Naval Establishments Regulations (Amendment)

Legislation au C1934L00089 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 89.

____________

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.

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 1910-1918, to operate as from 12th October, 1933.

Dated this twenty-fifth day of July, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

G. F.PEARCE

Minister of State for Defence.

______________

Amendment of Naval Establishments Regulations.

(Statutory Rules 1926; No. 197, as amended to this date.)

(Thirteenth Amendment.)

1. Regulation 76 is amended by omitting sub-regulation (3).

2. After regulation 76 the following new regulation is inserted:—

Basis of calculation of allowance of officers and employees.

“76a. (1) For the purpose of calculating any allowance payable to an officer or employee under regulations 77 to 84, the maximum salary of the position occupied by the officer or employee shall not be deemed to be affected or varied by the provisions of the Financial Emergency Act 1931-1933, or to have been varied by the provisions of regulation 43a.

(2) Where any allowance under regulations 77 to 84 is payable for less than a day, the allowance shall be at an hourly rate of one twenty-fourth part of the daily rate or one hundred and sixty-eighth part of the weekly rate, as the case may be.

3. Regulation 77, sub-regulation (1), is amended by omitting the scale and inserting in its stead the following scale:—

Where Maximum Salary of Position is—

Allowance Capital Cities.

Allowance other than Capital Cities.

First Fourteen Days’ Residence.

After Fourteen Days’ Residence.

First Fourteen Days’ Residence.

After Fourteen Days’ Residence.

Married Officer.

Unmarried officer.

Married Officer.

Unmarried Officer.

Officers.

 

 

Per day.

Per week.

Per week.

Per

day

Per week.

Per week.

 

s.

d.

s.

d.

s.

d.

s.

 

d.

s.

d.

s.

d.

£312 and under..

12

0

42

0

30

0

10

 

6

35

0

25

0

£313 to £480....

14

6

50

0

35

0

12

 

0

42

0

30

0

£481 to £708....

17

0

63

0

40

0

14

 

6

50

0

35

0

£709 to £999....

20

0

70

0

45

0

17

 

0

63

0

40

0

£1,000 and over..

(a)

(a)

(a)

(a)

(a)

(a)

Employees.

 

12

0

12

0

30

0

10

6

35

0

25

0

(a) As may be determined from time to time by the Naval Board.

Notified in the Commonwealth Gazette on 26th July, 1934

2754.—Price 3d.

4. After regulation 77 the following new regulation is inserted:—

Allowances to officers working within defined districts.

“77a. (1) An officer or employees temporarily transferred to perform duty at another station or stations other than in a capital city) involving absence from home for a period of not less than six weeks shall, subject to the provisions of sub-regulation (2) of regulation 77, be paid an allowance on the following scale, provided—

(a) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid; and

(b) that a period of not less than three weeks elapses between the time of first arrival in and time of ultimate departure from any town:—

Where Maximum Salary of Position is—

Whets the period of continuous Residence at a Temporary Station is—

Less than one week.

One week or more.

Married Officer.

Unmarried Officer.

First week.

After first week.

 

Per day.

Per week.

Per week.

Per week.

 

s.

d.

s.

s.

s.

£312 and under........

10

6

35

35

25

£313 to £480.........

12

0

42

42

30

£481 and over........

14

6

50

50

35

(2) Officers or employees whose place of work is variable within a specified district shall, subject to the provisions of sub-regulation (2) of regulation 77, be paid an allowance as prescribed in sub-regulation (1) of this regulation, provided—

(a) that the officer or employee is informed in writing before leaving his head-quarters of the allowance to be paid; and

(b) that a period of not less than two weeks elapses between the time of first arrival in and time of ultimate departure from any town.

(3) If, in any case, it is proved to the satisfaction of the Naval Board that the allowance paid under this regulation is insufficient to meet extra expenses necessarily incurred, the Naval Board may increase the allowance.”

5. Regulation 79 is repealed and the following regulation is inserted in its stead:—

“70. Travelling allowances shall be in addition to cost of conveyance. The period for which travelling allowance may be claimed shall be computed from time of departure, to time of arrival on return, of the train, steamer, or other conveyance by which an officer or employee travels.

Provided that in the case of an officer or employee travelling on permanent transfer, to whom the provisions of regulation 75 are applicable, the period shall be computed to time of arrival at the place to which he has been transferred.”


