Naval Forces Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 71

 

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 second day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd) Tom Drake Brockman

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

 

Amendments of the Naval Forces Regulations 

War Service leave.

1. Regulation 144a of the Naval Forces Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member of the Permanent Naval Forces has rendered or renders, on or after the first day of July, 1968, a period of special service, a period of war service leave, calculated at the rate of one and one-half days for each completed month of that period of special service may be credited to the member.”; and

(b) by adding at the end thereof the following sub-regulations:—

“(4.) Subject to the next succeeding sub-regulation, for the purpose of sub-regulation (1.) of this regulation, ‘period of special service’, in relation to a member, means a period of service of the member comprising—

(a) a period when he is outside Australia and he or his unit it allotted for special duty in a special area; and

(b)if at the end of that period, he is outside Australia and travels to a place other than the place where he is at the end of that period, being a place to which he or his unit is allotted for duty other than special duty—the period commencing at the end of that period and ending at the time when—

(i) he arrives at that other place;

(ii) he commences a further period of special service; or

(iii) he ceases to be outside Australia,

whichever first occurs.

“(5.) Where a member has rendered—

(a) a period of special service comprising—

(i) a period when he was outside Australia and he or his unit was allotted for special duty in a special area; and

* Notified in the Commonwealth Gazette on 2 June 1970.

  Statutory Rules 1935, No. 133, as amended to date. For previous amendments of the Naval Forces Regulations, see footnote   to Statutory Rules 1970, No. 35 and see also Statutory Rules 1970, No. 35.

16109/70—Price 5c 10/21.5.1970

 

(ii) a period that commenced at the end of that period and ended at the time when he commenced a further period of special service; and

(b) that further period of special service,

that period of special service and that further period of special service shall, for the purpose of sub-regulation (1.) of this regulation, be deemed to be one continuous period of special service rendered by the member.

“(6.) For the purpose of ascertaining a member’s period of special service for the purpose of this regulation—

(a) the member shall, if he travels from a place in Australia to a place outside Australia, be deemed to have departed from Australia when he departs from the last port of call in Australia; and

(b) the member shall, if he travels to Australia from a place outside Australia, be deemed to have arrived in Australia when he arrives at the first port of call in Australia.

“(7.) Where a member, during a period of special service—

(a) returns to Australia in accordance with the Rest and Recuperation arrangements of the Naval Forces;

(b) returns to Australia on emergency or other leave granted on compassionate grounds;

(c) returns to Australia on duty; or

(d) returns to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Naval Forces,

so much of the period of service of the member in Australia after his return as does not exceed fourteen days shall, for the purposes of this regulation, be deemed to be a period when the member is outside Australia.

“(8.) In the application of this regulation in relation to a member at a particular time, ‘special duty’ and ‘special area’ have the same respective meanings as they had or have at that time under the Repatriation (Special Overseas Service) Act 1962 as in force at that time.”.

Application.

2. A member of the Permanent Naval Forces is not entitled to be credited with war service leave under regulation 144a of the Naval Forces Regulations as amended by the last preceding regulation in respect of a period of special service if he had been credited with war service leave in respect of that period of special service before the date of commencement of these Regulations under regulation 144a of the Naval Forces Regulations as in force before that date.

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