Naval Forces Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1321

Naval Forces Regulations2 (Amendment)

1, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910.

Dated 11 June 1982.

Governor-General

By His Excellency’s Command,

Minister of State for Defence

 

Modifications, &c., of the Naval Discipline Act

1. Regulation 8 of the Naval Forces Regulations is amended—

(a) by inserting in sub-regulation (1a) “and the members of the Navy” after “Navy”;

(b) by inserting in sub-regulation (1) “and the members of the Navy” after “Navy”; and

(c) by omitting from sub-regulation (1) “exceptions, and”.

Schedule 1

2. Schedule 1 to the Naval Forces Regulations is amended

(a) by adding “AND THE MEMBERS OF THE NAVY” after “NAVY” in the heading to the Schedule;

(b) by omitting from Item 18 “commission granted” and substituting “instrument in writing signed”; and

(c) by omitting from Item 18—

“Omit sub-sections (4) and (5)”

and substituting the following modifications:

“After sub-section (1) insert the following sub-section:

‘(1a) The Governor-General may, at any time, by instrument in writing, revoke an instrument referred to in sub-section (1).’.

 

S.R. No. 201/81 Cat. No. —Recommended retail price 20c 12/18.2.1982

 

Omit from sub-section (3) ‘by commission’, substitute ‘, by instrument in writing.’.

Omit from sub-section (3) ‘commission’ (second and third occurring), substitute ‘instrument’.

Omit sub-sections (4) and (5), substitute–

‘(4) An instrument under sub-section (1) or (3) may be expressed to authorize an officer by specifying his name or by reference to an office or appointment.

‘(5) Where an instrument under sub-section (1) or (3) is expressed to authorize an officer by reference to an office or appointment, the person for the time being performing the duties of that office or appointment (whether or not as the holder of that office or appointment) is authorized tinder that instrument.’.”.

Transitional

3. (1) In this regulation, “Naval Discipline Act” means the Naval Discipline Act in its application to and in relation to the Navy and the members of the Navy by virtue of section 34 of the Naval Defence Act 1910.

(2) Notwithstanding the amendment effected by paragraph 2 (c), a commission granted under sub-section 53 (1) or (3) of the Naval Discipline Act and in force immediately before the commencement of these Regulations continues in force on and after that commencement but may be revoked under section 53 of the Naval Discipline Act as modified in its application by these Regulations as if it were an instrument made under sub-section 53 (1) or (3), as the case may be, of the Naval Discipline Act as modified in its application by these Regulations.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 June 1982.

2. Statutory Rules 1935 No. 133 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 34 and see also Statutory Rules 1982 No. 34.

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