STATUTORY
RULES.
1958.
No. 88
REGULATIONS UNDER THE
NAVAL DEFENCE ACT 1910-1952.*
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 1910-1952.
Dated this 19th
day
of December , 1958.
W.J. Slim
Governor-General.
By His
Excellency's Command,
Minister of State for
the Navy.
Amendments
of the Naval Forces Regulations.
Commencement.
1. These Regulations
shall come into operation on the first day of January, 1959
2. Regulation 8 of the
Naval Forces Regulations is repealed and the following regulation inserted in
its stead:—
Modifications,
&c. of the Naval Discipline Act.
"8.—(1.)
For the purpose of the application of the Naval Discipline Act to the Naval
Forces by virtue of section 36 of the Acts, the Naval Discipline Act is subject
to the modifications and adaptations specified in the Schedule to these
Regulations.
"(2.) In the
construction of the Naval Discipline Act as so modified and adapted, references
inserted in that Act to Acts, regulations, authorities, persons and things
shall, unless the contrary intention appears, be deemed to be references to
Acts, regulations, authorities, persons and things in or of the Commonwealth of
Australia.".
*Notified
in the Commonwealth Gazette on 23rd Dec. , 1958.
Statutory
Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938,
Nos. 20, 46, 70 and 91; 1939, Nos. 26, 27, 72 and 143; 1940, Nos. 123, 135,
147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 202;
1943, No. 42; 1944, No. 63; 1946, Nos. 26 and 32; 1947, Nos. 34 and 130; 1948,
Nos. 37, 87 and 88; 1950, Nos. 4 and 26; 1951, Nos. 53, 66 and 165; 1953, No.
19; 1954, Nos. 28, 115 and 123; 1955, Nos. 5 and 16; and 1956, No. 78.
8587/58.—Price 5d. 10/15.12.1958.
The
schedule,
3. The Naval Forces
Regulations are amended by adding at the end thereof the following schedule:—
THE SCHEDULE. Regulation
8.
MODIFICATIONS
AND ADAPTATIONS OF THE NAVAL DISCIPLINE ACT IN ITS APPLICATION TO THE NAVAL
FORCES.
(i) Modifications.
Item No. | Section of Act. | Extent of
Modification. |
(1.) | 21 | Omit the words "regulations issued
under the authority of the Admiralty, the Army Council or the Air
Council" and insert in their stead the words "directions issued by
the Naval Board, the Military Board or the Air Board or regulations applying
to or in relation to the Defence Force".
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(2.) | 23 | Omit from paragraph (a) the words
"High Court" and insert in their stead the words "appropriate
Court in Australia authorized to act as a Prize Court".
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(3.) | 32 | Omit from paragraph (a) the words
"subsection (1) of section one of the Naval Billeting, &c. Act,
1914," and insert in their stead the words "section sixty-eight of
the Defence Act 1903– 1956".
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(4.) | 33 | (a)Omit from subsection
(1) the words "subsection (1) of section one of the Naval Billeting
&c. Act, 1914," and insert in their stead the words "section
sixty-seven of the Defence Act 1903-1956";
and
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(b)Omit subsection (2)
and insert in its stead the following subsection:—
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"(2) Subsection (1) of this
section shall apply in relation to any chattel other than a vehicle mentioned
in section sixty-seven of the Defence Act
1903–1956 as it applies in relation to vehicles.".
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(5.) | 38 | Omit from subsection (2) the words
"in pursuance of the Army Act, 1955, or the Air Force Act, 1955, or the
law of any colony" and insert in their stead the words "under the Naval
Defence Act 1910–1952, the Defence
Act 1903–1956 or the Air Force Act 1923–1956".
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(6.) | 53 | (a)Omit subsection (1)
and insert in its stead the following subsection:—
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"(1) Subject to the provisions of
this section, a court-martial may be ordered by the Naval Board, or by any
officer of the Royal Navy or the Royal Australian Navy who is authorized in
that behalf by commission granted by the Governor-General."; and
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(b)Omit from subsection
(5) the word "Admiralty" and insert in its stead the words
"Naval Board".
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(7.) | 58 | Omit the section and insert in its
stead the following section:— "58. General Orders made by the
Admiralty for regulating the procedure and practice of courts-martial, with
the exception of provisions made in pursuance of the power conferred by
subsection (3) of section 48 of the Naval Discipline Act 1957 in its application
to the Royal Navy, apply to and in relation to courts-martial in the Naval
Forces of the Commonwealth.".
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(8.) | 59 | Omit from subsection (6) the words
"Courts-martial Appeal Court" and insert in their stead the words
"Courts-Martial Appeal Tribunal".
