 No. 58; 1976 No. 56; 1980 No. 100; 1981 No. 227

rep. 1983 No. 282

ad. 2002 No. 52

Rr. 37A–37E..........................

ad. 2002 No. 52

R. 38........................................

rep. 1965 No. 67

ad. 1969 No. 128

am. 1976 No. 56; 1982 No. 324; 1983 No. 282; 1991 No. 234; 1997 No. 45; 2002 No. 52

Note to r. 38 (1) (k)................

ad. 2001 No. 177

R. 39........................................

rep. 1965 No. 67

ad. 1988 No. 128

rs. 2002 No. 52

R. 40........................................

ad. 1988 No. 128

am. 1997 No. 45

rs. 2002 No. 52

Rr. 40A, 40AA–40AC............

ad. 2001 No. 177

Section VII of Part I ..............

(r. 40)

rep. 1965 No. 67

R. 40........................................

rep. 1965 No. 67

Heading to Section VIII........

of Part I

ad. 1941 No. 187

rep. 1965 No. 67

Heading to Div. 8 of Part I....

ad. 1965 No. 67

rep. 1985 No. 122

Div. 8 of Part I .......................

(r. 40A)

rep. 1985 No. 122

R. 40A.....................................

ad. 1941 No. 187

am. 1956 No. 78; 1976 No. 56

rep. 1985 No. 122

Div. 9 of Part I .......................

(rr. 40B, 40C)

ad. 1965 No. 67

R. 40B.....................................

ad. 1965 No. 67

am. 1976 No. 56; 1997 No. 45

R. 40C.....................................

ad. 1965 No. 67

am. 1976 No. 56

rep. 1997 No. 45

R. 40D.....................................

ad. 1996 No. 178

Heading to Section I ............

of Part II

rep. 1965 No. 67

Heading to Div. 1 of Part II..

ad. 1965 No. 67

rs. 1970 No. 179

am. 1985 No. 93

R. 41........................................

rep. 1970 No. 179

ad. 1988 No. 128

am. 1993 No. 191; 2002 No. 52

R. 42........................................

rep. 1970 No. 179

R. 43........................................

rep. 1985 No. 93

R. 44........................................

rep. 1970 No. 179

R. 45........................................

am. 1972 No. 158; 1976 No. 56; 1997 No. 45

R. 46........................................

rs. 1939 No. 72

rep. 1970 No. 179

R. 46A.....................................

ad. 1951 No. 66

am. 1976 No. 56; 1992 No. 264

R. 47........................................

rep. 1970 No. 179

R. 48........................................

am. 1947 No. 34

rep. 1970 No. 179

R. 49........................................

am. 1939 No. 72; 1947 No. 34

rep. 1970 No. 179

R. 49A.....................................

ad. 1939 No. 72

am. 1951 No. 53

rep. 1965 No. 56

R. 49B.....................................

ad. 1939 No. 72

am. 1940 No. 217

rep. 1965 No. 56

R. 49C.....................................

ad. 1939 No. 72

rep. 1965 No. 56

R. 49D.....................................

ad. 1939 No. 72

am. 1950 No. 4

rep. 1965 No. 56

Rr. 50, 51................................

rep. 1970 No. 179

R. 52........................................

am. 1976 No. 56

rep. 1987 No. 18

R. 52A.....................................

ad. 1936 No. 119

am. 1976 No. 56; 1983 No. 205

rep. 1987 No. 18

R. 53........................................

am. 1976 No. 56

rep. 1987 No. 18

R. 54........................................

am. 1976 No. 56

rep. 1985 No. 93

R. 55........................................

rep. 1970 No. 179

R. 56........................................

rep. 1948 No. 88

R. 57........................................

rs. 1948 No. 88

am. 1950 No. 4; 1953 No. 19; 1968 No. 15; 1976 No. 56

rep. 1985 No. 93

R. 58........................................

rep. 1948 No. 88

R. 59........................................

rs. 1936 No. 63

rep. 1970 No. 179

R. 60........................................

rs. 1936 No. 63

am. 1950 No. 4; 1968 No. 15; 1970 No. 179; 1976 No. 56

rep. 1985 No. 93

Rr. 61, 62................................

rs. 1936 No. 63

rep. 1970 No. 179

Rr. 63–71................................

rep. 1970 No. 179

R. 72........................................

am. 1936 No. 63; 1950 No. 4

rep. 1968 No. 15

R. 73........................................

rep. 1968 No. 15

R. 74........................................

am. 1936 No. 63; 1940 No. 135; 1950 No. 4; 1968 No. 15; 1970 No. 179; 1976 No. 56

rep. 1985 No. 93

R. 75........................................

am. 1938 No. 46

rep. 1970 No. 179

R. 75A.....................................

ad. 1938 No. 46

rep. 1970 No. 179

Rr. 76–80................................