6. Regulation 80 is repealed and the following regulation is inserted in its stead:—

“80. Where an officer or employee in receipt of a weekly rate of allowance is required to leave his temporary head-quarters for a period of less than one week, he shall be paid, in respect of such absence, travelling allowance as prescribed and, in addition, an amount to meet continuing expenses necessarily incurred, but not exceeding the amount which would have been paid had he remained at his temporary station.”

7. Regulation 81 is repealed and the following regulation is inserted in its stead:—

Increased or decreased travelling allowance.

“81. Upon proof to the satisfaction of the Naval Board that the travelling allowance payable to an officer or employee under these Regulations is either insufficient to cover or in excess of, expenses reasonably incurred, the Naval Board may vary the allowance.”

___________________

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

Overview

The Statutory Rules 1934, No. 89, enacted under the authority of the Governor-General in Council, amends the Naval Establishments Regulations, which were originally established under the Naval Defence Act 1910-1918. This legislative instrument was introduced to address administrative adjustments in the allowances and benefits for officers and employees within the naval sector, particularly in response to financial constraints and operational changes during the period of the Financial Emergency Act 1931-1933. The primary objective is to ensure that the naval personnel receive appropriate compensation that reflects their duties and conditions, while also aligning with the broader fiscal policies of the Commonwealth. The regulations were designed to provide clarity and consistency in the calculation and payment of allowances, ensuring that officers and employees are fairly compensated for their service and related expenses.

Scope and Application

The Statutory Rules 1934, No. 89, made under the Naval Defence Act 1910-1918, pertains to the amendments of the Naval Establishments Regulations. These regulations are specifically targeted towards officers and employees within the naval establishment, setting out detailed provisions regarding allowances such as residence, travel, and additional expenses incurred during their service. The regulations apply across the Commonwealth of Australia, with the changes taking effect from 12th October, 1933. The regulations are designed to ensure that officers and employees receive appropriate compensation for their duties, with particular attention to allowances affected by the Financial Emergency Act 1931-1933. The scope of the amendments includes modifications to the basis of calculation for allowances, the introduction of new scales for allowances in capital and non-capital cities, and provisions for officers or employees working in defined districts or those who are temporarily transferred. The application of these regulations is overseen by the Naval Board, which has the authority to adjust allowances based on the specific circumstances of officers and employees. The Act does not explicitly mention any exclusions, exemptions, or thresholds, though the adjustments and allowances are subject to the discretion of the Naval Board.

Key Provisions

The main operative sections of the Naval Defence (Naval Establishments) Regulations 1933 (Statutory Rules 1934; No. 89) introduce amendments to the existing regulations concerning allowances for officers and employees of the naval service. Regulation 76 is amended to clarify that the calculation of allowances under regulations 77 to 84 should not be affected by the Financial Emergency Act 1931-1933 or any other regulations. A new regulation, 76a, is introduced to specify the hourly rate for allowances payable for periods less than a day. Additionally, regulation 77 is amended with new scales for allowances based on the maximum salary of the position and whether the officer or employee is married or unmarried. Regulation 77a introduces allowances for officers or employees temporarily transferred to perform duties at another station for at least six weeks, or for those whose place of work is variable within a specified district. Regulations 79, 80, and 81 are repealed and replaced with new provisions regarding travelling allowances, expenses for temporary absences, and adjustments to travelling allowances based on proof of expenses. These regulations impose specific obligations on the Naval Board to ensure that officers and employees receive the appropriate allowances as per the scales provided. The Naval Board must inform officers and employees in writing about the allowances they will receive before they leave their headquarters. Furthermore, there are stipulations regarding the minimum period of residence at a temporary station before an allowance can be claimed. For instance, an officer or employee must reside at a temporary station for at least three weeks before an allowance can be paid if they are temporarily transferred for at least six weeks. For those with a variable place of work within a specified district, the minimum period of residence is two weeks. Additionally, the Naval Board must review and adjust allowances if it is proven that the current allowance is either insufficient or excessive based on the actual expenses incurred. Breach of these regulations could result in officers or employees not receiving the allowances they are entitled to, or receiving improper amounts. The regulations do not explicitly state any criminal or civil penalties for non-compliance, but failure to adhere to the stipulated conditions for allowances could lead to disputes and potential administrative actions by the Naval Board. For example, if the Naval Board does not follow the prescribed scales and conditions for allowances, it could face challenges in justifying its decisions, potentially leading to internal or external reviews and possible adjustments to the allowances provided.

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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.