Naval Establishments Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1951. No.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1949*

I ,THE Administrator of the Government of Common wealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1949.

Dated this eighth

day of August , 1951.

(Sgd) J. Northcott

Administrator

By His Excellency’s Command,

__________________

Amendments of the Naval, Establishments Regulations.†

Definitions.

1. Regulation 4 of the Naval Establishments Regulations is amended by inserting after the definition of “ Employee ” the following definition :—

“ ‘ Magazine Area ’ means a naval establishment or area within a naval establishment which is declared by the officer-in-charge by notice in writing to be a magazine area for the purposes of these Regulations.”.

Outfit gratuity.

2.—(1.) Regulation 43a of the Naval Establishments Regulations is amended by omitting the word “ Twenty ” and inserting in its stead the word “ Thirty ”.

(2.) This regulation shall be deemed to have come into operation on the first day of June, 1950.

3.—(1.) Regulation 44 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead :—

Variation of salary on account of variations in cost of living.

“ 44.—(1) For the purposes of this regulation the term ‘ index number ’ means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the ‘ Court ’ series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration.

“ (2) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 81.7, salaries payable in pursuance of regulation 43 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of May or the month

* Notified in the Commonwealth Gazette on , 1951.—

Twenty-first 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. 196 ; 1941, Nos. 58 and 144 ; 1942, Nos. 118, 181 and 414 ; 1944, Nos. 97, 142 and 183 ; 1947, Nos. 136 and 139 ; 1948, No. 42 ; and 1949, No. 04.

2426.—Price 5d 12/6.6.1951.

of November (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which that index number falls:—

Index Number Groups.	Amount of Decrease in salary.
Index Number Groups.	Adult Males.	Adult Females and Persons 19 and 20 years of age.	Persons under 19 years of age.
	£	£	£
	Per annum.	Per annum.	Per annum.
79.4 to 81.6 ...........................	6	4	3
77.1 to 79.3 ...........................	12	8	6
74.8 to 77.0 ...........................	18	12	9
72.5 to 74.7 ...........................	24	16	12
70.2 to 72.4 ...........................	30	20	15
67.9 to 70.1 ...........................	36	24	18

“ (3) If the index number falls below 67.9, salaries shall be further reduced on the basis indicated in sub-regulation (2) of this regulation, that is to say, for each fall of 2.3 points in the index number salaries shall be reduced by £6 per annum in the case of adult males, £4 per annum in the case of adult females and persons who are 19 or 20 years of age and £3 per annum in the case of persons who are under 19 years of age.

“ (4) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 83.9, salaries payable in pursuance of regulation 43 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of May or the month of November (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which that index number falls:—

Index Number Groups.	Amount of Increase in Salary.
Index Number Groups.	Adult Males.	Adult Females and Persons 19 and 20 years of age.	Persons under 19 years of age.
	£	£	£
	Per annum.	Per annum.	Per annum.
84.0 to 86.2 ............................	6	4	3
86.3 to 88.5 ............................	12	8	6
88.6 to 90.8 ............................	18	12	9
90.9 to 93.1 ............................	24	16	12
93.2 to 95.4 ............................	30	20	15
95.5 to 97.7 ............................	36	24	18

“ (5) If the index number rises above 97.7, salaries shall be further increased on the basis indicated in sub-regulation (4) of this regulation, that is to say, for every rise of 2.3 points in the index number salaries shall be increased by £6 per annum in the case of adult males, £4 per annum in the case of adult females and persons who are 19 or 20 years of age and £3 per annum in the case of persons who are under 19 years of age.

“ (6) The following amounts shall be added to salaries payable in pursuance of regulation 43 of these Regulations after variation, if any, has been made in accordance with the foregoing sub-regulations of this regulation:—

	Per annum.
	£
Adult males ................................................	16
Adult females and persona who are 19 or 20 years of age ..................	11
Persons who are under 19 years of age ...............................	8

“ (7) The amounts specified in sub-regulation (6) of this regulation shall be deemed for all purposes to be part of salary.”.

(2.) The first adjustment of salaries under the Naval Establishments Regulations as amended by sub-regulation (1.) of this regulation shall be made as from the commencement of the first fortnightly pay period beginning in November, 1948, and shall be based on the index number for the six months ended on the thirtieth day of September, 1937, which shall be deemed to be 70.6.

