Naval Establishments Regulations (Amendment)

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STATUTORY RULES

1948. No. 42.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

 

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 1910-1934.

Dated this twenty-fifth day of March, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

Amendments of the Naval Establishments Regulations.†

1. After regulation 57 of the Naval Establishments Regulations the following regulation is inserted:—

Emoluments Included in “ salary ”, meaning of “ service ” for purposes of regulations 56 and 67.

“ 57a.—(1.) For the purposes of regulation 56s and 57 of these Regulations, “ salary ” shall include the following emoluments :—

(a) Fixed annual allowances granted to an officer for the performance of duties additional to those of the position occupied ;

(b) Allowance payable to an officer in respect of the performance of higher duties than those incident to the scale of salary of his classified office where the officer has performed or, but for his absence on authorized leave, would have performed the higher duties for not less than twelve months immediately preceding the date upon which he commences furlough or ceases to be an officer of the Service and, in the case of an officer granted furlough, he is to retire at the expiration of the furlough;

(c) Merit money ;

(d) Leading Hand rate ;

(e) Magazine Salary ;

(f) District Allowance in any case where during furlough an officer remains in the district in respect of which the allowance is payable or, in the case of a married officer, his family, during his absence from the district, remains in that district ; and

(g) Allowance payable to the driver of a motor lorry under the relevant Determination of the Public Service Arbitrator: provided that any such allowance has been paid to

* Notified in the Commonwealth Gazette on    , 1948.—Nineteenth amendment.

† Statutory Rules 1936, No. 107, as amended by Statutory Rules 1937, Nos. 16, 52 and 63 ; 1938, No. 16 ; 1939, Nos. 3, 10 and 85 ; 1940, No. 196 ; 1941, Nos.58 and 144 ; 1942, Nos. 118, 181 and 414 ; 1944, Nos. 97, 142 and 183 ; and 1947, Nos. 136 and 139.

7696.—Price 3d. 10/17.2.1948.


the officer concerned for at least two-thirds of his working time in the twelve months preceding the date upon which his furlough commences or payment is to be made in lieu of furlough.

“ (2.) For the purposes of regulations 56 and 57 of these Regulations, “ service ” includes, in addition to any service which, by virtue of these Regulations, is reckoned for the purposes of these Regulations as service under these Regulations any service (not being so reckoned) which would, if the officer were a Commonwealth employee within the meaning of the Commonwealth Employee’s Furlough Act 1943-1944, be reckoned as part of his period of service for the purposes of that Act.”.

Short leave and leave for examinations.

2. Regulation 62 of the Naval Establishments Regulations is amended by omitting the proviso to sub-regulation (2.).

Basis of calculation of allowances of officers and employees.

3. Regulation 74 of the Naval Establishments Regulations is amended by adding at the end of sub-regulation (1.) the words “ or by marginal increases granted by a determination of the Public Service Arbitrator ”.

Rates of travelling allowances.

4. Regulation 75 of the Naval Establishments Regulations is amended by omitting the table contained in sub-regulation (1.) and inserting in its stead the following table :—

“ Where Maximum Salary of Position is—

Allowance Capital Cities.

Allowance other than Capital Cities.

First twenty-one days’ residence.

After twenty-one days’ residence.

First-twenty-one days’ residence

After twenty-one days’ residence.

Married Officer.

Unmarried Officer.

Married Officer.

Unmarried Officer.

 

per day.

per week.

per week.

per day.

per week.

per week.

 

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

Officers.

£396 and under

18

6

70

0

45

0

15

0

55

0

35

0

£397 to £720 ..

21

0

80

0

50

0

17

6

65

0

40

0

£721 to £1,012

25

0

90

0

60

0

20

0

75

0

50

0

Over £1,012 ..

30

0

105

0

65

0

25

0

90

0

60

0

Employees.

.............

18

6

70

0

45

0

15

0

55

0

35

0 ”

Allowances to officers working within defined districts.

5. Regulation 76 of the Naval Establishments Regulations is amended by omitting the table contained in sub-regulation (1.) and inserting in its stead the following table :—

“ Where Maximum Salary of Position is—

Where the Period of Continuous Residence at a Temporary Station is—

Less than one week.

One week or more.

