Naval Forces Regulations (Amendment) (Cth)

Statutory

Rules1991No. 234 1

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Naval Forces Regulations 2(Amendment)

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

 Dated 25 July 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GORDON BILNEY

Minister of State for Defence Science and Personnel

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1.   Amendment

1.1   The Naval Forces Regulations are amended as set out in these Regulations.

2.   Regulation 21 (Ranks of officers)

2.1   Omit the regulation, substitute:

Ranks of officers

“21.

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.”.

3.   Regulation 24 (Ranks of sailors)

3.1   Omit the regulation, substitute:

Ranks of sailors

 “24.  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.”.

4.   Regulation 38 (Reasons for discharge)

4.1   Paragraph 38 (1) (c):

After “because”, insert “of”.

5.   Regulation 102 (Retiring age of officers)

5.1   Subregulations 102 (2) and (3):

Omit the subregulations.

6.   Regulation 180A (Naval service)

6.1   Subregulation 180A (4):

Omit “the” (last occurring).

7.   Regulation 195 (Compulsory retirement age)

7.1   Omit the regulation, substitute:

Compulsory retirement age

“195. 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.”.

8.   Transitional

8.1   In this regulation:

“commencement day” means the day on which these Regulations come into operation;

“former retirement age” in relation to a member, means the age for compulsory retirement of the member that was applicable immediately before the commencement day;

“member” means a person who is, on the commencement day, a member of the Naval Police of the Royal Australian Fleet Reserve;

“new retirement age” in relation to a member, means the age for compulsory retirement of the member that is applicable on the commencement day.

8.2   Where before the commencement day a member has attained an age equal to or greater than the new retirement age, but less than the former retirement age, the age for compulsory retirement of the member is the former retirement age unless an older retirement age becomes applicable.

8.3   Subject to subregulation 8.4, where on the commencement day the new retirement age of a member, other than a member to whom subregulation 8.2 applies, is less than the former retirement age, the member may, at any time before attaining the new retirement age, elect, by writing delivered to the Chief of Naval Staff, to serve until attaining the former retirement age.

8.4   Where a member makes an election under subregulation 8.3, the age for compulsory retirement of the member is the former retirement age, unless an older retirement age becomes applicable.

8.5   A member of the Naval Police who held immediately before the commencement day a rank specified, in column 2, in an item in the following table holds immediately after the commencement day the rank specified, in column 3, in that item:

Column 1	Column 2	Column 3
Item	Ranks for Naval Police	Ranks
1	Chief Superintendent	Captain
2	Superintendent	Commander
3	Chief Inspector	Lieutenant-Commander
4	Inspector	Lieutenant
5	Sub-Inspector	Sub-Lieutenant
6	Warrant Officer	Warrant Officer
7	Sergeant	Chief Petty Officer
8	Senior Constable	Petty Officer
9	Constable	Leading Seaman
10	Recruit Constable	Able Seaman

8.6   A person who held during a period before the commencement day a rank specified, in column 2, in an item in the table in subregulation 8.5 is taken to have served during that period in the rank specified, in column 3, in that item.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 July 1991.

 

2. Statutory Rules 1935 No. 133 as amended by 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; 1956 No. 78; 1958 No. 88; 1959 No. 38; 1961 Nos. 51 and 67; 1963 Nos. 113 and 145; 1964 Nos; 143 and 157; 1965 Nos. 56 and 67; 1967 No. 20; 1968 Nos. 15 and 79; 1969 No. 128; 1970 Nos. 35, 71 and 179; 1971 No. 16; 1972 Nos. 1, 44, 75, 125 and 158; 1973 Nos. 58, 105 and 274; 1974 No. 78; 1975 No. 1; 1976 Nos. 15 and 56; 1978 Nos. 54 and 75; 1979 No. 251; 1980 Nos. 7, 100, 104, 178, 225, 285 and 359; 1981 Nos. 53, 227, 258 and 339; 1982 Nos. 34, 132 and 324; 1983 Nos. 42, 62, 205, 266 and 282; 1984 Nos. 199, 377 and 399; 1985 Nos. 93, 122 and 212; 1986 No. 332; 1987 No. 18; 1988 Nos. 39, 128 and 234; 1990 No. 376; 1991 No. 134.