STATUTORY RULES.
1923. No. 202.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910‑1918.
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 1910‑1918, to come into operation forthwith.
Dated this eleventh day of December, 1923.
FORSTER,
Governor‑General.
By His Excellency’s Command,
E. K. BOWDEN,
Minister of State for Defence.
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Amendment of Naval College Regulations.
(Statutory Rules 1921, No. 239, as amended to present date.)
1. After regulation 9, the following regulation is inserted:—
“9a. (1) The Naval Board may appoint suitable persons to supervisor examinations, who shall observe such instructions for the conduct of examinations as may he approved by the Naval Board.
(2) The fees payable to supervisors shall be such as the Naval Board fixes from time to time, according to the number of candidates and the time involved.”
2. Regulation 27 is amended by omitting from the second line the word “six” and inserting in its stead the word “four”.
3. Sub‑regulation (2) of regulation 38 is amended as follows:—
(1) By omitting from the first line of clause (c) the words “Board of Studies” and inserting in their stead the word “Captain”, and from the third and fourth lines thereof the words “physical unfitness, or unsatisfactory performance of duty” and inserting in their stead the words “or physical unfitness”.
(3) By adding at the end thereof the following clause:—
“(d) On the recommendation of the Board of Studies the appointment may be terminated summarily at any time for unsatisfactory performance of duty.”
4. Regulation 54 is amended as follows:—
(1) By omitting sub‑regulation (1) and inserting in its stead the following sub‑regulation:—
“(1) From date of embarkation in the Instructional Cruiser (for the training prescribed in regulation 27), a Cadet Midshipman shall receive the pay and allowances prescribed in
C.16937.—Price 3d.
Naval Financial Regulations for Midshipman, but shall not be credited with Deferred Pay. In the event of a cadet Midshipman being returned to the Collage during the period prescribed to be spent on the Instructional Cruiser he may continue to receive the active pay and allowances prescribed for Midshipman, but shall not be also eligible for the benefits or allowances provided in these Regulations to which he was entitled prior to appointment to the Instructional Cruiser.”
(2) By inserting in the first line of sub‑regulation (2) after the word “College” the words “prior to appointment to the Instructional Cruiser.”
5. Regulation 74, sub‑regulation (1) is amended as follows:—
(1) By inserting after the words “Value of” in the fourth line the word “approximately”.
(2) By inserting after the words “Value of” in the eighth line the word “approximately”.
(3) By inserting after the word “prizes” in the last line the words “which shall not exceed 50 guineas”.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1923 No. 202, made under the Naval Defence Act 1910-1918, aim to amend the Naval College Regulations and address specific procedural and operational issues within the institution. Enacted by the Parliament of Australia, these regulations were introduced to refine the administrative structure and operational standards of the Naval College. The policy objective is to ensure that the Naval College maintains high standards of discipline, efficiency, and educational oversight in line with the broader defence objectives of the Commonwealth.
The regulations introduce changes to the appointment and supervision of examination officers, modify the duration of cadet training, adjust the grounds for termination of appointments, alter the financial allowances for cadet midshipmen, and clarify the valuation and limits of prizes awarded to cadets. These amendments are designed to enhance the management and educational quality of the Naval College, ensuring that it effectively supports the training and development of future naval officers in accordance with the overarching goals of the Naval Defence Act.
Scope and Application
The Naval Defence Act 1910-1918, as amended by these regulations, applies to the governance and management of the Royal Australian Naval College and its operations. These regulations pertain to the appointment of suitable persons to supervise examinations, set fees for these supervisors, and modify various existing regulations concerning the conduct, discipline, and pay of cadets. The regulations cover the operational aspects of the Naval College, including the appointment and duties of supervisors, modifications to the number of examination subjects, changes in the criteria for termination of cadet appointments, alterations to cadet pay and allowances, and adjustments to the value of prizes awarded to cadets. These regulations have a national jurisdictional reach, applying to the Commonwealth of Australia and are applicable to all personnel and activities within the Naval College. There are no stated exclusions, exemptions, or thresholds in these regulations. The application and scope of these regulations may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The key operative sections of these Regulations under the Naval Defence Act 1910-1918 introduce new procedures and amendments for the management and oversight of the Naval College. Regulation 9a (1) allows the Naval Board to appoint suitable persons as supervisors for examinations, who must follow the instructions approved by the Naval Board. Regulation 27 is modified to change a specified number from six to four. Sub-regulation 38 (2) is altered to change the criteria for termination of appointments from "Board of Studies" to "Captain" and to streamline the reasons for termination to include only "or physical unfitness". Additionally, it allows for the summary termination of appointments based on the Board of Studies' recommendation for unsatisfactory performance of duty. Regulation 54 has been amended to detail the pay and allowances for Cadet Midshipmen during their training on the Instructional Cruiser, specifying that they are not eligible for certain benefits or allowances. Finally, regulation 74 (1) includes minor changes to specify the approximate value of prizes, with a cap of 50 guineas.
These Regulations impose several obligations on the parties involved. The Naval Board must ensure that supervisors are suitably appointed and that they adhere to the approved instructions for conducting examinations. The Board of Studies is tasked with recommending the termination of appointments for unsatisfactory performance of duty. The Captain now has the authority to terminate appointments for physical unfitness or unsatisfactory performance of duty. Furthermore, the new provisions regarding pay and allowances for Cadet Midshipmen must be strictly followed, ensuring they are not credited with deferred pay and that their eligibility for certain benefits is clearly defined.
The Regulations also outline potential consequences for non-compliance. While the specific offences and penalties are not detailed within the Regulations themselves, the Act under which these Regulations are made, the Naval Defence Act 1910-1918, would govern any breaches. The Act likely includes provisions for disciplinary actions, fines, and other legal repercussions for those who fail to comply with the stipulated requirements. The precise penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents established under the Act.