STATUTORY RULES.
1952. No. .
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1949.*
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 1910-1949.
Dated this seventeenth
day of April ,1952.
W.J.McKell
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval College Regulations.†
Rates of pay.
1. Regulation 37 of the Naval College Regulations is amended by omitting the table contained in sub-regulation (1.) and inserting in its stead the following table :—
| Annual rate of salary. | Incremental Advancement. |
| Minimum. | Maximum. |
| £ | £ | |
Director of Studies..... | 1,366 | 1,552 | Annual increments of £62 |
Senior Master........ | 1,151 | 1,276 | Three biennial increments (one of £32 two of £31) and one long service increment of £31 after 8 years’ service as Senior Master |
Master............. | 963 | 1,119 | Pour annual increments (three of £31 one of £32) and one long service increment of £31 after six years’ service as Master |
2. Regulation 37a of the Naval College Regulations is repealed and the following regulation inserted in its stead :—
Variations of salary on account of variations in cost of living.
“ 37a. Salaries payable in pursuance of the last preceding regulation shall be subject to variation to the same extent and in accordance with the same conditions, mutatis mutandis, as those prescribed, in relation to officers of the Commonwealth Public Service by regulation 106a of the Public Service Regulations.”.
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1931, No. 146, as amended by Statutory Rules 1932, No. 44 : 1934, Nos. 18, 94 and 159 ; 1935, No. 36 : 1936, Nos. 78 and 131 ; 1938. No. 21 : 1940, No. 195 ; 1942. No. 25 ; 1944, No. 182 : 1947, Nos. 33, 121 and 135 ; 1948. No. 116 : 1949, No. 69 ; 1950, No. 23 ; and 1951, Nos. 36 and 52.
By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.
823.—Price 3d. 9/3.3.1952.
Overview
The Regulations Under the Naval Defence Act 1910-1949, enacted in 1952, were established to amend the Naval College Regulations, specifically addressing the pay rates for various positions within the naval college. The Governor-General, acting on advice from the Federal Executive Council, authorised these regulations to ensure consistency in salary structures and to align them with the cost of living adjustments applicable to officers of the Commonwealth Public Service. This legislative instrument was designed to rectify discrepancies in the remuneration for naval college staff, ensuring their pay scales reflected both their roles and the economic conditions of the time. The regulations were introduced to provide a structured and fair approach to salary increments and cost of living adjustments, thereby maintaining morale and efficiency within the naval college.
Scope and Application
The Naval College Regulations, as amended by these Statutory Rules, apply to the personnel involved in the operation and administration of the Royal Australian Naval College, including the Director of Studies, Senior Masters, and Masters. These regulations pertain to the remuneration and conditions of service for these individuals. The geographic and jurisdictional reach of these regulations is confined to the Commonwealth of Australia, specifically within the ambit of the Naval Defence Act 1910-1949. The regulations do not explicitly state any exclusions, exemptions, or thresholds; however, the adjustments to rates of pay and the variations in salary on account of changes in the cost of living are detailed. Additionally, the application of these regulations can be further extended or restricted through subordinate instruments, as authorised under the Naval Defence Act 1910-1949.
Key Provisions
The main operative sections of these regulations are concerned with the amendment of the Naval College Regulations. Specifically, section 1 amends Regulation 37 by replacing the existing table with a new table detailing the annual rates of salary and incremental advancements for various positions at the Naval College, such as the Director of Studies, Senior Master, and Master. The new table includes details such as minimum and maximum annual rates of salary, annual increments, and long service increments (section 1). Section 2 repeals Regulation 37a and introduces a new Regulation 37a, which subjects salaries to variations in accordance with changes in the cost of living, aligning with the conditions set out in regulation 106a of the Public Service Regulations (section 2).
The Act imposes obligations on the relevant parties, primarily ensuring that the salaries of staff at the Naval College are adjusted according to the new rates and conditions outlined in the amended regulations. The amendments necessitate that the Director of Studies, Senior Master, and Master receive specific annual increments and long service increments based on their years of service. Furthermore, the Act requires that any variations in the cost of living be applied to the salaries in the same manner as stipulated in the Public Service Regulations, thereby ensuring consistency across the public service (section 37a).
In terms of consequences for non-compliance, the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with statutory rules made under the authority of the Naval Defence Act 1910-1949 could potentially lead to administrative or legal repercussions. Typically, failure to adhere to such regulations could result in disputes regarding salary entitlements, which might be resolved through administrative review or judicial processes. While the regulations do not state maximum penalties, breaches of employment conditions or statutory obligations in Australia can result in fines, compensation claims, or other legal actions depending on the nature and severity of the breach.