Fleet Reserve Regulations (Amendment)

Legislation au C1967L00160 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1966.*

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 Naval Defence Act 1910-1966.

Dated this twenty-third day of November 1967.

CASEY

Governor-General.

By His Excellency’s Command,

DON CHIPP

Minister of State for the Navy.

 

Amendments of the Fleet Reserve Regulations

1. Regulations 5, 6 and 7 of the Fleet Reserve Regulations are repealed and the following regulations inserted in their stead:—

Eligibility for enlistment.

“5. A person is not eligible to enlist in the Fleet Reserve unless—

(a) he has served in the Permanent Naval Forces of the Commonwealth or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces of the Commonwealth for a period of not less than three years; and

(b) immediately before being discharged from the forces in which he so served, he held a rating not lower than the rating of Able Seaman.

“6.—(1.) For the purpose of sub-section (1.) or sub-section (2.) of section 25 of the Naval Defence Act 1910-1966, the period is—

(a) in the case of a member who is enlisted for service, or who volunteers to serve for a further period, in the Naval Dockyard Police Branch of the Fleet Reserve—

(i) if the member has not on the prescribed day attained the age of fifty-five years—a period of five years; or

(ii) if the member has on the prescribed day attained the age of fifty-five years—a period equal to the period from and including the prescribed day to and including the day on which he attains the age of sixty years; or

(b) in the case of any other member who is enlisted for service, or volunteers to serve for a further period, in the Fleet Reserve—

(i) if the member has not on the prescribed day attained the age of fifty years—a period of five years; or

 

* Notified in the Commonwealth Gazette on 1967.

† 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; 1936, Nos. 79 and 147; 1938, No. 167; 1942, No. 8; and 1965, No. 165.

16013/67—Price 5c 10/17.11.1967


(ii) if the member has on the prescribed day attained the age of fifty years—a period equal to the period from and including the prescribed day to and including 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 member in the Fleet Reserve—the day on which the member enlists in the Fleet Reserve; or

(b) in relation to a member who volunteers to serve for a further period in the Fleet Reserve—the day immediately following the expiration of the period for which, on engagement or previous re-engagement, the member had volunteered to serve.”.

2. Regulations 16, 17 and 18 of the Fleet Reserve Regulations are repealed and the following regulation is inserted in their stead:—

Rating on enlistment.

“16.—(1.) Subject to the next succeeding sub-regulation, a person who enlists as a man in the Fleet Reserve holds, upon, enlistment, the rating of Able Seaman or, if in the part of the Fleet Reserve in which he is to serve there is no rating of Able Seaman, the rating that, in that part, is equivalent to the rating of Able Seaman.

“(2.) Where a person who enlists as a man in the Fleet Reserve held, in the naval forces in which he last served, a rating higher than the rating of Able Seaman, and he is to serve in a part of the Fleet Reserve where the lowest rating is a rating higher than the rating of Able Seaman, that person holds, upon enlistment, the lowest rating in that part of the Fleet Reserve.”.

Annual training.

3. Regulation 19 of the Fleet Reserve Regulations is amended by omitting sub-regulation (5.).

Absence from drill without leave.

4. Regulation 53 of the Fleet Reserve Regulations is amended by omitting the words and figure “Five pounds (£5)” and inserting in their stead the words “Ten dollars”.

5. Regulation 57 of the Fleet Reserve Regulations is repealed and the following regulation inserted in its stead:—

Compulsory retirement age.

“57. For the purpose of section 17 of the Naval Defence Act 1910-1966, the age for the compulsory retirement of a member is—

(a) in the case of a member who is serving in the Naval Dockyard Police Branch of the Fleet Reserve—sixty years; or

(b) in any other case—fifty-five years.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1967 No. 160, Regulations Under the Naval Defence Act 1910-1966, were enacted to update the Fleet Reserve Regulations in accordance with the changes to the Naval Defence Act 1910-1966. The Act, originally established to ensure the defence of the Commonwealth by maintaining a naval force, had been in effect from 1910 to 1966, and these regulations aimed to address the need for contemporary enlistment criteria, service periods, and retirement ages for the Fleet Reserve. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, the policy objective of these regulations was to ensure that the Fleet Reserve maintained an adequately trained and experienced reserve force, reflecting the evolving requirements of naval defence. This was achieved through the introduction of new eligibility criteria, service periods, and compulsory retirement ages, thus aligning the Fleet Reserve with the broader strategic goals of the Navy.

Scope and Application

The regulations under the Naval Defence Act 1910-1966, specifically amending the Fleet Reserve Regulations, apply to individuals seeking to enlist in the Fleet Reserve, a component of the Australian Defence Force. These regulations govern eligibility criteria, terms of service, and conditions for members of the Fleet Reserve. To be eligible for enlistment, a person must have served for a minimum of three years in the Permanent Naval Forces of the Commonwealth or an equivalent part of the naval forces of another of Her Majesty's dominions and must have held a rating not lower than that of an Able Seaman at the time of discharge. The regulations also outline specific service periods based on age and the rating a person holds upon enlistment, as well as compulsory retirement ages. These regulations extend to the entire Commonwealth of Australia, ensuring uniformity in the Fleet Reserve's operational standards and personnel policies across the nation.

Key Provisions

The main operative sections of these regulations under the Naval Defence Act 1910-1966 outline specific eligibility criteria and service periods for members of the Fleet Reserve. Regulation 5 specifies that a person is eligible to enlist if they have served in the Permanent Naval Forces of the Commonwealth or a corresponding force for at least three years, and held a rating of at least Able Seaman at the time of discharge (Regulation 5(a) and (b)). Regulation 6 details the service periods for members enlisted in the Naval Dockyard Police Branch and other Fleet Reserve members, depending on their age at the time of enlistment or re-enlistment (Regulation 6(1)(a) and (b)). Regulation 16 stipulates the rating a person holds upon enlisting in the Fleet Reserve, which is either Able Seaman or the equivalent rating if Able Seaman does not exist in the specific part of the Fleet Reserve, unless they held a higher rating previously (Regulation 16(1) and (2)). Regulation 57 sets the compulsory retirement ages for members, at sixty years for those in the Naval Dockyard Police Branch and fifty-five years for all other members (Regulation 57(a) and (b)). These regulations impose several obligations and requirements on the parties involved. Firstly, potential enlistees must meet the eligibility criteria outlined in Regulation 5, ensuring they have served the requisite period in the Permanent Naval Forces and held an appropriate rating. Members must also adhere to the specified service periods as outlined in Regulation 6, which vary based on their age and the branch of the Fleet Reserve they are part of. Furthermore, Regulation 16 mandates that upon enlistment, a member’s rating is set according to specific criteria, which may be adjusted if they previously held a higher rating. Additionally, Regulation 57 enforces compulsory retirement at specified ages, depending on the branch of the Fleet Reserve. The regulations also detail potential offences and penalties for breaches. For instance, the amendment to Regulation 53 changes the financial penalty for absence from drill without leave from five pounds to ten dollars. While the regulations do not explicitly list other offences and penalties, breaches of these provisions could potentially lead to disciplinary actions or other consequences under the broader Naval Defence Act 1910-1966. The omission of sub-regulation (5) from Regulation 19 regarding annual training may imply a shift in the enforcement or detail of training requirements, though specific penalties for non-compliance with such requirements are not detailed in the provided text.

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