Naval Establishments Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B02408 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 118.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

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 1910-1934.

Dated this Eleventh day of March, 1942.

Governor-General.

By His Excellency’s Command.,

Minister of State for the Navy.

––––––

Amendments of the Naval Establishments Regulations.†

Definitions.

1. Regulation 4 of the Naval Establishments Regulations is amended—

(a) by omitting the definition of “Employee” and inserting in its stead the following definition:—

“ ‘Employee’ means a person who is engaged in a civilian capacity in or in connexion with a naval establishment by the Officer-in-Charge, or by his delegate in that regard.”;

(b) by omitting the definitions of “Officer” and “Officer-in-Charge” and inserting in their stead the following definitions:—

“‘Officer’ means a person whose employment in a civil capacity in connexion with the Naval Forces or in connexion with any services auxiliary to Naval Defence or any naval works or establishments is authorized and who is appointed by the Governor-General in pursuance of section 63 of the Defence Act 1903-1941 or section 41 of the Naval Defence Act 1910-1934.”;

 

* Notified in the Commonwealth Gazette on , 1942—Eleventh 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; and 1941, Nos. 58 and 144.

4376.—18/14.7.1941.—Price 3d.


“ ‘Officer-in-Charge’ means, in relation to any naval establishment or group of naval establishments, the officer of the Naval Forces, officer or person appointed to be in charge of that establishment or group, and, in relation to the central administrative office, means the Secretary.”; and

(c) by omitting the definition of “Service” and inserting in its stead the following definition:—

“ ‘Temporary officer’ means a person who is employed in a civil capacity in pursuance of regulation 13 of these Regulations.”.

2. Before regulation 5 of the Naval Establishments Regulations, the following regulation is inserted:—

Delegation of powers by Minister.

“4a.—(1) The Minister may by writing under his hand delegate any of the powers, functions and authorities (except this power of delegation) conferred upon or vested in him by these Regulations.

(2) Any delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power, function or authority by the Minister.”

3. Regulation 13 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Temporary officers.

“13.—(1) The Naval Board may authorize the employment of any person as a temporary officer in connexion with any naval establishment.

(2) The Naval Board may at any time authorize the termination of a temporary officer’s employment without notice.

(3) The provisions of these Regulations which relate to an officer shall, except where otherwise prescribed, also apply to a temporary officer.

(4) The provisions of regulations 23, 24, 26, 50, 57, 60, 61, 63, 64 and 65 of these Regulations shall not apply in the case of a temporary officer:

Provided that the provisions of regulations 56 and 57 of these Regulations shall apply in the case of any person to whom regulation 58 of these Regulations relates to the extent provided in the last mentioned regulation.”.

Rates of pay.

4. Regulation 43 of the Naval Establishments Regulations is amended—

(a) by omitting from sub-regulation (1) all the words from and including the words “The rates” up to and including the word “indicated” and inserting in their stead the words—

“Subject to this regulation, an officer or employee occupying a position the designation of which is specified in the following table shall be paid at a rate within the limits of pay specified in the table opposite the designation of the position”;

(b) by omitting from that sub-regulation the word “Salary.” (first occurring) and inserting in its stead the words “Pay per annum.”;


(c) by omitting from that sub-regulation the words “(subject to Naval Board approval)”;

(d) by omitting from that sub-regulation the symbol “‡” (wherever occurring);

(e) by inserting in that sub-regulation after the words and figures—

“Examiner (Naval Ordnance), Sydney 

..

292

312

One of £8 and one of £12 annually”

the words and figures—

“Ship Constructor.........

..

732

804

£24 annually

Engineer Constructor......

..

732

804

£24 annually

Electrical Assistant to Director of Engineering (Naval)

..

684

756

£24 annually

Senior Draughtsman.......

..

546

618

£18 annually

Hull Overseer...........

..

636

708

£24 annually

Electrical Assistant to Engineer Manager 

..

582

660

Three of £18 and one of £24 annually

Second Electrical Assistant to Engineer Manager

..

510

546

£18 annually

Assistant Overseer........

..

510

546

£18 annually

Assistant Inspector of Naval Ordnance (Sydney)

..

636

708

£24 annually

Chief Cartographer........

..

564

636

£18 annually

Draughtsman............

1

306

510

Five of £12 and eight of £18 annually

Assistant Heliographer .....

..

252

260

£8 annually

Chart Assistant—

 

 

 

 

Under 17 years..........

..

84

..

 

At 17 years............

..

96

..

 

At 18 years............

..

114

..

 

At 19 years............

..

138

..

 

At 20 years............

..

168

..

 

Adult................

..

212

260

£12 annually

Chart Corrector—

 

 

 

 

Under 17 years.........

..

84

..

 

At 17 years...........

..

96

..

 

At 18 years...........

..

114

..

 

At 19 years...........

..

138

..

 

At 20 years...........

..

168

..

 

Adult...............

..

222

318

£12 annually

Chart Corrector (Stocks and Maintenance)

..

288

354

One of £18 and four of £12 annually

Chart Corrector (Senior) .....

..

312

384

£12 annually”

and

 

 

 

(f) by omitting sub-regulation (2) and inserting in its stead the following sub-regulations:—

“(2) An officer or employee occupying the position of Foreman (Laboratory), Grade “A”, “B” or “C”, Foreman (Storehouse), Grade “A”, “B” or “C”, Storehouseman, Assistant Storehouseman, Assistant (Armament), Laboratoryman or Senior Examiner, Naval Ordnance Branch, Sydney, may, if he is employed in a magazine or explosives store, be paid at the rate of £12 per annum in addition to the rate of pay payable to him under sub-regulation (1) of this regulation.