rep. 1970 No. 179

R. 81........................................

am. 1940 No. 147; 1959 No. 38; 1972 No. 44

rs. 1972 No. 125; 1976 No. 56

rep. 1988 No. 128

R. 81A.....................................

ad. 1940 No. 123

am. 1943 No. 42

rep. 1972 No. 125

R. 81B.....................................

ad. 1941 No. 21

rep. 1972 No. 125

R. 81C.....................................

ad. 1941 No. 242

rep. 1972 No. 125

R. 81D.....................................

ad. 1956 No. 78

rep. 1972 No. 125

R. 82........................................

rs. 1972 No. 125

am. 1973 No. 58; 1976 Nos. 15 and 56

rep. 1988 No. 128

R. 83........................................

rep. 1965 No. 67

Heading to Section II of .......

Part II

rep. 1965 No. 67

Heading to Div. 2 of Part II..

ad. 1965 No. 67

Div. 2 of Part II ......................

(rr. 84–86, 88–91, 91A,

92–95, 95A–95D, 96, 97, 97A, 98)

rep. 1970 No. 179

R. 84........................................

rs. 1938 No. 20

am. 1938 No. 46; 1939 No. 27; 1940 No. 217

rep. 1970 No. 179

Rr. 85, 86................................

rep. 1970 No. 179

R. 87........................................

rep. 1938 No. 20

Rr. 88–90................................

rep. 1970 No. 179

R. 91........................................

am. 1939 No. 27; 1940 No. 197; 1946 No. 26; 1950 No. 26

rep. 1970 No. 179

R. 91A.....................................

ad. 1940 No. 197

rep. 1970 No. 179

Rr. 92–95................................

rep. 1970 No. 179

Heading preceding r. 95A....

ad. 1939 No. 27

rep. 1970 No. 179

Rr. 95A–95D..........................

ad. 1939 No. 27

rep. 1970 No. 179

Heading preceding r. 96.......

rs. 1939 No. 27

rep. 1970 No. 179

R. 96........................................

am. 1939 No. 27

rep. 1970 No. 179

R. 97........................................

rep. 1970 No. 179

R. 97A.....................................

ad. 1940 No. 217

rep. 1970 No. 179

R. 98........................................

rep. 1970 No. 179

Heading to Section III...........

of Part II

rep. 1965 No. 67

Heading to Div. 3 of Part II..

ad. 1965 No. 67

Div. 3 of Part II ......................

(rr. 99, 100, 102, 102A, 103, 118–121)

rep. 1970 No. 179

Rr. 99, 100..............................

rep. 1970 No. 179

R. 101......................................

rep. 1965 No. 67

Div. 3 of Part II ......................

(rr. 102, 103)

ad. 1970 No. 179

R. 102......................................

am. 1938 Nos. 46 and 70; 1939 No. 143; 1946 No. 32; 1947 No. 34; 1948 Nos. 37 and 87; 1955 No. 16

rs. 1961 No. 67; 1970 No. 179

am. 1971 No. 16; 1972 No. 1; 1975 No. 1; 1976 No. 56; 1978 No. 54; 1980 Nos. 104 and 225; 1981 No. 227; 1983 Nos. 42, 62 and 266; 1985 No. 93; 1991 Nos. 134 and 234; 1992 No. 264; 1997 No. 45

R. 102A...................................

ad. 1948 No. 87

am. 1955 No. 16; 1961 No. 67

rep. 1970 No. 179

ad. 1981 No. 227

am. 1985 No. 93

R. 103......................................

am. 1939 Nos. 27 and 143; 1947 No. 34; 1950 No. 26; 1954 No. 115

rs. 1970 No. 179

am. 1972 No. 1

rs. 1972 No. 44

am. 1976 No. 56

R. 104......................................

rep. 1969 No. 128

R. 105......................................

am. 1950 No. 4

rep. 1969 No. 128

R. 106......................................

am. 1951 No. 165

rep. 1969 No. 128

R. 107......................................

rep. 1969 No. 128

Rr. 108, 109...........................

rep. 1965 No. 67

Rr. 110, 111...........................

rep. 1969 No. 128

R. 112......................................

rep. 1965 No. 67

R. 113......................................

rep. 1969 No. 128

R. 114......................................

rep. 1965 No. 67

R. 115......................................

rep. 1953 No. 19

Rr. 116, 117...........................

rep. 1969 No. 128

R. 117A...................................

ad. 1950 No. 4

rep. 1969 No. 128

Rr. 118–120...........................

rep. 1970 No. 179

R. 121......................................

am. 1939 No. 27; 1940 Nos. 197 and 240; 1950 No. 4

rep. 1970 No. 179

Heading to Section IV of......

