Naval Establishments Regulations (Amendment)

Overview

Statutory Rules 1936 No. 2, made under the Naval Defence Act 1910-1934, introduced a specific regulation regarding the engagement of apprentices in the H.M.A. Naval Establishments in Sydney. The regulation was enacted by the Governor-General in Council, which is the formal body constituted by the Governor-General in their capacity as the Queen's representative, acting on the advice of the Federal Executive Council. The regulation aimed to streamline the conditions under which apprentices were engaged, particularly altering the conditions for those engaged after 1 February 1936 to be prescribed by the Naval Board rather than the existing conditions set by the Naval Establishments Regulations. This change likely sought to provide more flexibility and oversight in managing the terms of apprenticeships within the naval establishments.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, specifically Statutory Rules 1936 No. 2, pertain to the engagement of apprentices in various trades within His Majesty’s Australian Naval Establishments in Sydney. These Regulations apply to individuals who are apprentices and are intended for employment within the naval establishments. The Regulations are effective from 1st February 1936, with specific conditions governing the engagement of apprentices both prior to and after this date. Apprentices engaged before 1st February 1936 remain subject to the pre-existing conditions outlined in the Naval Establishments Regulations, whereas those engaged after this date are subject to conditions prescribed by the Naval Board. These Regulations are applicable nationally within the Commonwealth of Australia and are intended to provide clear guidelines for the engagement of apprentices in the naval sector. No explicit exclusions, exemptions, or thresholds are mentioned in the text, and the application of these Regulations may be further extended or restricted through subordinate instruments issued under the authority of the Naval Defence Act 1910-1934.

Key Provisions

The regulation, which is a legislative instrument made under the Naval Defence Act 1910-1934, primarily concerns the engagement of apprentices for employment in various trades within His Majesty's Australian Naval Establishments in Sydney (Regulation 85(1)). This regulation is significant because it updates the conditions under which apprentices can be engaged, replacing a previous regulation with a new set of rules. Specifically, it states that any apprentices engaged before 1 February 1936 must adhere to the conditions outlined in the existing regulations (Regulation 85(2)). Conversely, for apprentices engaged after this date, the conditions will be prescribed by the Naval Board (Regulation 85(3)). The obligations placed on the parties involved are clear. The Naval Board is tasked with determining the specific conditions under which apprentices will be engaged following 1 February 1936. This includes outlining the terms of employment, the duration of the apprenticeship, and any other relevant stipulations. Furthermore, any existing apprentices engaged prior to this date must continue to be governed by the conditions previously established in the repealed regulation. While the regulation itself does not explicitly outline specific offences or penalties for breaches, any non-compliance with the prescribed conditions of engagement could potentially lead to disciplinary action under other provisions of the Naval Defence Act 1910-1934 or related legislation. This could include administrative penalties, termination of employment, or other corrective measures deemed appropriate by the Naval Board. The exact consequences would depend on the nature and severity of the breach, and would likely be addressed in accordance with the broader legal framework governing the Australian Defence Force.