4.—(1.) After regulation 59 of the Naval Establishments Regulations the following regulation is inserted:—

Leave for defence training.

“ 59a.—(1) The Officer-in-Charge shall, subject to this regulation, grant to an officer or employee who is a member of the Citizen Naval, Military or Air Forces of the Commonwealth, leave of absence on full pay and without deduction from recreation leave for the purpose of attending the annual training of his unit or corps and one school, class or course of instruction in each year.

“ (2) Where, in the opinion of the Officer-in-Charge, it would not be in the public interest to grant to an officer or employee leave of absence under sub-regulation (1) of this regulation, the Officer-in-Charge shall grant to the officer or employee in lieu thereof leave of absence in accordance with this regulation to enable the officer or employee to attend an equivalent training, school, class, or course of instruction of anothr unit or corps.

“ (3) Leave of absence granted in pursuance of this regulation for the purpose of attending training shall not, in any one year, exceed—

(a) where the officer or employee is a member of the Citizen Naval Forces, thirteen days inclusive of Saturdays and Sundays ;

(b) where the officer or employee is a member of the Citizen Military Forces, fourteen days inclusive of Saturdays and Sundays ; and

“ (4) Leave of absence granted in pursuance of this regulation for the purpose of attending one school, class or course of instruction shall not, in any one year, exceed—

(a) where the officer or employee is a member of the Citizen Naval Forces, thirteen days inclusive of Saturdays and Sundays ; and

(b) where the officer or employee is a member of the Citizen Military Forces, ten days inclusive of Saturdays and Sundays.

“ (5) An officer or employee shall, when making application for leave of absence under this regulation, submit to the Officer-in-Charge evidence that it is necessary for him to attend at the annual training, school, class or course of instruction.

“ (6) At the conclusion of any training, school, class or course of instruction that an officer or employee has attended during a period of leave of absence granted under this regulation the officer or employee shall submit to the Officer-in-Charge a certificate by his Commanding Officer specifying the period for which the officer or employee attended the training, School, class or course of instruction.

“ (7) Notwithstanding the foregoing provisions of this regulation, a temporary officer or employee whose services are not further required shall not be granted leave of absence in pursuance of this regulation beyond the date on which he would ordinarily have ceased duty.

“ (8) In this regulation, ‘ year’ moans any period commencing on the first day of July and ending on the next succeeding thirtieth day of June.”.

(2.) This regulation shall be deemed to have come into operation on the twentieth day of October, 1949.

Recreation leave.

5.—(1.) Regulation 55 of the Naval Establishments Regulations is amended ‘by omitting sub-regulation (1) and inserting in its stead the following sub-regulations :—

“ (1) The Officer-in-Charge may grant to an officer or a weekly hired employee who has been continuously employed for a period of not less than twelve months leave of absence on full pay for recreation for any period or periods not exceeding three working weeks in the whole in each year, exclusive of Sundays and holidays.

“ (1a) In exercising his power and discretion under the last preceding sub-regulation the Officer-in-Charge may take into consideration the conduct record of the officer or employee and any period for which the officer or employee was absent from duty in the year.”.

(2.) This regulation shall be deemed to have come into operation on the thirtieth day of July, 1949.

Rates of travelling allowances,

6.—(1.) 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.
	First twenty-one days’ residence.		Married Officer.		Unmarried Officer.		First twenty-one days’ residence.		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
£381 and under ........	20	0	100	0	65	0	17	6	75	0	50	0
£382 to £854 .........	22	6	110	0	70	0	20	0	85	0	55	0
£855 to £1,218 ........	27	6	120	0	80	0	22	6	95	0	65	0
£1,219 and over .......	32	6	135	0	85	0	27	0	110	0	75	0
Employees
...................	20	0	100	0	05	0	17	6	75	0	50	0

(2.) This regulation shall be deemed to have come into operation on the fourteenth day of July, 1949.

Allowances to officers working within defined districts.

7.—(1.) 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 three weeks.		Three weeks or more.
			Married Persons.		Unmarried Persons.
					First week.		After first week.
	Per day.		Per week.		Per week.		Per week.
	s.	d.	s.	d.	s.	d.	s.	d.
£381 and under ..........	17	6	75	0	75	0	50	0
£382 and over ...........	20	0	85	0	85	0	55	0

(2.) This regulation shall be deemed to have come into operation on the fourteenth day of July, 1949.