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(9.) | 63 | Omit from subsection (2) the words
"Her Majesty's" and insert in their stead the words "the
Governor-General's".
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Item No. | Section of Act. | Extent of Modification. |
(10.) | 65 | Omit from paragraph (b)of the
proviso to subsection (3) the word "Admiralty" and insert in its
stead the words "Department of the Navy".
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(11.) | 68 | Omit subsection (2).
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(12.) | 70 | Omit subsection (3) and insert in its stead the
following subsection:—
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"(3) If an application for leave
to appeal against a conviction by court-martial under this Part of this Act
is received by the registrar of the Courts-Martial Appeal Tribunal, or if
under sub-section (3.) of section twenty-one of the Courts-Martial Appeals
Act 1955 an application for leave to appeal is deemed to have been lodged
with the Registrar, so much of subsections (1) and (2) of this section as
requires the Naval Board to review the finding of a court-martial shall cease
to have effect in relation to that conviction.".
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(13.) | 77 | (a)Omit the words
"Courts-Martial Appeal Court" (wherever occurring) and insert in
their stead the words "Courts-Martial Appeal Tribunal";
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(b)Omit from subsection
(1) the words " Part I. of the Courts- Martial (Appeals) Act 1951," and insert in
their stead the words "Part III. of the Courts-Martial Appeals Act 1955";
and
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(c) Omit from subsection (3) the
words "said Act of 1951" and insert in their stead the words "Courts-Martial
Appeals Act 1955".
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(14.) | 78 | Omit the whole section.
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(15.) | 79 | Omit the whole section.
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(16.) | 80 | Omit the whole section.
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(17.) | 81 | (a) Omit paragraph (b) of subsection (1) and insert in its stead the following paragraph:—
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"(b)any place
appointed by the Governor-General under section one hundred and sixteen of
the Defence Act 1903–1956;";
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(b) Omit paragraph (d)of
subsection (1);
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(c) Omit
paragraph (b)of subsection (2) and insert in its stead the
following paragraph:—
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"(b)any place
referred to in paragraph (b) of subsection (1) of this section; "; and
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(d) Omit from paragraph (a)of subsection (3) the words "Admiralty or the
Commander-in-Chief" and insert in their stead the words "Naval
Board".
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(18.) | 82 | Omit the whole section.
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(19.) | 84 | (a) Omit from subsection (1) the
words "Admiralty, the Commander-in-Chief" and insert in their stead
the words "Naval Board";
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(b) Omit from subsection (3) the
word "Commander-in-Chief" and insert in its stead the words
"Naval Board"; and
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(c) Omit from subsection (5) all
the words from and including the words "but no order shall be made"
to the end of the subsection.
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(20.) | 85 | Omit from subsection (1) the words
"subsection (7) of section four of the Courts-Martial (Appeals) Act,
1951 (which empowers the court" and insert in their stead the
words" section twenty-two of the Courts-Martial Appeals Act 1955
(which empowers the Tribunal".
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(21.) | 86 | Omit from subsection (2) the words
"Army Act, 1955, or the Air Force Act, 1955," and insert in their
stead the words" Defence Act 1903–1956
or the Air Force Act 1923–1956".
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(22.) | 87 | Omit the words "Naval Detention
Quarters Rules, or Imprisonment and Detention Rules made under the Army Act,
1955, or the Air Force Act, 1955," and insert in their stead the words
"Defence Act 1903–1956 or the Air
Force Act 1923–1956".
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Item No. | Section of Act. | Extent of Modification. |
(23.) | 88 | (a) Omit the proviso to subsection (1) and
insert in its stead the following proviso:—
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"Provided that, if it appears to the Naval
Board that for any part of that period he was in the custody of a civil
authority or in a place appointed by the Governor-General under section one
hundred and sixteen of the Defence Act 1903–1956,
that part of the period shall be disregarded for the purposes of this
subsection.";
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(b)Omit from subsection (2) the
words "in pursuance of the appropriate rules" and insert in their
stead the words "by authority"; and
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(c) Omit subsections (3) and (4).
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(24.) | 89 | Omit from subsection (3) the words "Army Act,
1955, or the Air Force Act, 1955," and insert in their stead the words
"Defence Act 1903–1956 or the Air
Force Act 1923–1956".
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(25.) | 90 | (a) Omit from paragraph (a)of
subsection (2) the word "Admiralty" (first occurring) and insert
in its stead the words "Naval Board"; and
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(b)Omit from subsection (3) the word
"Admiralty" (first occurring) and insert in its stead the words
"Naval Board".
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(26.) | 91 | Omit from paragraph (a) of subsection (1) the word "Admiralty" (first
occurring) and insert in its stead the words "Naval Board".
