Fleet Reserve Regulations (Amendment)

Legislation au C1942L00008 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 8.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910–1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910–1934.

Dated this seventh day of January, 1942.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Fleet Reserve Regulations.†

Qualifications for Entry—Age.

1. Regulation 5 of the Fleet Reserve Regulations is amended by inserting in paragraph (b), after the word “age”, the words “, or, in time of war, fifty-five years of age,”.

2. Regulation 6 of the Fleet Reserve Regulations is repealed and the following regulation inserted in its stead:—

Period of engagement.

“6.—(1) A candidate of forty-five years of age or under shall, before being enrolled in the Fleet Reserve, execute an engagement, in such form as is approved by the Naval Board, to serve in the Fleet Reserve—

(a) if he is under forty-five years of age, for a period of five years from the date of his enrolment; or

(b) if he is forty-five years of age, until he attains the age of fifty years.

(2) A member who is under the age of fifty years at the completion of his first period of engagement may, subject to these Regulations, be re-enrolled for further successive periods if, in respect of the second and each subsequent period of re-enrolment, he executes an engagement in the approved form to serve in the Fleet Reserve for five years:

Provided that, if he will attain the age of fifty years before the expiration of five years from the date of any period of re-enrolment, the period of engagement shall be only until he attains that age.

 

*Notified in the Commonwealth Gazette on      , 1941.

Twelfth Amendment.

†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; and 1938, No. 107.

7596.—20/25.11.1941.—Price 3d.


(3) In time of war, a candidate for entry into the Fleet Reserve shall, before being enrolled therein, execute an engagement, in such form as is approved by the Naval Board, to serve in the Naval Forces for two years or for the duration of the war, whichever period is the longer”.

3. After regulation 47 of the Fleet Reserve Regulations, the following regulation is inserted:—

Disposal of kit on termination of service.

“47a.—(1) A member, having been called out for war service in time of war, shall, on the termination of that service, return to the Commonwealth the bedding supplied to him on loan in accordance with regulation 46 of these Regulations, but he may, except as provided in this regulation, be permitted to retain the other articles of his kit.

(2) When a member is discharged for any reason within six months of his enrolment or re-enrolment, he shall return to the Commonwealth all articles of kit which were issued gratuitously to him or in respect of which he was credited with clothing gratuity pursuant to regulation 47 of these Regulations.

(3) When a member is discharged for misconduct or unsuitability at any time after he has completed six months’ service, he shall return to the Commonwealth all articles of kit which are articles of uniform.

(4) A member who is discharged for any reason within two years of his enrolment or re-enrolment shall return his kit bag to the Commonwealth.

(5) Where a member is discharged within the time or in the circumstances specified in sub-regulation (2) or (3) of this regulation and is unable, when discharged, to provide himself with an outfit of civilian clothing, he may, if the total amount to his credit in his active pay account immediately prior to his discharge is insufficient to defray the cost of purchasing that outfit, be provided, at the expense of the Commonwealth, with such articles of civilian clothing as the Naval Board deems necessary”.

4. Regulation 55 of the Fleet Reserve Regulations is repealed and the following regulation inserted in its stead:—

War Service.

“55. In the event of the Fleet Reserve or any part thereof being called out for war service in pursuance of sections 46 and 47 of the Defence Act 1903–1941 in their application in relation to the Naval Forces, any member so called out shall be liable to serve with the Permanent Naval Forces (Sea-going).”.

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

Retirement.

“57.—(1) Except in time of war, a member shall be compulsorily retired fromq the Fleet Reserve on his attaining the age of fifty years.

(2) In time of war, a member shall be compulsorily retired from the Fleet Reserve on his attaining the age of sixty years”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1942 No. 8, Regulations Under the Naval Defence Act 1910–1934, were enacted by the Governor-General in Council under the authority granted by the Act. This legislative instrument was introduced to address the urgent need for amendments to the Fleet Reserve Regulations in response to the exigencies of the Second World War, particularly in light of the expanded age range for enlistment and the specific requirements for engagement periods and disposal of military kit. The policy objective was to provide a flexible and responsive framework for managing the Fleet Reserve during wartime, ensuring that the Naval Forces could be adequately manned and equipped to meet the demands of conflict.

Scope and Application

The regulations outlined in Statutory Rules 1942, No. 8, are instrumental in amending the Fleet Reserve Regulations under the Naval Defence Act 1910–1934. These regulations apply to individuals who are seeking to join or are already members of the Fleet Reserve, a component of the Australian Naval Forces, with specific amendments to eligibility criteria, engagement periods, and conditions of service. The regulations affect persons who wish to enlist or re-enlist in the Fleet Reserve, with particular attention given to age restrictions, which have been adjusted to accommodate wartime requirements. The geographic scope of these regulations is national, as they pertain to the Commonwealth of Australia and its defence apparatus. The regulations also extend their application through subordinate instruments by specifying detailed conditions of service, including provisions for the disposal of kit and retirement ages, which are subject to amendment in times of war. The regulations do not explicitly state exclusions or exemptions, but they do outline specific circumstances under which members must return their kit or may retain it, depending on the reason for their discharge and the duration of their service.

Key Provisions

The main operative sections of these regulations (C1942L00008) amend the Fleet Reserve Regulations under the Naval Defence Act 1910–1934. They alter the age qualifications for entry into the Fleet Reserve, the engagement periods for members, and the terms of kit disposal upon termination of service. Specifically, Regulation 1 allows candidates over 55 years old to join during wartime, while Regulation 6 sets engagement periods for candidates under 45 at five years, or until age 50 if they are already 45. Regulation 3 stipulates that wartime candidates must commit to serving for two years or the duration of the war, whichever is longer. Regulation 47a outlines the return of kit upon termination of service, with specific rules for those discharged within certain timeframes or for misconduct. Regulation 55 states that Fleet Reserve members called for war service must serve with the Permanent Naval Forces (Sea-going), and Regulation 57 modifies the retirement age to 50 in peacetime and 60 in wartime. These regulations impose several obligations on the parties involved. Candidates for the Fleet Reserve must execute an engagement form approved by the Naval Board, committing to specific service periods depending on their age and the circumstances of their enlistment. Members must return their kit upon termination of service under the conditions specified, and they are liable to serve with the Permanent Naval Forces (Sea-going) if called out for war service. Furthermore, members are subject to compulsory retirement at age 50 in peacetime or 60 in wartime. The regulations also establish penalties and consequences for non-compliance. Members failing to return their kit as stipulated may face disciplinary action, and those who do not adhere to their engagement periods may be subject to the legal consequences of breaking their service agreement. The precise legal ramifications of non-compliance are not detailed within the regulations themselves, but they would likely involve administrative or legal proceedings under the authority of the Naval Defence Act 1910–1934 and the Fleet Reserve Regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.