Naval Establishments Regulations (Amendment)

STATUTORY RULES.

1949. No.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1948.*

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 1910-1948.

Dated this eighth

day of September, 1949.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

Amendments of the Naval Establishments Regulations.†

1. Regulation 21 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead :—

Performance of work outside Government Service.

“ 21.—(1.) Except with the express permission of the Naval Board, which permission may at any time be withdrawn, an officer or an employee shall not—

(a) accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation ;

(b) accept or continue to hold or discharge the duties of, or be employed in a paid office in connexion with, any banking, insurance, mining, mercantile or other commercial business, whether carried on by any corporation, company, firm or individual ;

(c) engage in or undertake any such business, whether as principal or agent ;

(d) engage in or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any person, company or firm who or which is so engaged ;

(e) accept or engage in any remunerative employment other than in connexion with the duties of his employment by the Commonwealth ; or

(f) demand or receive for his own use any fee, reward, gratuity, or remuneration of any kind whatsoever, other than his official salary, wages, or allowances, for services performed by him either in or out of office hours, in connexion with any matter in which the Commonwealth is concerned.

* Notified in the Commonwealth Gazette on , 1949.—Twentieth Amendment.

† Statutory Rules 1936, No. 107, as amended by Statutory Rules 1937, Nos. 16, 52 and 63 ; 1938, No. 16 ; 1939, Nos. 3, 19 and 85 ; 1940, No. 190 ; 1941, Nos. 58 and 144 ; 1942, Nos. 118, 181 and 414 ; 1944, Nos. 97, 142 and 183 ; 1947, Nos. 136 and 139 ; and 1948, No. 42.

2425.—Price 3d. 10/5.8.1949.

“ (2.) Nothing contained in this regulation shall be deemed to prevent an officer or employee from becoming a member or shareholder only of an incorporated company, or of any company or society of persons registered under any law in any State or elsewhere, but an officer or employee shall not take any part in the conduct of the business of the company or society otherwise than by the exercise of his right to vote as a member or shareholder.

“ (3.) Notwithstanding anything contained in this regulation, an officer or employee may, with the approval of the Naval Board, which approval may at any time be withdrawn, act as a director of a co-operative society which is registered under any law in any State or elsewhere and docs not enter into contracts for the supply of goods or services to the Commonwealth.

“ (4.) Where application is made for permission or approval of the Naval Board under this regulation, such application shall be submitted to the Officer-in-Charge, who shall forward it, with his report, for the consideration of the Naval Board.”.

Meal allowance.

2. Regulation 47 of the Naval Establishments Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words and figures from and including the word “ Salary ” to the end of the sub-regulation and inserting in their stead the following words and figures:—

(b) by omitting sub-regulation (2.).

Public holidays.

3. Regulation 51 of the Naval Establishments Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (8.) Notwithstanding the preceding provisions of this regulation, the days to be observed as holidays by an officer or employee stationed at a place outside Australia may be such days, not exceeding in number the number of holidays which may be observed under those provisions, as the Naval Board, in its discretion, determines.”.

4. Regulation 61 of the Naval Establishments Regulations is repealed and the following regulations are inserted in its stead:—

Extended leave without pay.

“ 61.—(1.) Upon application by an officer, the Naval Board may grant him leave of absence without pay—

(a) where the leave of absence is for the purpose of enabling the officer to occupy a full-time executive office in an organization of employees in the Public Service within the meaning of the Arbitration (Public Service) Act 1920-1947—for any period ;

(b) where the leave of absence is for the purpose of enabling the officer—

(i) to pursue a course of study relating to the duties of his office ;

(ii) to undertake research work relating to the duties of his office ; or

(iii) to pursue a course of study under the Commonwealth Reconstruction Training Scheme,

for a period not exceeding twelve months, or such further period as the Naval Board considers reasonable in the circumstances ;

(c) where the leave of absence is for the purpose of service with the Government of the United Kingdom, or of a State of the Commonwealth, or of a British Dominion, Colony or Dependency, or an international body or organization, and following a request by such Government, body or organization that the services of an officer be made available, the officer applies for leave of absence accordingly—for a period not exceeding three years ; or

(d) where the leave of absence is for any other purpose—for a period not exceeding twelve months.

(2.) The period during which an officer is absent on leave granted pursuant to this regulation shall not be included as part of the officer’s period of service for any purpose unless otherwise ordered by the Naval Board.

Definition.

“ 61a. For the purpose of paragraph (c) of sub-regulation (1.) of the last preceding regulation, ‘an international body or organization’ means any one of the following :—

Allied Control Commission for Germany ;

International Civil Aviation Organization ;

United Nations.”.

Basis of calculation of allowances of officers and employees.

5. Regulation 74 of the Naval Establishments Regulations is amended by omitting from sub-regulation (1.) the words “ or by ”, and inserting in their stead the words “ but shall be deemed to include ”.

Rates of travelling allowances,

6. 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:—

Allowances to officers working within defined districts.

7. 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 :—

Commencement.

8. Regulations 5, 6, and 7 of these Regulations shall be deemed to have come into operation on the fourth day of August, 1948.

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