Part II

rep. 1965 No. 67

Heading to Div. 4 of Part II..

ad. 1965 No. 67

Div. 4 of Part II ......................

(rr. 130, 131, 134)

rep. 1985 No. 122

Rr. 122, 123...........................

rep. 1965 No. 67

Rr. 124–128...........................

rep. 1970 No. 179

R. 129......................................

am. 1976 No. 56

rep. 1981 No. 258

Rr. 130, 131...........................

am. 1976 No. 56

rep. 1985 No. 122

R. 132......................................

am. 1967 No. 20

rep. 1970 No. 179

R. 133......................................

rep. 1970 No. 179

R. 134......................................

am. 1970 No. 179; 1976 No. 56

rep. 1985 No. 122

Rr. 135–137...........................

rep. 1970 No. 179

Heading to Section V of.......

Part II

rep. 1965 No. 67

Heading to Div. 5 of Part II..

ad. 1965 No. 67

rep. 1998 No. 331

R. 138......................................

am. 1938 No. 91; 1965 No. 67; 1970 No. 179; 1972 No. 1; 1974 No. 78; 1976 No. 56

rep. 1981 No. 53

R. 138A...................................

ad. 1974 No. 78

rep. 1981 No. 53

Rr. 139, 140...........................

am. 1976 No. 56

rep. 1981 No. 53

R. 141......................................

am. 1939 No. 26; 1965 No. 67

rep. 1976 No. 56

Rr. 142, 143...........................

rep. 1970 No. 179

R. 144......................................

rs. 1938 No. 20

am. 1976 No. 56

rep. 1981 No. 53

R. 144A...................................

ad. 1970 No. 35

am. 1970 No. 71; 1976 No. 56

rep. 1982 No. 34

R. 145......................................

rep. 1976 No. 56

R. 146......................................

rep. 1970 No. 179

R. 147......................................

rs. 1973 No. 58

am. 1976 No. 56; 1984 No. 377

rep. 1998 No. 331

R. 148......................................

rep. 1973 No. 58

ad. 1980 No. 178

rep. 1981 No. 53

Section VI of Part II...............

(r. 149)

rep. 1939 No. 27

R. 149......................................

rep. 1939 No. 27

Section VII of Part II .............

(rr. 150, 152–154)

rep. 1965 No. 67

R. 150......................................

rep. 1965 No. 67

R. 151......................................

rep. 1939 No. 72

Rr. 152–154...........................

rep. 1965 No. 67

Heading to Section VIII.........

of Part II

rep. 1965 No. 67

Heading to Div. 8 of Part II..

ad. 1965 No. 67

R. 155......................................

rep. 1970 No. 179

R. 156......................................

rs. 1940 No. 147

rep. 1970 No. 179

R. 157......................................

am. 1976 No. 56

Rr. 158–160...........................

rep. 1965 No. 67

R. 161......................................

rep. 1967 No. 20

R. 162......................................

rep. 1970 No. 179

Rr. 163–165...........................

am. 1969 No. 128

rep. 1976 No. 56

R. 166......................................

am. 1967 No. 20

rep. 1976 No. 56

Rr. 167, 168...........................

rep. 1965 No. 67

Part III......................................

(r. 169)

ad. 1964 No. 157

rep. 1965 No. 67

Part III ....................................

(rr. 167–179)

ad. 1965 No. 67

Rr. 167, 168...........................

rs. 1965 No. 67

am. 1976 No. 56; 1983 No. 205

rep. 1988 No. 128

R. 169......................................

ad. 1964 No. 157

rs. 1965 No. 67

am. 1976 No. 56

rep. 1985 No. 212

R. 170......................................

ad. 1965 No. 67

am. 1976 No. 56

rs. 1985 No. 212

rep. 1988 No. 128

R. 171......................................

ad. 1965 No. 67

rs. 1969 No. 128

am. 1976 No. 56

rep. 1988 No. 128

R. 172......................................

ad. 1965 No. 67

am. 1976 No. 56; 1985 No. 212

rep. 1988 No. 128

R. 173......................................

ad. 1965 No. 67

rs. 1969 No. 128

am. 1976 No. 56; 1997 No. 45

R. 174......................................

ad. 1965 No. 67

am. 1976 No. 56

R. 175......................................

ad. 1965 No. 67

am. 1973 No. 274; 1976 No. 56

rep. 1984 No. 399

R. 176......................................

ad. 1965 No. 67

am. 1976 No. 56

rep. 1984 No. 399

R. 177......................................

ad. 1965 No. 67

rep. 1984 No. 399

R. 178......................................

ad. 1965 No. 67

am. 1976 No. 56

rep. 1984 No. 399

R. 179......................................

ad. 1965 No. 67

rep. 1969 No. 128

Heading to Part IV.................

rs. 1969 No. 128; 1983 No. 205

Part IV.....................................

