STATUTORY RULES.
1951. 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 fifteenth
day of June , 1951.
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 sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation :—
“ (1.) Officers of the Professional Staff shall be paid, according to grade, consolidated rates of pay in accordance with the following table :—
Grade. | Annual rate of salary. | Incremental Advancement. |
Minimum. | Maximum. |
| £ | £ | |
Director of Studies....... | 1,162 | 1,348 | Annual increments of £62 |
Senior Master.......... | 947 | 1,072 | Three biennial increments (one of £32 two of £31) and one long service increment of £31 after 8 years’ service as Senior Master |
Master............... | 759 | 915 | Pour annual increments (three of £31, one of £32) and one long service increment of £31 after six years’ service as Master |
2. Regulation 38 of the Naval College Regulations is repealed and the following regulation inserted in its stead :—
Retiring age.
“ 38.—(1.) Subject to the next succeeding sub-regulation, an officer of the Professional Staff shall be compulsorily retired upon his attaining the age of sixty years.
* Notified in the Commonwealth Gazette on , 1951.
† 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, No. 36.
2058—Price 3d. 9/2.5.1,951.
“(2.) The Governor-General may, on the recommendation of the Naval Board, approve of a Director of Studies or a Senior Master continuing in his office as such for a period not exceeding two years after his attaining the age of sixty years.”.
Commencement.
3. Regulations 1 and 2 of these Regulations shall be deemed to have come into operation on the second day of November, 1950.
By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Regulations under the Naval Defence Act 1910-1949, made in 1951, were enacted by the Governor-General in Council to amend the Naval College Regulations, specifically addressing the rates of pay and retiring age for officers within the Professional Staff of the naval college. This legislative instrument was designed to ensure that remuneration and service conditions were updated to reflect changes in economic conditions and service requirements. The regulations aimed to provide a fair and structured progression in pay and to set a clear retiring age for staff, while also allowing for extensions in certain circumstances. The changes were intended to maintain the operational efficiency of the naval college by ensuring that staff were adequately compensated and that there was a clear framework for career progression and retirement.
Scope and Application
These Regulations, made under the Naval Defence Act 1910-1949, primarily concern the amendment of the Naval College Regulations. They apply to officers of the Professional Staff at the Naval College, impacting their remuneration and retirement conditions. The geographic reach of these regulations is confined to the Commonwealth of Australia, as they are federal regulations. The regulations do not explicitly state any exclusions or exemptions, but by their nature, they would not apply to individuals not employed as officers of the Professional Staff at the Naval College. The amendments extend the application of the regulations by modifying the pay rates and retirement conditions for the specified professional staff. The regulations were brought into effect on the second day of November, 1950, and the Governor-General has the authority to extend the retirement age for certain officers upon the recommendation of the Naval Board.
Key Provisions
The main operative sections of the Statutory Rules 1951, No. 52 (the "Regulations") are contained in Regulations 1 and 2, which respectively amend the rates of pay for officers of the Professional Staff (Regulation 1) and the retiring age for such officers (Regulation 2). Regulation 1 replaces sub-regulations (1) and (2) of Regulation 37 of the Naval College Regulations with a new consolidated table of pay rates, including incremental advancements and long service increments, based on grade. Regulation 2 replaces Regulation 38 of the Naval College Regulations with a new rule stating that officers of the Professional Staff must retire at age sixty, with the possibility for the Governor-General to extend their service up to two years past this age based on a recommendation from the Naval Board.
These Regulations impose specific obligations on the parties governed by them, primarily officers of the Professional Staff. They must adhere to the new rates of pay and increments as outlined in Regulation 1. Additionally, these officers must comply with the new compulsory retirement age of sixty years, though they may continue in their roles beyond this age if the Governor-General approves such an extension based on a recommendation from the Naval Board. The Regulations also require the Naval Board to recommend whether an officer should be allowed to continue serving past the retirement age.
The Regulations do not explicitly outline any offences or penalties for breach. However, non-compliance with the stipulated pay rates or compulsory retirement age could potentially result in disciplinary action under the Naval Defence Act 1910-1949 or other relevant legislation. For instance, failure to adhere to the pay rates might be viewed as a breach of contract or misconduct under the Act, while ignoring the compulsory retirement provisions could also lead to disciplinary measures. The specific penalties for such breaches would depend on the nature and severity of the non-compliance, as well as the applicable laws and regulations at the time.