STATUTORY RULES.
1929. No. 72.
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 come into operation forthwith unless otherwise specified herein.
Dated this twenty-eighth day of June, 1929.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
A. J. McLACHLAN
for Minister of State for Defence.
Amendment of Naval Establishments Regulations.
(Statutory Rules 1926, No. 197, as amended to present date.)
(Third Amendment.)
1. Regulation 13 is amended, as from 26th September, 1928, by omitting, therefrom the figures “25”.
2. Regulation 25 is amended, as from 26th September, 1928:—
(a) by the insertion of the words “or employee” after the word “officer” in:—
(i) the second and fourth lines of sub-regulation (1);
(ii) the first, fourth, eighth and tenth lines of sub-regulation (3);
(iii) the second and third lines of sub-regulation (5);
(iv) the second line of sub-regulation (8);
(b) by omitting from sub-regulation (3) the words “and shall pay those sums to the judgment creditor” and inserting in their stead the words “, or may direct the deduction therefrom of such sums and shall pay, or direct the payment of, those sums to the judgment creditor”;
(c) by omitting sub-regulation (9) and inserting, in its stead; the following sub-regulation:—
“(9) In this regulation ‘the Paying Officer’ means such officer as the Naval Board appoints as paying officer for the purposes of this regulation.”
1339.–Price 3d.
3. Regulation 41, sub-regulation (2), is amended by inserting the words “, or who is unable to produce, when called upon, any Government property which is in his custody,” after the word “property”.
4. Regulation 67 is amended—
(a) by inserting after the word “occasions” in sub-regulation (1) the words “in the preceding twelve months”;
(b) by inserting after the word “occasions” in sub-regulation (2) the word “in the preceding twelve months.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
Statutory Rules 1929, No. 72, known as the Regulations Under the Naval Defence Act 1910-1918, was enacted to amend existing regulations concerning the administration of naval establishments and the management of naval personnel. The Governor-General in Council, acting on advice from the Minister of State for Defence, issued these regulations to update and refine the existing framework, addressing issues such as the enforcement of judgments against naval officers and employees, the definition and role of a paying officer, and the handling of government property by naval personnel. This legislative instrument aimed to ensure more effective financial management and accountability within the naval service, aligning with the policy objective of maintaining efficient and orderly operations within the naval defence sector.
Scope and Application
The Regulations under the Naval Defence Act 1910-1918 apply to officers and employees of the Naval Establishments, as well as any individuals who may be in custody of Government property and are unable to produce such property upon request. These regulations have a jurisdictional reach that is specific to the Commonwealth of Australia, as they are enacted by the Governor-General on the advice of the Federal Executive Council. The regulations amend existing provisions under the Naval Establishments Regulations to address various aspects of the enforcement of judgments against officers and employees, the management of government property, and the circumstances under which disciplinary action may be taken. Notably, these regulations also introduce specific definitions and clarifications to streamline the administrative process. While the regulations aim to provide comprehensive coverage, they do not explicitly outline exclusions, exemptions, or thresholds; however, the scope is inherently limited to the context of naval defence operations and personnel. The application of these regulations may be further extended or clarified through subordinate instruments as deemed necessary by the Naval Board.
Key Provisions
The main operative sections of these regulations involve amendments to existing provisions under the Naval Defence Act 1910-1918. Regulation 13 is amended by removing the figure "25", while Regulation 25 is amended to include the terms "employee" in several instances (Regulation 25(1)(ii), (3)(i), (3)(iv), (3)(viii), (3)(x), (5)(ii), (5)(iii), and (8)(ii)). Additionally, Regulation 25(3) is altered to allow for sums to be deducted from payments and directed to judgment creditors. Regulation 41(2) is amended to include a clause regarding individuals who are unable to produce government property in their custody, and Regulation 67 is amended to specify that the preceding twelve months' occasions are relevant (Regulation 67(1) and (2)).
These regulations impose several obligations and requirements on the parties and entities governed by the Naval Defence Act 1910-1918. They mandate that certain sums be deducted from payments and directed to judgment creditors when necessary. Furthermore, they require that the term "employee" be included in specific sub-regulations, ensuring that these provisions apply to both officers and employees. Regulation 41(2) additionally requires that individuals be able to produce government property in their custody when called upon, ensuring accountability for such assets. Lastly, Regulation 67's amendment clarifies that the preceding twelve months' occasions are relevant, potentially affecting disciplinary actions or other consequences.
Violations of these regulations may result in civil or criminal consequences, although specific offences and penalties are not outlined in the text. Given the context of the Naval Defence Act, breaches of these regulations could potentially lead to disciplinary actions within the naval service, fines, or other penalties as prescribed by law. The maximum penalties, if any, would be determined according to the specific breaches and the broader legislative framework governing the naval defence activities in Australia.