Married Officers.

Unmarried Officers.

First week.

After first week.

 

per day.

per week.

per week.

per week.

 

s.

d.

s.

d.

s.

d.

s.

d.

£396 and under ..

15

0

55

0

55

0

35

0

Over £396 .............

17

6

65

0

65

0

40

0 ”


Commencement.

6.—(1.) Regulation 1 of these Regulations shall be deemed to have come into operation on the twenty-ninth day of March, 1943.

(2.) Regulation 2 of these Regulations shall be deemed to have come into operation on the fifteenth day of January, 1947.

(3.) Regulations 3, 4 and 5 of these Regulations shall be deemed to have come into operation on the third day of September, 1947.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1948, No. 42, represent the Regulations under the Naval Defence Act 1910-1934, enacted by the Governor-General, W. J. McKell, with the advice of the Federal Executive Council. These regulations were designed to amend the existing Naval Establishments Regulations, addressing gaps and updating provisions concerning emoluments, leave, allowances, and rates for officers and employees within the naval service. The policy objective behind these amendments was to ensure that the emoluments and allowances provided to naval officers and employees were comprehensive and reflective of the duties performed, including allowances for higher duties, merit money, and district allowances. Furthermore, the regulations sought to standardise the calculation of allowances and rates of travel, providing clarity and consistency in remuneration across various roles and locations. These regulations were introduced to refine and update the existing framework governing the compensation and allowances for officers and employees within the naval service, ensuring that they remain fair, reflective of duties, and in line with broader public service standards. The amendments were enacted to address the need for an updated and comprehensive regulatory framework that aligns with the changing demands and roles within the naval service.

Scope and Application

The Naval Defence Act 1910-1934 provides the legislative foundation for these regulations, which apply to the personnel within the Naval Defence Service. The scope of the regulations includes the definition of emoluments that are included in "salary," such as fixed annual allowances, allowances for higher duties, merit money, and various other allowances. These regulations also specify the basis of calculation for allowances of officers and employees, including adjustments based on marginal increases granted by the Public Service Arbitrator. They cover a range of officers and employees within the naval service, including those who have performed higher duties or are entitled to specific allowances based on their position or circumstances. The geographic and jurisdictional reach of these regulations is confined to the Commonwealth of Australia, as they are regulations under the Naval Defence Act 1910-1934. There are no explicit exclusions or exemptions mentioned in the text, and the application is broad, covering various aspects of naval service emoluments and allowances. The regulations may be further extended or restricted through subordinate instruments, which would provide additional detail or specific instances of application.

Key Provisions

The primary provisions of this statutory instrument amend the Naval Establishments Regulations under the Naval Defence Act 1910-1934. Regulation 57a (section 1) expands the definition of "salary" to include various allowances and payments such as fixed annual allowances, allowances for higher duties, merit money, and others. This expanded definition applies for the purposes of regulations 56 and 57 of the Naval Establishments Regulations. Regulation 62 (section 2) removes a proviso that previously restricted the ability of officers to take short leave and leave for examinations. Regulation 74 (section 3) modifies the basis of calculation of allowances for officers and employees to include marginal increases granted by the Public Service Arbitrator. Regulation 75 (section 4) revises the rates of travelling allowances for officers based on their salary and whether they reside in a capital city or not, providing different rates for the first twenty-one days of residence and subsequent periods. Regulation 76 (section 5) also revises allowances for officers working within defined districts, with different rates based on the maximum salary of the officer’s position and the duration of residence at a temporary station. These regulations impose specific obligations on officers and employees of the naval service regarding the calculation and entitlement to various allowances and payments. Officers must now adhere to the expanded definition of "salary" and the new rates of allowances as specified. These regulations also ensure that officers can take short leave and leave for examinations without the previous restrictions. Furthermore, the regulations mandate that marginal increases granted by the Public Service Arbitrator must be considered in the calculation of allowances. Breach of these regulations could lead to legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of this statutory instrument, violations of regulations governing naval service would generally be subject to the applicable laws and disciplinary measures under the Naval Defence Act 1910-1934. This may include administrative penalties, disciplinary actions, or even criminal charges depending on the severity of the breach. However, the maximum penalties are not specified within this legislative instrument.

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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.