Naval Forces Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*
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
Dated this thirty-first day of May, 1973.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
SGD. R. BISHOP
Minister of State for Repatriation for and on behalf of the Minister of State for the Navy.
Amendments of the Naval Forces Regulations
“Division 4—Royal Australian Naval Reserve (Regulations 196-203)”.
“
“196. In this Division—
‘member’ means a member of the Naval Reserve;
‘mercantile marine officer’ means an officer in the Naval Reserve who is ordinarily employed in a ship to which the
Navigation Act 1912-1972 applies in the capacity of master, mate or engineer;‘the Naval Reserve’ means the Royal Australian Naval Reserve constituted by the Naval Reserve Regulations and continued in existence by these Regulations,
“197. Notwithstanding the repeal of the Naval Reserve Regulations, the section of the Citizen Naval Forces constituted by those Regulations under the name Royal Australian Naval Reserve continues in existence under that name and as a part of those Forces.
“198. The Naval Board may transfer to the Naval Reserve an officer in the Permanent Naval Forces, the Naval Emergency Reserve Forces or another part of the Citizen Naval Forces who volunteers to serve in the Naval Reserve.
*
Notified in the
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; 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; and 1972, Nos. 1, 75, 125 and 158; and 1973, No, 58.
11640/72—Price 8c 10/4.5.1973
“199. (1) Subject to the next succeeding sub-regulation, an officer who is transferred to the Naval Reserve holds, upon being transferred, the rank, in the Naval Forces that he held immediately before his transfer.
“(2) Where an officer who is transferred to the Naval Reserve held—
(a) a rank temporarily; or
(b) a rank as an honorary rank,
immediately before his transfer, the officer holds, upon his transfer, the rank in the Naval Forces last held by him that was not held temporarily or as an honorary rank.
“200. (1) For the purposes of sub-section (1) or sub-section (2) of section 25 of the Act, the period is, in the case of a seaman who is enlisted for service, or volunteers to serve for a further period, in the Naval Reserve—
(a) if the seaman has not on the prescribed day attained the age of fifty-two years—three years; or
(b) if the seaman has on the prescribed day attained the age of fifty-two years—a period equal to the period from and including the prescribed day to and including the day immediately preceding the day on which he attains the age of fifty-five years.
“(2) In the last preceding sub-regulation, ‘the prescribed day’ means—
(a) in relation to the enlistment of a seaman in the Naval Reserve—the day on which the seaman enlists in the Naval Reserve; or
(b) in relation to a seaman who volunteers to serve a further period in the Naval Reserve—the day immediately following the expiration of the period for which, on enlistment or previous re-engagement, the seaman had volunteered to serve.
“201. (1) For the purposes of sub-section (1) of section 32a of the Act, a member who is an officer and a mercantile marine officer, is bound to render naval service—
(a) during the first two years of his service in the Naval Reserve—for a period of, or periods amounting in the aggregate to, eight weeks;
(b) during the first five years of his service in the Naval Reserve—for periods amounting in the aggregate to twelve weeks;
(c) during each successive two years of his service in the Naval Reserve after the year in which he completed the service referred to in paragraph (b), if he does not hold the rank of Lieutenant-Commander—for a period of, or periods amounting in the aggregate to, twenty-eight days; and
(d) if he holds the rank of Lieutenant-Commander, during each successive three years of his service in the Naval Reserve after the training year in which he is promoted to that rank—for a period of, or periods amounting in the aggregate to, twenty-eight days.
“(2) For the purposes of sub-section (1) of section 32a of the Act, a member, other than a member referred to in sub-regulation (1), is bound to render naval service during each two successive training years in his service for the period of, or periods amounting in the aggregate to, fifty-six days or such lower number of days as the Naval Board determines for the member or for the class of members in which the member is included.
SGD. R. BISHOP
“(3) In making a determination for the purposes of sub-regulation (2), the Naval Board shall have regard to—
(a) the period of naval service reasonably required to be rendered by the member or each of the members included in the class of members for him to become, or to continue to be, a trained member; or
(b) the, location of the member’s place of residence in relation to the naval establishment at which periods of naval service for one day or less are ordinarily rendered.
“(4) In ascertaining the period of naval service that a member is bound to render, the member shall be deemed not to have been serving in the Naval Reserve during any period during which be held the rank of Midshipman.
“(5) In ascertaining the period of naval service that an officer in the Naval Reserve who is a mercantile marine officer and was, immediately before he was appointed an officer, a seaman in the Naval Reserve is bound to render, the member shall be deemed not to have been serving in the Naval Reserve during any period during which he was a seaman.
“(6) Where a member renders naval service for a period that is less than one day, the member shall, for the purpose of calculating the naval service that he has rendered, be deemed to have rendered naval service for—
(a) if the period is not less than six hours—one day;
(b) if the period is less than six hours but not less than three hours—one-half of a day; or
(c) if the period is less than three hours but not less than two hours—one-third of a day.
“(7) In calculating the periods of naval service that a member who was a member immediately before the commencement of this regulation is bound to render after the commencement of this regulation, naval service rendered by him before the commencement of this regulation shall be deemed to have been rendered as if this regulation had been in force at the time the service was rendered.
“(8) The Naval Board may, if it considers that, by reason of the qualifications and previous training of a member and having regard to the programme of training proposed for the Naval Reserve in a training year, it is not appropriate that a member of the Naval Reserve be required to undergo naval service in that training year, exempt the member from the requirement to undergo naval service in that training year.
“(9) Sub-regulations (1) and (2) do not apply to and in relation to a member in respect of a training year if—
(a) he renders continuous full time naval service in that training year; or
(b) he is exempt under sub-regulation (8) from the requirement to undergo naval service in that training year.
“(10) In this regulation ‘training year’ means a period of twelve months commencing on 1st July.
“202. (1) For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer in the Naval Reserve is—
(a) in the case of an officer holding the rank of Midshipman—twenty-three years;
(b) in the case of an officer holding the rank of Sub-Lieutenant (other than an officer on the Special Duties List)—thirty-five years; or
(c) in any other case—sixty years.
SGD. R. BISHOP
“(2) For the purposes of section 17 of the Act, the age for the compulsory retirement of a seaman in the Naval Reserve is fifty-live years.
“203. An officer of the Naval Forces authorized to grant leave of absence to members may grant a member—
(a) leave of absence without pay on the ground of the member’s illness;
(b) compassionate leave of absence without pay; or
(c) leave of absence without pay on the ground of the member’s temporary absence from the locality in which he ordinarily resides,
for a period during which the member would, but for the granting of the leave, be required to render naval service.”.
SGD. R. BISHOP
Printed by Authority by the Government Printer of Australia
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