(r. 180)

ad. 1965 No. 67

Heading to Div. 1 of Part IV.

ad. 1969 No. 128

R. 180......................................

ad. 1965 No. 67

am. 1973 No. 274; 1976 No. 56

rs. 1983 No. 205

am. 1997 No. 45

R. 180A...................................

ad. 1983 No. 205

am. 1991 No. 234; 1997 No. 45

R. 180B...................................

ad. 1983 No. 205

rep. 1988 No. 128

Rr. 180C, 180D......................

ad. 1983 No. 205

am. 1997 No. 45

R. 180E...................................

ad. 1983 No. 205

rep. 1988 No. 128

R. 181......................................

ad. 1969 No. 128

am. 1976 No. 56; 1983 No. 205

am. 1997 No. 45

R. 182......................................

ad. 1969 No. 128

rep. 1983 No. 205

R. 183......................................

ad. 1969 No. 128

am. 1976 No. 56; 1983 No. 205

rep. 1984 No. 377

Heading to Div. 2 of Part IV.

ad. 1969 No. 128

R. 184......................................

ad. 1969 No. 128

am. 1976 No. 56; 1983 No. 205

R. 185......................................

ad. 1969 No. 128

am. 1976 No. 56

rep. 1988 No. 128

R. 186......................................

ad. 1969 No. 128

am. 1976 No. 56

rep. 1985 No. 93

R. 187......................................

ad. 1969 No. 128

rep. 1988 No. 128

R. 188......................................

ad. 1969 No. 128

rep. 1985 No. 93

R. 189......................................

ad. 1969 No. 128

am. 1976 No. 56

Heading to Div. 3 of Part IV.

ad. 1969 No. 128

R. 190......................................

ad. 1969 No. 128

R. 191......................................

ad. 1969 No. 128

am. 1983 No. 205

R. 192......................................

ad. 1969 No. 128

am. 1976 No. 56

R. 193......................................

ad. 1969 No. 128

am. 1972 No. 1; 1976 No. 56

rep. 1988 No. 128

R. 194......................................

ad. 1969 No. 128

am. 1976 No. 56

rep. 1988 No. 128

R. 195......................................

ad. 1969 No. 128

am. 1972 No. 1; 1976 No. 56

rs. 1991 No. 234

Div. 4 of Part IV ....................

(rr. 196–203)

ad. 1973 No. 105

R. 196......................................

ad. 1973 No. 105

R. 197......................................

ad. 1973 No. 105

am. 1983 No. 205

R. 198......................................

ad. 1973 No. 105

am. 1976 No. 56; 1983 No. 205

rep. 1988 No. 128

Rr. 199, 200...........................

ad. 1973 No. 105

am. 1976 No. 56

rep. 1988 No. 128

R. 201......................................

ad. 1973 No. 105

am. 1976 Nos. 15 and 56

rs. 1983 No. 205

R. 202......................................

ad. 1973 No. 105

am. 1976 No. 56; 1984 No. 199; 1998 No. 230; 1999

No. 281

R. 203......................................

ad. 1973 No. 105

am. 1976 No. 56

rep. 1983 No. 205

Part V......................................

(r. 204)

ad. 1978 No. 75

R. 204......................................

ad. 1978 No. 75

rs. 1980 No. 359

am. 1983 No. 282; 1997 No. 45

Heading to The Schedule....

rep. 1973 No. 274

Heading to Schedule 1.........

ad. 1973 No. 274

rep. 1985 No. 122

The Schedule.........................

(Renamed Schedule 1)

ad. 1958 No. 88

am. 1959 No. 38; 1961 No. 51; 1963 Nos. 113 and 145; 1964 No. 143; 1965 No. 67

rs. 1968 No. 79

am. 1972 No. 1

Schedule 1.............................

am. 1976 No. 56; 1981 No. 227; 1982 No. 132; 1983 No. 205; 1984 No. 399

rep. 1985 No. 122

Schedule 2.............................

ad. 1973 No. 274

am. 1976 No. 56

rep. 1985 No. 122

Heading to Schedule 1.........

rs. 2002 No. 52

Schedule.................................

(Renamed Schedule 1)

ad. 1988 No. 128

am. 1993 No. 191; 2002 No. 52

Note 2

Subregulation 41 (2) — Schedule 1 (item 9) of the Naval Forces Amendment Regulations 2002 (No. 1) provides as follows:

[9]Subregulation 41 (2)

omit

For the purposes of subsection 25 (2) of the Act,

insert

For subregulation 29 (2),

The proposed amendment was misdescribed and is not incorporated in this compilation.

Table AApplication, saving or transitional provisions

Statutory Rules 2002 No. 52

3Application of amendments

 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.

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