EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 203
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
SCIENCE AND PERSONNEL
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (“the Regulations”), made under the Defence Act 1903, prescribe various matters relating to Defence administration.
The Defence Legislation Amendment Act (No. 2) 1988, as amended by the Defence Legislation Amendment Act 1989, included an amendment which inserted a new Part IXC into the Act. Part IXC deals with the making of salvage claims by the crews of Australian naval vessels.
Section 117AA, which is contained within Part IXC, provides that where salvage is payable for services rendered by a Naval Ship and a part of that salvage has been claimed on behalf of the crew, the salvage payable will be applied in meeting the expenses incurred by the Commonwealth in providing those services and, to the extent that it is not so applied, it will be apportioned between the Commonwealth and the crew. The terms of apportionment between the Commonwealth and crew are set out in that provision. Section 117AB then
provides that the amount of salvage to be apportioned to members of the crew will be applied in meeting the Commonwealth’s costs in conducting the salvage claim on behalf of the crew, and to the extent that it is not so applied, it will be apportioned amongst members of the crew in accordance with the regulations.
The Statutory Rule inserts a new regulation 43A into the Regulations to prescribe a scale for the distribution of the crew’s share for the purpose of section 117AB. Each member of the crew will be allocated a number of shares according to this prescribed scale.
The commanding officer will receive twice the number of shares that is allocated for his or her rank. Provision is also be made for an increase in a crew member’s share where he or she has been recommended by the commanding officer for extraordinary personal endeavour and the Chief of Naval Staff authorises an increase in the member’s number of shares.
The Statutory Rule comes into operation on the date of commencement of section 18 of the Defence Legislation Amendment Act (No. 2) 1988. That provision will be proclaimed to commence on 1 September 1989.