STATUTORY RULES.
1915. No. 249.
PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-12.
Regulations for the Employment of Persons under Section 41 of the Naval Defence Act.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naval Defence Act 1910-1912 should come into immediate operation and, further, should be taken to have come into operation on and from the 1st January, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this fifteenth day of December, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
J. A. JENSEN.
Regulations for the Employment of Persons under Section 41 of the Naval Defence Act.
Definitions.
1. In these Regulations, unless the contrary intention appears—
“The Act” means the Naval Defence Act 1910-1912.
“Minister” means the Minister of State for the time being administering the Naval Defence Act.
“Officer means a person who is employed, in pursuance of section 41 of the Act, in a civil capacity, and who is appointed by the Governor-General.
“Employee” means a person (other than an officer) who is employed, in pursuance of section 41 of the Act, in a civil capacity.
2. The Minister may authorize any person to engage and discharge employees.
3. The Minister may fix rates of wages to be paid employees.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14390—Price 3d.
Overview
The Provisional Regulations Under the Naval Defence Act 1910-1912, established on 15th December 1915, were enacted to facilitate the urgent employment of personnel under Section 41 of the Naval Defence Act 1910-1912. The enactment was carried out by the Governor-General in accordance with the advice of the Federal Executive Council, emphasising the urgency and significance of these provisional measures. The overarching aim of these regulations was to provide the Minister with the necessary authority to engage and discharge employees as well as to set their wages, ensuring the smooth functioning of the naval defence efforts during a critical period. These regulations underscore the intent to promptly address the immediate needs of the naval defence apparatus by providing the Minister with the requisite powers.
Scope and Application
The Provisional Regulations under the Naval Defence Act 1910-1912 pertain specifically to the employment of personnel in civil capacities within the naval defence sector, as authorised by section 41 of the Act. These regulations apply to the Minister, who is responsible for administering the Act, officers appointed by the Governor-General, and employees engaged by these officers. The geographic scope of these regulations is limited to the Commonwealth of Australia, and they apply nationally. The Minister holds the authority to authorise the engagement and discharge of employees, as well as to fix their rates of wages. The regulations are designed to provide immediate operational effect and are intended to come into force from the 1st January 1912, as certified by the Governor-General. The regulations do not explicitly outline any exclusions, exemptions, or thresholds, but the Minister’s discretion in appointing officers and setting wages implies that certain conditions or qualifications may be implied.
Key Provisions
The Provisional Regulations under the Naval Defence Act 1910-1912, particularly in relation to the employment of persons as outlined in section 41 of the Act, establish the fundamental framework for the engagement and management of staff within the naval defence sector. Section 1 of the Regulations provides definitions for key terms such as "The Act," "Minister," "Officer," and "Employee," clarifying the roles and scope of the individuals involved in the naval defence activities. Under Section 2, the Minister is empowered to authorise individuals to engage and discharge employees, thus ensuring that the recruitment process is managed in accordance with the statutory provisions. Section 3 grants the Minister the authority to determine the rates of wages for employees, which ensures that remuneration is regulated and consistent with the operational needs of the naval defence.
The obligations and requirements imposed by these Regulations on the parties involved are primarily focused on maintaining a structured and efficient workforce within the naval defence sector. The Minister, as the overseeing authority, has the duty to ensure that all engagements and dismissals of employees are conducted in line with the statutory provisions (Section 2). This includes verifying that the authorised persons carry out their duties in accordance with the set regulations. Additionally, the Minister must set wage rates that are fair and commensurate with the roles and responsibilities of the employees (Section 3). This structured approach ensures that the workforce is managed effectively, with clear guidelines for employment practices and remuneration.
The Regulations do not explicitly outline specific offences, penalties, or consequences for breaches within the text provided. However, the statutory context of the Naval Defence Act 1910-1912 implies that any non-compliance with the provisions of the Act or the Regulations could lead to legal repercussions. Such breaches might be subject to penalties under the broader legislative framework of the Act, which could include fines, legal action, or other civil or criminal consequences as prescribed by relevant laws. Given the critical nature of naval defence activities, adherence to the statutory provisions is paramount, and any deviation could result in significant legal and operational repercussions for the involved parties.