8. After regulation 101 of the Naval Establishments Regulations the following regulation is added:—

Smoking, &c., in magazine areas.

“ 102. A person shall not, without permission by the Officer-in-Charge—

(a) smoke, strike a match, light a fire, or in any way procure any naked light or flame; or

(b) be in possession of tobacco, matches, flame lighters, candles, lamps or other material or articles used or capable of being used for smoking or for procuring a naked light or flame,

in any magazine area.

Penalty: Twenty pounds or imprisonment for three months or both.”.

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

Overview

The Naval Defence Act 1910-1949 was enacted to establish and regulate the defence of the Commonwealth of Australia by sea, providing the legislative framework for the Royal Australian Navy's operations and administration. The Act was introduced to address the need for a structured and legal basis for naval defence efforts, ensuring the protection of Australia's maritime borders and interests. The 1951 Regulations under the Act, made by the Administrator of the Government of the Commonwealth of Australia on the advice of the Federal Executive Council, aimed to further refine and update the administration and operational aspects of naval establishments. These Regulations, which include amendments to definitions, salary adjustments based on the cost of living, and provisions for leave and allowances, were introduced to adapt the naval administration to changing circumstances and ensure efficient and fair treatment of naval personnel. The policy objective of these amendments is to maintain the effectiveness and morale of the naval force by providing timely and appropriate adjustments to personnel conditions and ensuring compliance with safety regulations in sensitive areas such as magazine zones.

Scope and Application

The Regulations Under the Naval Defence Act 1910-1949 apply to the officers and employees of the naval establishments in Australia, with specific provisions related to their employment terms, leave entitlements, and allowances. These regulations govern the administration of naval establishments across the Commonwealth of Australia, affecting the personnel who work within these facilities. The Act does not explicitly state any exclusions or exemptions, but it is implied that these regulations apply to all officers and employees within the scope of the Naval Defence Act 1910-1949. The regulations are intended to provide a structured framework for the management of personnel within naval establishments, including aspects such as salary adjustments based on the cost of living index, recreation leave entitlements, and allowances for officers working within defined districts. Additionally, the regulations establish strict controls on activities such as smoking and possessing items that could pose a fire hazard in designated magazine areas within naval establishments. The application of these regulations can be extended or modified through subordinate instruments as necessary.

Key Provisions

The main operative sections of the Regulations under the Naval Defence Act 1910-1949 include several key amendments and additions to existing regulations. Section 1 amends the definition of "Magazine Area" to specify that it is an area declared by the officer-in-charge as such in writing. Section 2 changes the outfit gratuity amount from Twenty to Thirty, with this change deemed effective from 1 June 1950. Section 3 introduces a new regulation concerning the variation of salary based on changes in the cost of living, using the weighted average retail price index number for six State capital cities. Section 4 adds a regulation that allows leave for defence training for officers or employees who are members of the Citizen Naval, Military or Air Forces, with specific limits on the duration of leave granted. Section 5 modifies the regulation on recreation leave, allowing the Officer-in-Charge to grant up to three weeks of leave on full pay, taking into account the conduct record and any absence from duty. Sections 6 and 7 adjust the rates of travelling allowances and allowances for officers working within defined districts, respectively. These Regulations impose several obligations and requirements on the parties or entities they govern. Firstly, the Officer-in-Charge must declare specific areas as "Magazine Areas" and ensure compliance with the prohibition on smoking and possession of flammable materials in these areas. Secondly, the Officer-in-Charge is responsible for calculating salary variations based on the cost of living index number and for granting leave for defence training in accordance with the specified conditions. Thirdly, the Officer-in-Charge may grant recreation leave to officers or employees who have been continuously employed for at least twelve months, taking into account their conduct record and any prior absence from duty. The Regulations also outline specific offences and penalties for breaches. Section 8 introduces a new regulation prohibiting smoking, striking a match, lighting a fire, or possessing items capable of producing a flame or naked light in a magazine area without permission from the Officer-in-Charge. The penalty for breaching this regulation is a fine of up to Twenty Pounds, imprisonment for up to three months, or both.

Area of Law: Defence Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Offence Provisions

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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.

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