STATUTORY RULES
1936. No. 131.
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 twenty-fourth day of September, 1936.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
ARCHDALE PARKHILL
Minister of State for Defence.
Amendment of Naval College Regulations.†
(Statutory Rules, 1931, No. 146, as amended to present date.)
Rates of pay.
1. Regulation 37, Sub-regulation. (1), of, the Naval College Regulations is amended.-—
(a) by deleting the figures ‘675’ and ‘725’ opposite the words “Director of Studies” and inserting in their stead the figures ‘685’ and ‘735’ respectively;
(b) by deleting the figures ‘575’ and ‘675’ opposite the words “Senior Master”, and inserting in their stead the figures ‘585’ and ‘685’, respectively;
(c) by deleting the figures ‘425’ and’550’ opposite the word “Master”, and inserting in their stead the figures ‘435’ and ‘560’respectively.
2. After Regulation 37 of the Naval College Regulations, the following new regulation is inserted:—
Variation of salary on account of cost of living.
“37a.—(1) Where the Commonwealth Statistician notifies in the Gazette the retail price index number for the six State capital cities of the Commonwealth for the twelve months preceding the first day of January in any year, commencing with the twelve months preceding the first day of January, one thousand nine hundred and thirty three, and the index number so notified is less than One thousand six hundred and seventy-two or more than One thousand seven hundred and forty four, salary payable in pursuance of the provisions of regulation 37 (1) shall be varied in the following manner:—
By increase or decrease of Six pounds per annum in respect of each forty-eight points or portion thereof by which respectively the index number exceeds One thousand seven hundred and forty-four or is less than One thousand six hundred and seventy two.
* Notified in the Commonwealth Gazette on 24th September. 1936.
† Statutory Rules 1931, No. 146, as amended by Statutory Rules 1932, No. 44; 1934, Nos. 18, 94, and 156; 1935, No. 86 and 1936, No. 78.
5143.—Price 3d
(2) Any variation made in pursuance of sub-regulation (1) of this regulation shall take effect on the first day of July next following the notification in the Gazette of the index number, and shall continue in force for a period of twelve months.
(3) In this regulation index number means the Harvester all items index number (‘D’ Series) published in the Gazette by the Commonwealth Statistician as being the retail price index number ascertained in respect of food, groceries, housing (rent of houses of four or five rooms only), clothing and miscellaneous expenditure combined.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
Overview
This Statutory Rule, No. 131, enacted in 1936, constitutes the Regulations under the Naval Defence Act 1910-1934, made by the Governor-General on the advice of the Federal Executive Council. This legislative instrument was introduced to amend the rates of pay for certain positions at the Naval College and to introduce a mechanism for adjusting salaries based on the cost of living. The policy objective appears to be to ensure that the salaries of personnel at the Naval College are adjusted in line with changes in the cost of living, maintaining the attractiveness and sustainability of employment in these roles. This was achieved by tying salary variations to the Commonwealth Statistician’s published retail price index numbers.
Scope and Application
The Regulations under the Naval Defence Act 1910-1934, specifically amending the Naval College Regulations, apply to personnel within the Australian Naval College, including the Director of Studies, Senior Master, and Master, impacting their rates of pay. These regulations are issued by the Governor-General in accordance with the advice of the Federal Executive Council, establishing a clear federal governance framework. The amendments adjust the salary figures for these positions, reflecting changes in the cost of living index. Additionally, the regulations introduce a mechanism to vary salaries based on the retail price index number for the six State capital cities, published by the Commonwealth Statistician. This variation takes effect from the first day of July following the publication of the index number and remains in force for twelve months. The scope of these regulations is confined to the adjustments of the specified naval personnel's salaries, without explicitly excluding any categories or defining thresholds beyond the index-based variation.
Key Provisions
The main operative sections of the Regulations under the Naval Defence Act 1910-1934 primarily focus on the amendment of rates of pay for certain positions within the Naval College, as well as the introduction of a new regulation concerning the variation of salary based on the cost of living (Reg. 37a). Regulation 1 amends the rates of pay for the Director of Studies, Senior Master, and Master by updating the figures to reflect new amounts (Reg. 37(1)(a), (b), (c)). The second part of Regulation 1 introduces a new sub-regulation (Reg. 37a) that ties salary adjustments to the retail price index number for the six State capital cities, which is published by the Commonwealth Statistician. According to Regulation 37a(1), if the index number falls outside the range of 1672 to 1744, the salary payable will be adjusted by £6 per annum for every 48 points the index number is above or below the specified range. These variations will take effect on the first day of July following the publication of the index number and will remain in force for twelve months (Reg. 37a(2), (3)).
The obligations and requirements imposed by these Regulations primarily concern the adjustments to the pay rates of specific positions within the Naval College. The Director of Studies, Senior Master, and Master are now entitled to higher salaries as per the updated figures (Reg. 1(1)(a), (b), (c)). Furthermore, Regulation 37a requires that salary variations be made in accordance with the retail price index number for the six State capital cities, as published by the Commonwealth Statistician. This regulation mandates that any salary adjustments based on the index number must be implemented on the first day of July following the notification and will remain in effect for twelve months (Reg. 37a(2), (3)).
In terms of consequences for non-compliance, the Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it can be inferred that failure to adhere to the specified pay rates or the cost of living adjustment mechanism could lead to disputes or legal challenges regarding the validity of salary payments within the Naval College. Additionally, non-compliance with the cost of living adjustment process might result in financial discrepancies or dissatisfaction among the affected personnel, potentially impacting morale and operational efficiency within the institution. While the Regulations themselves do not outline specific penalties, any resultant legal actions or disputes would likely be addressed under relevant employment or administrative law provisions.