STATUTORY RULES.
1931. No. 2.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Naval Defence Act 1910-1918, to come into operation forthwith, unless otherwise specified herein.
Dated this twenty-first day of January, 1931.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Amendment of Naval College Regulations.
(Statutory Rules 1926, No. 181, as amended to this date.)
(Seventh Amendment.)
1. Regulation 52 is repealed as from 1st July, 1930, and the following regulation is inserted in its stead:—
“52. (1) Officers of the Professorial Staff may be granted sick leave, furlough, and extended leave, under the conditions prescribed in the Commonwealth Public Service Act and Regulations.
(2) Where an Officer who is not eligible for furlough or extended leave under sub-regulation (1) of this regulation is permitted to retire, or is retired from the Service in pursuance of the decision of the Government to re-organize and retrench the Department of Defence, the Naval Board may authorize payment to him of a sum equivalent to his pay for a period of leave not exceeding that proportionate to his service as specified in the following scale:—
Service. | Leave. |
16 years and less than 20 years.............................. | 5 months |
12 years and less than 16 years.............................. | 4 months |
8 years and less than 12 years............................... | 3 months |
4 years and less than 8 years................................ | 2 months.” |
3338. Price 3d
2. Regulation 76 is repealed and the following regulation is inserted in its stead :—
“76. (1) The following prizes shall be awarded and shall be competed for by each Cadet Midshipman in the final year of his course at the College:—
(a) Grand Aggregate Prize....... | Value of approximately 10 guineas. |
(b) Professional Subjects (Engineering, Navigation and Seamanship.) | | Value of approximately 5 guineas each. |
(c) Humanities (History, French, and English.) |
(d) Mathematics, Physics and Chemistry |
The cost of these prizes, which shall not exceed 25 guineas, shall be defrayed from the College vote.
(2) No Cadet Midshipman shall be allowed to receive more than one of the prizes presented by the Naval Board, and in cases where a Cadet Midshipman qualifies for more than one, the Captain, after consultation with the Board of Studies, shall decide the award.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1931 No. 2, titled "Regulations Under the Naval Defence Act 1910-1918", was enacted to provide amendments to the existing Naval College Regulations, specifically focusing on the leave entitlements for officers of the Professorial Staff and the establishment of prize awards for Cadet Midshipmen. These regulations were made under the authority of the Naval Defence Act 1910-1918 and came into operation forthwith. The objective was to update the leave conditions for professors and to introduce a structured system of awards for cadet midshipmen, thereby enhancing the operational efficiency and morale within the naval college. The regulations were made by the Minister of State for Defence, acting on the advice of the Federal Executive Council, and were intended to address specific gaps in the existing leave policies and to formalise a prize system to incentivise academic performance among cadets.
Scope and Application
The Statutory Rules 1931, No. 2, made under the Naval Defence Act 1910-1918, primarily amend the regulations governing the Australian Naval College, specifically focusing on leave entitlements for officers of the professorial staff and the prizes awarded to cadet midshipmen in their final year. The amendments apply to the professorial staff and cadet midshipmen at the Naval College, affecting their conditions of service and educational incentives. The regulations pertain to individuals employed in or associated with the Department of Defence and students at the Naval College. The scope of the Act extends to federal jurisdiction, as it is an instrument made under Commonwealth legislation. There are no exclusions or exemptions specified in these regulations; however, the Act may extend or restrict its application through subordinate instruments. This regulatory update ensures that the provisions governing leave entitlements and prize awards are current and aligned with other relevant Commonwealth regulations, such as those in the Commonwealth Public Service Act and Regulations.
Key Provisions
The Regulations under the Naval Defence Act 1910-1918, specifically detailed in Statutory Rules 1931, No. 2, introduce several changes to the existing Naval College Regulations. Regulation 52, which previously dealt with leave entitlements, is repealed and replaced. The new Regulation 52(1) now allows officers of the Professorial Staff to be granted sick leave, furlough, and extended leave under the conditions set out in the Commonwealth Public Service Act and Regulations. Regulation 52(2) outlines the leave entitlement for officers who are retired from the Service due to the Government's decision to re-organize and retrench the Department of Defence, specifying a leave payment based on the number of years of service.
In addition to the changes in leave entitlements, Regulation 76 is also amended. The new Regulation 76(1) details the prizes that will be awarded to Cadet Midshipmen in their final year at the College. These include the Grand Aggregate Prize, Professional Subjects prizes, Humanities prizes, and prizes for Mathematics, Physics, and Chemistry. The total cost of these prizes must not exceed 25 guineas and will be funded from the College vote. Regulation 76(2) stipulates that no Cadet Midshipman can receive more than one prize, and in cases where a Cadet qualifies for more than one prize, the Captain, after consulting with the Board of Studies, will decide the award.
The Regulations impose several obligations on the parties involved. Officers of the Professorial Staff must adhere to the conditions set forth in the Commonwealth Public Service Act and Regulations for leave entitlements. The Naval Board must authorise the payment of leave equivalents to officers retiring from the Service and must ensure the cost of the prizes does not exceed the specified limit. The Captain, in consultation with the Board of Studies, is tasked with deciding the award of multiple prize qualifications for Cadet Midshipmen.
Breach of these Regulations may lead to various consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that failure to comply with the terms regarding leave entitlements and prize awards could result in disciplinary action. The severity of such action would depend on the nature and extent of the breach, potentially leading to administrative penalties or other repercussions within the Defence Department. The precise nature of these consequences would likely be governed by additional regulations or directives not explicitly stated in this particular legislative instrument.