STATUTORY RULES.
1936. No. 147.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1904–1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation, under the Naval Defence Act 1910–1934.
Dated this twenty first day of October, 1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Fleet Reserve Regulations.†
Hurt Pay.
Regulation 27, sub-regulation (1), of the Fleet Reserve Regulations is amended by omitting the words “for which a Hurt Certificate has been granted.”
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1926, No. 61, as amended by Statutory Rules 1928, Nos. 6, 31 and 140; 1930, No. 13; 1932, Nos. 74 and 99; 1934, No. 162; 1935, No. 74; and 1936, No. 79.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
5021.—9/17.9.1936.—Price 3d.
Overview
The Statutory Rules 1936, No. 147, are regulations made under the Naval Defence Act 1910–1934, and were enacted by the Governor-General in Council on 21 October 1936. These regulations address a specific issue within the Fleet Reserve Regulations concerning Hurt Pay, amending Regulation 27, sub-regulation (1), to remove the requirement for a Hurt Certificate as a condition for payment. The enacting body is the Governor-General in Council, and the amendment aims to streamline the process for awarding Hurt Pay to members of the Fleet Reserve who have been injured while on active service. This legislative instrument seeks to ensure that those injured in the line of duty receive the necessary financial support without the bureaucratic hurdle of obtaining a Hurt Certificate.
Scope and Application
The Naval Defence Act 1910–1934 applies to individuals and entities involved in the defence and administration of the Australian naval forces. These regulations, detailed in Statutory Rules 1936, No. 147, specifically amend the Fleet Reserve Regulations, impacting those individuals who have served in the naval forces and are part of the Fleet Reserve. The amendments pertain to hurt pay, modifying the criteria for eligibility by removing the requirement for a Hurt Certificate. This regulation extends across the Commonwealth of Australia and applies to all members of the Fleet Reserve, as well as those administering naval defences and related payments. The geographic and jurisdictional reach of these regulations is national, governing conduct and transactions related to the Fleet Reserve within Australia. There are no explicit exclusions or thresholds stated in these regulations, and they are further governed by subordinate instruments as amended over the years.
Key Provisions
The regulation primarily focuses on amending the Fleet Reserve Regulations, specifically section 27(1) concerning Hurt Pay. The amendment involves removing the requirement for a Hurt Certificate as a prerequisite for the payment of Hurt Pay (Fleet Reserve Regulations, sub-regulation 27(1)). This implies that Hurt Pay will now be accessible without the need for a Hurt Certificate, potentially broadening eligibility and simplifying the process for those who qualify.
The Act imposes specific obligations on the parties involved, primarily concerning the administration and management of Hurt Pay under the Fleet Reserve Regulations. The amendment means that the relevant authorities must now ensure that Hurt Pay is disbursed without the requirement for a Hurt Certificate, thereby streamlining the administrative process. This change necessitates adjustments in the documentation and procedures related to the disbursement of Hurt Pay to ensure compliance with the new requirements.
The regulation does not explicitly outline any new offences, penalties, or consequences for breaches. However, it is important to consider the broader legal framework under which these regulations operate. Under the Naval Defence Act 1910–1934, any failure to comply with regulations governing the administration of Hurt Pay could potentially lead to disciplinary actions or other legal repercussions. Given the significance of Hurt Pay in supporting individuals who have been injured or become ill in the course of their service, adherence to the amended regulations is crucial to avoid any adverse outcomes.
Given the nature of the amendment, there are no new maximum penalties explicitly stated in the regulation itself. However, any breaches of the amended provisions or the broader Naval Defence Act could result in penalties as prescribed under the Act. These may include fines, imprisonment, or other sanctions deemed appropriate by the relevant authorities. The severity of the penalties would depend on the nature and extent of the breach, as well as any precedents set by similar cases.
Overall, the regulation serves to simplify the process for accessing Hurt Pay by removing the need for a Hurt Certificate, thereby potentially increasing accessibility for those who require it. The obligations under the amended regulation primarily involve ensuring that the changes are properly implemented and that the relevant authorities manage the new process effectively. While the regulation itself does not specify new penalties, adherence to the amended provisions is critical to avoid any legal consequences under the overarching Naval Defence Act.