NAVAL DEFENCE.
No. 45 of 1918.
An Act to amend the Naval Defence Act 1910–1912.
[Assented to 25th December, 1918.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Naval Defence Act 1918.
(2.) The Naval Defence Act 1910–1912 is, in this Act, referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Naval Defence Act 1910–1918.
Definitions.
2. Section three of the Principal Act is amended by inserting therein after the definition of “Active Service” the following definition:—
“‘Commission’ includes warrant.”.
Application of Defence Act.
3. Section five of the Principal Act is amended by adding at the end thereof the following proviso:—
“Provided that, in the application of those Parts and sections in relation to the Naval Forces, any reference to the Minister shall be construed as a reference to the Minister administering this Act.”.
Power to appoint officers.
4. Section eight of the Principal Act is amended by adding at the end thereof the following proviso:—
“Provided that subordinate officers and officers appointed provisionally or on probation shall not receive commissions.”.
Officers not to be appointed or promoted except provisionally until they have passed prescribed examination.
5. Section eleven of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(5.) Notwithstanding anything contained in this section, an officer who, at the commencement of a time of war, holds a provisional appointment as an officer of a particular rank, or who is, during a time of war, appointed provisionally as an officer of a particular rank, may continue to hold office as an officer of that rank during the continuance of the time of war and for a period not exceeding eighteen months thereafter, even though he has not passed the prescribed examination for that rank.”.
Appointment of noncommissioned and petty officers.
6. Section fourteen of the Principal Act is amended by omitting therefrom the words “Warrant officers”.
Discharge on expiration on period of service.
7. Section twenty-eight of the Principal Act is amended—
(a) by inserting therein before the word “war” (second occurring) the words “time of”; and
(b) by adding at the end thereof the following sub-section:—
“(2.) When a seaman becomes entitled to be discharged he shall be discharged with all convenient speed, but until discharged he shall remain a member of the Naval Forces.”.
Overview
The Naval Defence Act 1918, enacted by the Australian Parliament, serves as an amendment to the Naval Defence Act 1910–1912, addressing gaps in the regulation of the naval forces of the Commonwealth. The Act focuses on enhancing the structure and administration of naval forces, particularly in response to the exigencies of wartime. It was introduced to ensure that naval officers and personnel were appropriately qualified and that the naval forces could be effectively managed and mobilised during times of conflict. The policy objective of the Act is to provide clearer guidelines for the appointment, examination, and discharge of naval officers and enlisted personnel, ensuring a more robust and efficient naval defence system.
Scope and Application
The Naval Defence Act 1918 amends the Naval Defence Act 1910–1912, updating and refining provisions related to the Australian Naval Forces. The Act applies to the officers, warrant officers, and seamen within the Naval Forces, focusing on the appointment, examination, and discharge procedures for these personnel. Geographically, the Act applies to the Commonwealth of Australia, as it is a federal statute. It includes provisions for the appointment of officers and warrant officers, stipulating that certain officers may hold provisional appointments during wartime, even if they have not passed the prescribed examinations. The Act also mandates that upon the expiration of their service period, seamen must be discharged with all convenient speed. The Act further refines definitions and application of the Principal Act, ensuring clarity and specificity in its provisions. The amendments extend and clarify the application of the Principal Act, but no explicit exclusions or exemptions are mentioned in the provided excerpt.
Key Provisions
The Naval Defence Act 1918 amends the Naval Defence Act 1910–1912, introducing various changes to the governance and operation of the naval forces. Key sections of this Act include the addition of new definitions and provisions that alter the application of the Principal Act. For instance, section 2 inserts the definition of "Commission" to include "warrant," broadening the scope of authorised roles within the naval forces. Section 3 modifies the application of the Defence Act to ensure that references to the Minister in sections concerning Naval Forces are interpreted as references to the Minister administering this Act.
The Act imposes several obligations on parties involved in the naval forces. For example, section 4 stipulates that subordinate officers and those appointed provisionally or on probation shall not receive commissions, thereby setting clear boundaries on the types of appointments that can be made. Section 5 allows officers holding provisional appointments during wartime to continue in their roles even after the war, provided they do not exceed an eighteen-month period following the war without passing the requisite examination. Furthermore, section 6 removes the term "Warrant officers" from section fourteen of the Principal Act, likely to streamline the appointment process for noncommissioned and petty officers.
Breaches of the provisions in this Act can lead to various penalties and consequences. While the Act does not explicitly detail offences and penalties, it can be inferred that non-compliance with the outlined procedures for appointments, examinations, and discharges could result in disciplinary actions. These actions might include administrative penalties or, in severe cases, legal repercussions depending on the nature and severity of the breach. The Act’s amendments are designed to ensure that the naval forces operate efficiently and effectively, with clear guidelines on roles, responsibilities, and the process for discharging personnel.