Naval Forces Regulations (Amendment) (Cth)

Statutory Rules 1988 No 1281

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Naval Forces Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Naval Defence Act 1910.

Dated 17 June 1988.

N. M. STEPHEN

Governor-General

 

By His Excellency’s Command,

 

R. KELLY

Minister of State for Defence Science and Personnel

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Commencement

1.These Regulations commence on 1 July 1988.

Interpretation

2.Regulation 4 of the Naval Forces Regulations is amended by omitting the definition of “Ship” and substituting the following definition:

“ ‘force’, in relation to a part of the Navy, means one of the following parts of the Navy:

(a) the Permanent Naval Forces;

(b) the Naval Emergency Reserve Forces;

(c) the Emergency List of Officers;

(d) the Royal Australian Fleet Reserve;

(e) the Royal Australian Naval Reserve;”.

3.The Naval Forces Regulations are amended by inserting the following Division in Part I after regulation 34:

“Division 5a—Transfer

Transfer of officers or sailors

“35. The Chief of Naval Staff may, by instrument, transfer an officer or sailor from one force in the Navy to another if the officer or sailor, by instrument, volunteers for that transfer.”.

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(S.R. 83/88)—Cat. No. 16/24.5.1988

4. After regulation 38 of the Naval Forces Regulations the following regulations are inserted in Division 6:

Matters prescribed: paragraph 28 (3) (a) of the Act

“39. For the purposes of paragraph 28 (3) (a) of the Act, in relation to a sailor of the Permanent Naval Forces who has claimed a discharge, the following matters are prescribed:

(a) the Navy’s potential to provide a replacement for that sailor;

(b) other manning considerations;

(c) training requirements;

(d) any operational requirements that are applicable.

Notice of discharge because of retrenchment

“40. Paragraph 38 (1) (c) does not apply in relation to a sailor of the Permanent Naval Forces who is enlisted in the Navy until attaining retiring age unless:

(a) retrenchment in the Navy is the subject of a document issued by or with the authority of the Chief of Naval Staff;

(b) the sailor is given 12 months written notice that it is intended to discharge him or her because of that retrenchment; and

(c) that retrenchment is effected substantially in accordance with that document.”.

5. The Naval Forces Regulations are amended by inserting in Division 1 of Part II before regulation 45 the following regulation:

Oath or affirmation

“41. (1) For the purposes of subsection 25 (2) of the Act, an oath or affirmation shall be taken and subscribed by a person before an officer, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations.

“(2) For the purposes of subsection 25 (2) of the Act:

(a) the prescribed form of oath is the form set out in Part I of the Schedule; and

(b) the prescribed form of affirmation is the form set out in Part II of the Schedule.”.

Repeals

6.Regulations 81, 82, 167, 168, 170, 171, 172, 180b, 180e, 185, 187, 193, 194, 198, 199 and 200 of the Naval Forces Regulations are repealed.

Schedule

7.The Naval Forces Regulations are amended by adding at the end the following Schedule:

SCHEDULE

PART I

FORM OF OATH

I, (insert full name of person), swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires),or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires),that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(Insert signature of person)	Taken and subscribed before me on(insert date)
(Insert signature of the officer of the Navy, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the oath is taken and subscribed)
*Officer of the Navy
(or)
*Justice of the Peace
(or)
*Commissioner for *Affidavits or
*Declarations
*(Omit whichever is not applicable)

PART II

FORM OF AFFIRMATION

I, (insert full name of person),promise that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a sailor in the (insert Permanent Naval Forces, Naval Emergency Reserve Forces, Royal Australian Fleet Reserve or Royal Australian Naval Reserve as the case requires),or in any other force in the Navy in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires),that I will resist Her enemies and faithfully discharge my duty according to law.

(Insert signature of person)Taken and subscribed before me on

 (insert date)

(Insert signature of the officer of the Navy, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the affirmation is taken and subscribed)

*Officer of the Navy

(or)

*Justice of the Peace

(or)

*Commissioner for *Affidavits or

*Declarations

*(Omit whichever is not applicable)

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 June 1988.

2. Statutory Rules 1935 No. 133 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 39 and see also Statutory Rules 1988 No. 39.

                              

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