Naval Forces Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this fourteenth day of November, 1970

Paul Hasluck

Governor-General.

By His Excellency's Command,

D. J. KILLEN

Minister of State for the Navy.

Amendments oF the Naval Forces regulations 

1. Regulation 3 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead :—

Parts.

" 3. These Regulations are divided into Parts as follows :—

Part  1.—General.

Division 1.—Preliminary (Regulations 1-6a).

Division 2.—Application of the Naval Discipline Act to the Naval Forces (Regulation 8).

Division 3.—The Naval Board (Regulations 11-20).

Division 3a,—Judge Advocate General (Regulations 20a-20b).

Division 6.—Discharge of Men (Regulations 37-38).

Division 8.—Imprisonment and Detention (Regulation 40a).

Division 9.—Miscellaneous (Regulations 40b-40c).

Part II.—Permanent Naval Forces.

Division 1—Appointment, Enlistment and Promotion (Regulations 43-82).

Division 3.—Retirement (Regulations 102-103).

Division 4.—Discipline (Regulations 129-134).

Division 5.—Leave of Absence (Regulations 138-148).

Division 8.—Miscellaneous (Regulation 157).

Part III.—Naval Emergency Reserve Forces (Regulations 167-178).

Part IV.—Citizen Naval Forces.

Division 1.—General (Regulations 180-183).

Division 2.—Emergency List of Officers (Regulations 184-189).

Division 3.—Royal Australian Fleet Reserve (Regulations 190-195).".

Definitions.

2.Regulation 4 of the Naval Forces Regulations is amended—

(a)by omitting the definitions of " British subject ", " The Minister ", " Naturalized person ", " District Naval Officer ", " Division ", " Lent " and " Seconded "; and

(b)by omitting the definition of "The Secretary" and inserting in its stead the following definition :—

"'The Secretary' means the person holding, or performing the the duties of, the office of Secretary to the Department of the Navy.".

*Notified in the Commonwealth Gazette on  ,1970.

For previous amendments of the Naval Forces Regulations, see footnote  to Statutory Rules 1970, No. 35; andsee also Statutory Rules 1970, No. 35.

15688/70—Price 8c 10/1.10.1970

Officers and men to know regulations.

3. Regulation 10 of the Naval Forces Regulations is repealed.

Secretary to the Board.

4. Regulation 14 of the Naval Forces Regulations is amended by omitting from sub-regulation (1.) the words " to the Department of the Navy ".

Flag of Naval Board.

5. Regulation 20 of the Naval Forces Regulations is amended by omitting the words—

" The Flag of the Naval Board is to be saluted by firing fifteen guns, within the waters of the Commonwealth of Australia, on the same occasions as those on which the Admiralty Flag is saluted.".

Division 5 of Part I.

6. Division 5 of Part I. of the Naval Forces Regulations is repealed.

Heading to Division 1 of Part II.

7. The heading to Division 1 of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

" Division 1.—Appointment, Enlistment and Promotion.".

Repeal of regulations 41, 42, 44, 46, 47 to 51, 55 and 59.

8. Regulations 41, 42, 44, 46, 47 to 51 (inclusive), 55 and 59 of the Naval Forces Regulations are repealed.

Qualifications for entry.

9. Regulation 60 of the Naval Forces Regulations is amended by omitting the words " under regulation 59 " and inserting in their stead the words " as an officer in the Medical Branch with the rank of Surgeon Lieutenant ".

Repeal of regulations 61 to 71.

10. Regulations 61 to 71 (inclusive) of the Naval Forces Regulations are repealed.

Dental surgeons.

11. Regulation 74 of the Naval Forces Regulations is amended by omitting the words " Surgeon Lieutenant (D) in the Permanent Naval Forces " and inserting in their stead the words " an officer in the Dental Branch with the rank of Surgeon Lieutenant (D) ".

Repeal of regulations 75 to 80.

12. Regulations 75 to 80 (inclusive) of the Naval Forces Regulations are repealed.

Division 2 of Part II.

13. Division 2 of Part II. of the Naval Forces Regulations is repealed.

14. Division 3 of Part II. of the Naval Forces Regulations is repealed and the following Division inserted in its stead:—

Retiring age of officer.

" Division 3.—Retirement.

" 102.—(1.) For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer of the Permanent Naval Forces is, subject to the succeeding sub-regulations of this regulation, the age set out in the following table in relation to his rank and the name of the list on which, or branch in which, he is included:—

Rank
List or Branch	Admiral	Vice Admiral	Rear Admiral	Captain	Commander	Lieutenant Commander	Lieutenant	Sub-Lieutenant
General List ..............................	65	60	57	55	50	45	45	45
Medical Branch ..............................	..	..	60	57	55	48	45	45
Dental Branch ..............................	..	..	..	57	55	48	45	45
Instructor Branch..............................	..	..	..	55	52	48	45	45
Ordinance Design and Inspections Branch............................	..	..	..	57	55	52	52	..
Supplementary List ..............................	..	..	..	..	50	45	45	45
Special Duties List ..............................	..	..	..	..	55	55	55	55

" (2.) The age for the compulsory retirement of an officer in the Naval Dockyard Police is fifty-five years.

" (3.) The age for the compulsory retirement of an officer in the Instructor Branch of the Permanent Naval Forces who, on the fourteenth day of January, 1947, transferred from the Schoolmaster Branch of those Forces to the Instructor Branch of those Forces is fifty-five years.

" (4.) The age for the compulsory retirement of an officer in the Chaplain Branch of the Permanent Naval Forces is—

(a)in the case of an officer who holds an appointment of Senior Chaplain—fifty-five years; or

(b) in the case of any other officer—fifty years.

" (5.) In this regulation, ' rank ' means substantive rank.

Retiring age of seaman.

" 103. For the purposes of section 17 of the Act, the age for compulsory retirement of a seaman of the Permanent Naval Forces is—

(a) in the case of a seaman in the Naval Dockyard Police—fifty-five years; or

(b) in the case of any other seaman—fifty years.".

Repeal of regulations 124 to 128, 112 and 133.

15. Regulations 124 to 128 (inclusive), 132 and 133 of the Naval Forces Regulations are repealed.

Arrest.

16. Regulation 134 of the Naval Forces Regulations is amended by omitting the words ", or a District Naval Officer,".

Repeal of regulations 135, 136 and 137.

17. Regulations 135, 136 and 137 of the Naval Forces Regulations are repealed.

Home service leave.

18. Regulation 138 of the Naval Forces Regulations is amended—

(a)by omitting paragraphs (b) and (c) of sub-regulation (1.) and inserting in their stead the following word and paragraph:—

" or (b) in the case of members of the Naval Dockyard Police— twenty-eight days.";

(b)by omitting the proviso to sub-regulation (1.); and

(c) by omitting sub-regulation (2.).

Repeal of regulations 142, 143, 146, 155, 156 and 162.

19. Regulations 142, 143, 146, 155, 156 and 162 of the Naval Forces Regulations are repealed.

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