Naval Defence Act 1952

Legislation au C1952A00014 Not in force Act

Legislation content

NAVAL DEFENCE.

 

No. 14 of 1952.

An Act to amend the Naval Defence Act 1910–1949.

[Assented to 30th May, 1952.]

BE it enacted by the Queen’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 1952.

(2.) The Naval Defence Act 1910–1949 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 1910–1952.


Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. Section two of the Principal Act is amended by omitting the words “Part V.—Obligations in respect of Naval Training.” and inserting in their stead the words “Part V.—Cadets.”.

Definitions.

4. Section three of the Principal Act is amended by inserting after the definition of “Naval establishment” the following definition:—

“ ‘Native force’ means a force consisting, or consisting mainly, of aboriginal inhabitants of a Territory of the Commonwealth;”.

Application of Defence Act.

5. Section five of the Principal Act is amended by omitting the words “and Parts IV. to XIV.” and inserting in their stead the words “, Part IV. and Parts VI. to XI.”.

Citizen Naval Forces.

6. Section twenty-one of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The Naval Reserve Forces shall consist of—

(a) officers and seamen who are not bound in time of peace to continuous naval service and are paid for their services as prescribed and of persons who, having been called up in accordance with the National Service Acts 1951 for service with the Citizen Naval Forces, are deemed to have been enlisted in those Forces; and

(b) members of the Naval Reserve Cadets.”.

Naval Forces to be raised by voluntary enlistment.

7. Section twenty-four of the Principal Act is amended by omitting the words “Except as provided in the Defence Act,” and inserting in their stead the words “Except as provided by the National Service Acts 1951,”.

8. After section twenty-four of the Principal Act the following section is inserted:—

Native forces.

“24a.—(1.) A native force raised in a Territory of the Commonwealth governed by the Commonwealth under a Trusteeship Agreement shall not be required to render service other than such service as is permitted under Article eighty-four of the Charter of the United Nations.

(2.) The regulations may make provision for, and in relation to, the control, regulation and discipline of a native force, and may provide that the provisions of this Act shall apply to, and in relation to, the native force subject to such modifications, adaptations and exceptions as are prescribed.”.

Discharge prior to expiration of period of service.

9. Section twenty-nine of the Principal Act is amended by omitting from sub-section (3.) the words “undergoing training or liable to be trained in pursuance of the Defence Act” and inserting in their stead the words “rendering service in accordance with the National Service Acts 1951”.


Service of Citizen Forces.

10. Section thirty-two of the Principal Act is amended by omitting from sub-section (1.) the words “such naval service as the regulations prescribe” and inserting in their stead the words “naval service in accordance with the National Service Acts 1951 or as prescribed by the regulations”.

11. Part V. of the Principal Act is repealed and the following Part inserted in its stead:—

“Part V.—Cadets.

Reserve of cadets.

“38.—(1.) There shall be a body of cadets which shall be known as the Naval Reserve Cadets and shall consist of persons under the age of eighteen years who volunteer, and are accepted, for training in that body.

“(2.) The training and conditions of service of members of the Naval Reserve Cadets shall be as prescribed.

Australian Sea Cadet Corps.

“39.—(1.) Subject to this section, the Naval Board may make arrangements, whether in association with the Navy League of Australia or otherwise, for the instruction and equipment of persons enrolled in the body of cadets raised by that League and known as the Australian Sea Cadet Corps.

“(2.) The regulations may prescribe all matters in relation to the organization of that Corps and the training and conditions of service of the members of the Corps and, in particular, may make provision for or in relation to—

(a) payment to the League of an annual monetary grant in respect of each cadet who attains a prescribed standard of efficiency;

(b) the issue of uniforms, equipment, stores and victuals for instructors and trainees;

(c) provision of travelling facilities for, and the payment of travelling expenses of, instructors and trainees; and

(d) the payment of instructors.

“(3.) If no provision or insufficient provision is made by the regulations in respect of a matter specified in the last preceding sub-section, provision in respect of that matter may, to the extent to which the regulations lack provision, be made by determination of the Naval Board.”.

12. After section forty-four c of the Principal Act the following sections are inserted:—

Intoxicating liquor.

“44d.—(1.) Subject to the next succeeding section, a person shall not, in or at a naval canteen, camp or establishment, or on board a vessel of the Commonwealth Naval Forces, sell or supply intoxicating liquor—

(a) to a person who is under the age of twenty-one years and is rendering service required by the National Service Acts 1951, except by direction of a duly qualified medical practitioner; or


(b) to any other person, except in accordance with such conditions as, subject to the approval of the Minister, the Naval Board determines.

“(2.) A person who is under the age of twenty-one years and is rendering service required by the National Service Acts 1951 shall not have intoxicating liquor in his possession in or at a naval canteen, camp or establishment or on board a vessel of the Commonwealth Naval Forces, except by direction of, a duly qualified medical practitioner.

