STATUTORY RULES.
1947. No. .
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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 seventeenth day of September, 1947.
W. J. Mckell
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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Amendments of the Naval Establishments Regulations.†
Definitions.
1.—(l.) Regulation 4 of the Naval Establishments Regulations is amended by inserting at the end of the definition of “Returned Soldier” the words “, and also includes a discharged member of the Forces within the meaning of the Re-establishment and Employment Act 1945”.
(2.) This regulation shall be deemed to have come into operation on the twenty-seventh day of August, 1945.
Temporary employment of Returned Soldiers.
2. Regulation 14a of the Naval Establishments Regulations is repealed.
Variation of salary on account of cost of living.
3.—(1.) Regulation 44 of the Naval Establishments Regulations is amended by omitting from sub-regulations (2.) and (4.) the words “July” and “January” and inserting in their stead the words “May” and “November” respectively.
(2.) This regulation shall be deemed to have come into operation on the sixteenth day of April, 1942.
* Notified in the Commonwealth Gazette on , 1947.––Seventeenth 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 1944; 1942, Nos. 118, 181 and 414; and 1944, Nos. 97, 142 and 183.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
225.—Price 3d. 9/31.7.1947.
Overview
The Naval Defence Act 1910-1934, as amended by the 1947 Statutory Rules, provides a framework for the regulation of naval defence matters in Australia. These regulations, introduced by the Governor-General in accordance with advice from the Federal Executive Council, aim to address issues related to the employment of returned soldiers, cost of living adjustments for salaries, and the definition of terms within the Naval Establishments Regulations. Specifically, the 1947 Statutory Rules modify the Naval Establishments Regulations to include discharged members of the forces within the definition of "Returned Soldier", amend the timing of salary variations due to the cost of living, and repeal certain temporary employment regulations. These amendments reflect a policy objective to better integrate returned soldiers into naval service and ensure that personnel are compensated fairly in line with inflation adjustments.
Scope and Application
The Naval Defence Act 1910-1934, as amended through the Statutory Rules 1947 No. 194, applies to the regulation of the naval establishments in Australia, impacting personnel such as returned soldiers and discharged members of the forces as defined in the Re-establishment and Employment Act 1945. This legislation operates on a Commonwealth level, regulating employment and salary variations for these individuals within the naval sector. The specified amendments to the Naval Establishments Regulations, such as the modification of definitions and salary variation timelines, are designed to streamline and update the administrative processes concerning the naval workforce. The regulation also repeals certain provisions, such as the temporary employment of returned soldiers, indicating a shift in policy or operational focus. These regulations are enforceable across Australia and extend their application through subordinate instruments, ensuring a cohesive and updated framework for naval personnel management.
Key Provisions
The primary operative sections of these Regulations under the Naval Defence Act 1910-1934 focus on amendments to existing regulations concerning the naval establishments. Firstly, Regulation 1 amends the definition of "Returned Soldier" to include discharged members of the forces as per the Re-establishment and Employment Act 1945 (section 1(1)). This change is significant for eligibility under certain naval provisions, as it broadens the category of individuals who can be considered for temporary employment. Secondly, Regulation 2 repeals Regulation 14a of the Naval Establishments Regulations, which was related to the temporary employment of Returned Soldiers (section 2). Lastly, Regulation 3 modifies the timing for variations in salary based on the cost of living, changing the dates from July and January to May and November respectively (section 3(1)).
These Regulations impose specific obligations and requirements on the parties involved. Firstly, the amended definition of "Returned Soldier" now includes discharged members of the forces, thereby extending the scope of those eligible for certain naval employment provisions. This could potentially affect the recruitment and employment processes within the naval force. Secondly, the repeal of Regulation 14a means that the previous temporary employment provisions for Returned Soldiers are no longer in effect, which might impact existing employment arrangements. Finally, the variation of salary dates to May and November requires adjustments in administrative processes to align with the new schedule for cost of living adjustments.
Breaching these Regulations could result in civil or criminal consequences, though specific offences and penalties are not detailed in the text. However, general penalties under the Naval Defence Act 1910-1934 may apply. For instance, non-compliance with regulations governing naval establishments could lead to fines or imprisonment, depending on the severity of the breach. It is essential for the parties involved to adhere strictly to these amendments to avoid any legal repercussions.