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(27.) | 92 | (a).Omit
from paragraph (a) of subsection
(1) the word "Admiralty" (first occurring) and insert
in its stead the words "Naval Board"; and (b) Omit from subsection (2) the word
"Admiralty" and insert in its stead the words "Naval
Board".
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(28.) | 93–100 | Omit the whole of sections 93 to 100, inclusive.
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(29.) | 101 | (a)Omit from subsection (1) the
words "as defined by this section" and insert in their stead the
words "made by a court of competent jurisdiction";
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(b)Omit from subsection (1) the
words "the United Kingdom" and insert in their stead the word
"Australia";
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(c) Omit from subsection (2) the word
"Admiralty" (first occurring) and insert in its stead the words
"Naval Board";
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(d)Omit from subsection (2) the
words "Secretary of the Admiralty" and insert in their stead the
words "Secretary to the Department of the Navy";
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(e) Omit from subsection (4) the words
"the United Kingdom" and insert in their stead the word
"Australia";
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(f) Omit subsection (5); and
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(g) Omit
from subsection (6) the words "the United Kingdom" (wherever occurring) and insert in their stead the
word
"Australia".
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(30.) | 102 | Omit the words "any of Her Majesty's Naval
forces or of any naval force of a Commonwealth country or raised under the
law of any colony" and insert in their stead the words "the Naval
Forces of the Commonwealth".
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(31.) | 108 | Omit from subsection (2) all the words from and
including the words "without bringing him before a court " to the
end of the subsection.
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(32.) | 109 | Omit the whole section.
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(33.) | 110 | Omit subsections (2) and (3).
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(34.) | 111 | (a)Omit from subsection (3) the
words "naval reserve forces" and insert in their stead the words
"Citizen Naval Forces";
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(b) Omit subsections (4) and (5); and
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(c) Insert in subsection (6), after the
words "Her Majesty's" (wherever occurring), the word
"Australian".
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(35.) | 112 | Insert in subsection (1), after the words "Her
Majesty's", the word "Australian".
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Item No. | Section of Act. | Extent of
Modification. |
(36.) | 113 | Omit subsection (1) and insert in its stead the
following subsection:—
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"(1) Subject to the provisions of
this section, a member of Her Majesty's Australian military or air forces is
subject to this Act when attached to Her Majesty's Australian naval forces by
orders of the Military Board or the Air Board.".
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(37.) | 114 | (a)Omit from subsection
(1) the words "Visiting Forces (British Commonwealth) Act, 1933,"
and insert in their stead the words "Defence(Visiting Forces) Act 1939"; and
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(b)Omit from subsection
(2) the words "Her Majesty may" and insert in their stead the words
"the Governor-General may".
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(38.) | 115 | Omit the whole section.
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(39.) | 116 | Omit from subsection (1) the words
"Her Majesty" and insert in their stead the words "the
Governor-General".
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(40.) | 117 | Insert after the words "Her Majesty's"
the word "Australian".
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(41.) | 118 | Omit the whole section.
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(42.) | 120 | Omit the whole section.
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(43.) | 121 | Omit the whole section.
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(44.) | 123–128 | Omit the whole of sections 123 to 128, inclusive.
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(45.) | 132 | Omit from subsection (2) the word
"Admiralty" and insert in its stead the words "Naval
Board".
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(46.) | 135 | Omit from the definition of
"Commonwealth country" the words "Canada, the Commonwealth of Australia"
and insert in their stead the words "the United Kingdom, Canada".
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(47.) | The Schedules | (a) Omit from paragraph 3 of the
First Schedule the words "Notwithstanding anything in section two
hundred and one of the Army Act, 1955, a sentence" and insert in their
stead the words "A sentence"; and
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(b) Omit the Third and Fourth
Schedules.
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(ii) Adaptations.
(a) Any reference to the Admiralty in sections 16, 46, 59,
63, 66, 70, 71, 72, 74, 76 and 77 shall be read as a reference to the Naval
Board.
(b) Any reference to the United Kingdom in sections 48, 52,
56 and 65 shall be read as a reference to Australia.
(c) References in subsection (1) of section 111 to the Royal
Navy shall be read as references to the Permanent Naval Forces and other
references in that section, in sections 112 to 117, inclusive, and in section
119 to the Royal Navy shall be read as references to the Naval Forces of the
Commonwealth.
(d) Any provisions of sections 66, 75 and 76 by which powers
or functions are conferred on, or acts are authorised
or required to be done by, the Commander-in-Chief at a foreign station shall be
read as conferring these powers or functions on, or authorising
or requiring these acts to be done by, the Naval Board.
By
Authority: A. J. Arthur, Commonwealth
Government Printer, Canberra.