“(3) Subject to sub-regulation (4) of this regulation, the rate of pay payable to an officer or employee upon his appointment or promotion to a position specified in the table in sub-regulation (1) of this regulation shall not, unless the Naval Board otherwise determines, exceed the minimum rate of pay prescribed in that sub-regulation in relation to that position.

“(4) Where an officer or employee who is transferred or promoted to a position specified in the table in sub-regulation (1) of this regulation is already in receipt of pay at a rate higher than the minimum rate prescribed in that sub-regulation in relation to that position, his transfer or promotion shall be effected, unless the Naval Board otherwise determines, without reduction of pay.

“(5) Subject to sub-regulations (6) and (7) of this regulation, an officer, temporary officer or employee occupying a position the designation of which is specified in the table in sub-regulation (1) of this regulation may be paid increments at the rate and within the limits of pay specified in relation to the position in that table.

“(6) An increment shall not be paid unless and until the Naval Board, upon receipt of a report from the appropriate officer or authority as to the conduct, diligence, efficiency and regular attendance of the officer, temporary officer or employee concerned, has approved of such payment.

“(7) The rate of pay of the occupant of a position of Draughtsman, Grade I., shall not be advanced beyond the rate of £402 per annum unless and until the Naval Board, upon receipt of a report furnished by the appropriate officer or authority that that occupant is capable of discharging under the general supervision of the controlling officers any duties which come within the scope of the duties of the position in the section in which the occupant is employed, has approved of such advancement.

5. After regulation 43 of the Naval Establishments Regulations the following regulation is inserted:—

Outfit, gratuity.

“43a. An officer or employee on appointment, promotion or transfer to the position of Assistant Inspecting Officer (Central Storekeeping) may, subject to the approval of the Naval Board, be paid an outfit gratuity of Twenty pounds.”.

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

Overview

The Statutory Rules 1942 No. 118, titled "Regulations Under the Naval Defence Act 1910-1934," were enacted by the Governor-General in Council to amend the existing Naval Establishments Regulations in response to the pressing needs of Australia's naval defence during a time of war. These regulations were introduced to streamline the administration and management of civilian personnel within naval establishments, reflecting the urgency of the situation during World War II. The enacting body was the Federal Executive Council, acting on the advice of the Minister of State for the Navy. The policy objective of these amendments was to enhance the flexibility and efficiency of the naval defence operations by clarifying roles, responsibilities, and the authority of various officers and employees within the naval establishments, as well as to adjust compensation structures to reflect the evolving demands of the service.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934 apply to persons engaged in civilian capacities in connection with naval establishments, including officers appointed by the Governor-General and temporary officers employed under specific regulations. These regulations pertain to the structure and administration of naval establishments and the terms of employment for personnel within them. The scope of these regulations is limited to the Commonwealth of Australia, reflecting the federal jurisdiction over naval defence matters. Certain provisions exclude temporary officers from the application of specific regulations, such as those governing certain allowances and increments, while other regulations apply to them with some exceptions. The Minister for the Navy has the authority to delegate certain powers, functions, and authorities under these regulations, though this delegation can be revoked at any time. These regulations thus form part of the broader framework for managing the civilian workforce within Australia's naval defence infrastructure.

Key Provisions

The key operative sections of these regulations pertain to the definition of terms and the establishment of rates of pay for various positions within the naval establishment. Regulation 1 redefines the terms "Employee," "Officer," "Officer-in-Charge," and "Temporary Officer," providing a clearer understanding of who is eligible for employment in a civilian capacity in or in connection with a naval establishment (Regulation 1(a)-(c)). Regulation 4a introduces the possibility for the Minister to delegate any powers, functions, and authorities conferred upon or vested in him by these Regulations, except for the power of delegation itself (Regulation 4a(1)-(2)). Regulation 13 replaces the previous regulation regarding temporary officers, allowing the Naval Board to authorize the employment of temporary officers and to terminate their employment without notice (Regulation 13(1)-(2)). It also specifies that most provisions applicable to officers also apply to temporary officers, with some exceptions (Regulation 13(3)-(4)). Regulation 43 sets out the rates of pay for various positions within the naval establishment, including increments and conditions for pay advancements (Regulation 43(1)-(7)). Regulation 43a allows for the payment of an outfit gratuity of Twenty Pounds to an officer or employee on appointment, promotion, or transfer to the position of Assistant Inspecting Officer (Central Storekeeping), subject to the approval of the Naval Board (Regulation 43a). These regulations impose certain obligations and requirements on the parties and entities they govern. The Minister must ensure that any delegation of powers, functions, and authorities is made in writing and can be revoked at will (Regulation 4a(1)-(2)). The Naval Board must approve the employment of temporary officers, their termination of employment, and the payment of outfit gratuities and increments (Regulation 13(1)-(2), 43(6)-(7), 43a). Additionally, the Naval Board must determine whether an officer or employee's transfer or promotion to a position specified in the table in Regulation 43(1) should be effected without reduction of pay (Regulation 43(4)). The Naval Board must also approve the advancement of an officer's rate of pay beyond a specified limit if the officer is deemed capable of discharging the duties of their position (Regulation 43(7)). Breach of these regulations may lead to various consequences, including civil and criminal penalties. However, the specific offences, penalties, and consequences are not explicitly stated in these regulations. It is likely that any breaches would be subject to the general laws and regulations governing employment, contracts, and public service in Australia. Therefore, the consequences of a breach may vary depending on the nature and severity of the breach, as well as the specific laws and regulations applicable to the situation.

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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.