“(3.) A person other than a person to whom the last preceding sub-section applies shall not have intoxicating liquor in his possession in or at a naval canteen, camp or establishment or on board a vessel of the Commonwealth Naval Forces, except in accordance with such conditions as, subject to the approval of the Minister, the Naval Board determines.

“(4.) It is lawful for a person, in or at a naval canteen, camp or establishment, or on board a vessel of the Commonwealth Naval Forces, to sell, supply, or be in possession of, intoxicating liquor in accordance with conditions determined under this section, notwithstanding any provision of the law of a State or Territory of the Commonwealth.

Penalty: Twenty pounds.

Intoxicating liquor not to be supplied to Naval Reserve Cadets.

“44e. A person shall not sell or supply intoxicating liquor to a member of the Naval Reserve Cadets while he is in uniform, except by direction of a duly qualified medical practitioner.

Penalty: Twenty pounds.”.

Regulations.

13. Section forty-five of the Principal Act is amended by inserting after paragraph (b) of sub-section (1.) the following paragraph:—

“(ba) the conditions of service and training of persons rendering service under the National Service Acts 1951;”.

 

Overview

The Naval Defence Act 1952 was enacted by the Parliament of Australia to amend the existing Naval Defence Act 1910–1949, thereby addressing the need for updating the naval defence framework in light of new national service regulations and the changing role of naval forces. The Act was assented to on 30th May 1952 and came into operation immediately. The primary objective of this legislation is to align the naval defence framework with the requirements of the National Service Acts 1951 and to provide for the regulation of native forces under the Charter of the United Nations. Additionally, it updates the structure and regulations of the Naval Reserve Forces, introduces provisions for the Naval Reserve Cadets, and controls the sale and possession of intoxicating liquor within naval establishments and canteens.

Scope and Application

The Naval Defence Act 1952, as amended, applies to the Commonwealth of Australia and pertains to the organisation, control, and discipline of the naval forces, including the Citizen Naval Forces and the Naval Reserve Forces. The Act also regulates the service of members of these forces, including their training, enlistment, and discharge. Furthermore, the Act provides for the establishment of native forces in territories governed by the Commonwealth under a Trusteeship Agreement, and sets out the conditions under which these forces may render service. The Act applies to any person or entity involved in the sale or supply of intoxicating liquor within naval canteens, camps, establishments, or on vessels of the Commonwealth Naval Forces, including members of the Naval Reserve Cadets. The provisions of the Act are applicable throughout Australia and may be extended or restricted through subordinate instruments, such as regulations and determinations made by the Naval Board. The Act does not apply to any person or entity that is exempt under the National Service Acts 1951.

Key Provisions

The Naval Defence Act 1952 amends the Naval Defence Act 1910–1949 by updating several key provisions. Firstly, it modifies the definitions and the scope of the Act, referring to the amended Act as the Naval Defence Act 1910–1952. The Act comes into operation on the day it receives Royal Assent. It redefines "native force" as a force mainly consisting of aboriginal inhabitants of a Territory governed by the Commonwealth. It also modifies the application of the Defence Act, now only applying to Part IV and Parts VI to XI of the Principal Act. The Naval Reserve Forces are redefined to include officers and seamen who are paid for their services and members of the Naval Reserve Cadets. Naval forces are to be raised by voluntary enlistment, except as provided by the National Service Acts 1951. The Act imposes specific obligations on the parties it governs. For instance, it mandates that native forces, which are raised in territories governed by the Commonwealth under a Trusteeship Agreement, are only to render service as permitted under Article eighty-four of the Charter of the United Nations. The regulations can make provisions for the control, regulation, and discipline of native forces, and may apply the provisions of this Act to these forces with modifications, adaptations, and exceptions as prescribed. Furthermore, the Act establishes the Naval Reserve Cadets, a body consisting of persons under the age of eighteen who volunteer and are accepted for training. The Act also provides for the Australian Sea Cadet Corps, allowing the Naval Board to make arrangements for the instruction and equipment of its members. There are also specific offences and penalties outlined in the Act. For instance, it is an offence to sell or supply intoxicating liquor in or at a naval canteen, camp, establishment, or on board a vessel of the Commonwealth Naval Forces to a person under the age of twenty-one who is rendering service under the National Service Acts 1951, unless by direction of a duly qualified medical practitioner. The same applies to the possession of such liquor. Similarly, selling or supplying intoxicating liquor to a member of the Naval Reserve Cadets while in uniform is also prohibited, except by direction of a duly qualified medical practitioner. The penalty for these offences is a fine of twenty pounds.

Legal classification tags

Area of Law
Defence Law
Instrument
Amending Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards
Citizen Naval Forces
Prohibited Conduct
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.