Naval Establishments Regulations (Amendment)

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STATUTORY RULES

1970 No. 74

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this second day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for the Navy.

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Amendments of the Naval Establishments Regulations†

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 Regulation 3 of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-4).

Part II.—Administration (Regulations 4a-13).

Part III.—Duties of Officers and Employees (Regulations 21-42).

Part VIII.—Miscellaneous (Regulations 101-102).”.

Definitions.

2. 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 employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be employees;”

(b) by omitting the definitions of “Minister”, “Naval Board”, “Naval Establishment” and “Officer” and inserting in their stead the following definition:—

“‘officer’ means a person employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be officers;” and

 

* Notified in the Commonwealth Gazette on 11 June 1970.

† 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; 1949, No. 64; 1951, Nos. 76, 87, 93 and 140; 1953, Nos. 14 and 95; 1954, No. 31; 1955, Nos. 12 and 46; 1956, Nos. 87 and 132; 1957, No. 31; 1958, Nos. 46 and 55; 1959, No. 79; 1961, Nos. 30, 32 and 91; 1962, Nos. 17 and 98; 1963, Nos. 32, 48, 60, 74 and 112; 1964, Nos. 2, 20, 98, 103, 115 and 156; 1965, Nos. 62, 95; 103 and 117; 1966, Nos. 32, 34, 93, 135 and 177; 1967, Nos. 18, 97, 106, 137 and 166; and 1968, No. 9.

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(c) by omitting the definitions of “Returned Soldier”, “Secretary”, “Temporary officer”, “The Acts” and “The War” and inserting in their stead the following definitions:—

“‘temporary officer’ means a person employed in a civil capacity under section 42 of the Act who is included in a class of persons so employed determined by the Naval Board to be temporary officers;

‘the Act’ means the Naval Defence Act 1910-1968;

‘the Naval Board’ means the Board of Administration for the Naval Forces constituted under section 7 of the Act;

‘the Secretary’ means the Secretary to the Department of the Navy.”.

3. Regulation 4a of the Naval Establishments Regulations is repealed and the following regulation inserted in its stead:—

Delegations by Minister and Naval Board.

“4a.—(1.) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

“(2.) The Naval Board may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under these Regulations, except this power of delegation.

“(3.) A power or function delegated by the Minister or the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

“(4.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Naval Board, as the case may be.”.

Responsibility and authority of Naval Board.

4. Regulation 5 of the Naval Establishments Regulations is amended by omitting the words “and may, where not inconsistent with these Regulations, determine rates of pay, allowances, leave, and other matters affecting an officer or employee”.

Repeal.

5. Regulations 7, 7a, 10, 11 and 12 of the Naval Establishments Regulations are repealed.

Temporary Officers.

6. Regulation 13 of the Naval Establishments Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.); and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The provisions of regulations 23 and 26 of these Regulations do not apply to a temporary officer.”.

Repeal.

7. Regulations 14 and 15 of the Naval Establishments Regulations are repealed.

Heading to Part III

8. The heading to Part III. of the Naval Establishments Regulations is repealed and the following heading inserted in its stead:—

“Part III.—Duties of Officers and Employees.”.

Repeal.

9. Regulations 16, 17, 18, 19 and 20 of the Naval Establishments Regulations are repealed.


Punishment for offences.

10. Regulation 23 of the Naval Establishments Regulations is amended—

(a) by omitting from paragraph (f) the words “in accordance with regulation 7a of these Regulations” and inserting in their stead the words “upon his appointment as an officer”; and

(b) by omitting paragraph (v) and inserting in its stead the following paragraph:—

“(v) dismiss the officer.”.

Repeal.

11. Regulations 24 and 25 of the Naval Establishments Regulations are repealed.

Sequestration of estate.

12. Regulation 26 of the Naval Establishments Regulations is amended by omitting from sub-regulation (1.) the words “, in addition to compliance with the provisions of regulations 24 and 25,”.

Repeal.

13. Regulations 30, 31, 32, 33 and 38 of the Naval Establishments Regulations are repealed.

Repeal of Parts IV., V. and VI.

14. Parts IV, V. and VI of the Naval Establishments Regulations are repealed.

Repeal.

15. Regulation 103 of the Naval Establishments Regulations is repealed.

Repeal of Schedules.

16. The First, Third and Fourth Schedules to the Naval Establishments Regulations are repealed.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 74, issued under the Naval Defence Act 1910-1968, present amendments to the Naval Establishments Regulations. Enacted by the Governor-General in the context of the Federal Executive Council, the regulations aim to streamline and update the existing framework governing the administration and operations of naval defence establishments. The enactment addresses the need for a more efficient and clearly structured regulatory environment to support the administration of naval defence activities. The policy objective is to ensure that the Naval Defence Act 1910-1968 continues to provide an effective legislative foundation for managing the civil and operational aspects of the naval forces. These regulations include a range of amendments designed to refine definitions, clarify delegations of authority, and remove outdated or redundant provisions. By doing so, the regulations enhance the operational efficiency and administrative clarity of naval defence operations, ensuring they align with contemporary requirements and practices.

Scope and Application

The Statutory Rules 1970 No. 74, made under the Naval Defence Act 1910-1968, primarily govern the administrative and operational aspects of the Royal Australian Navy. This legislative instrument applies to individuals employed in civil capacities within the naval service, including officers, employees, and temporary officers as defined by the Naval Board. The scope of these regulations extends to the entire Commonwealth of Australia, ensuring uniform application across all naval establishments and operations within the country. The regulations cover a wide array of administrative functions, duties of officers and employees, and disciplinary measures, while excluding certain specific provisions previously outlined in repealed regulations. Although the Act itself and the subordinate regulations establish a comprehensive framework, they also allow for further detailing through additional instruments, ensuring flexibility and adaptability in the administration of the naval service.

Key Provisions

The Statutory Rules 1970 No. 74, made under the Naval Defence Act 1910-1968, include several key amendments and repeals to the existing Naval Establishments Regulations. Firstly, the structure of the Regulations is revised by repealing Regulation 3 and inserting a new one that divides the Regulations into distinct parts: Preliminary (Regulations 1-4), Administration (Regulations 4a-13), Duties of Officers and Employees (Regulations 21-42), and Miscellaneous (Regulations 101-102) (Regulation 1). Secondly, the definitions of key terms such as "employee," "officer," "temporary officer," "the Act," "the Naval Board," and "the Secretary" are updated to clarify their scope and application within the context of the Act (Regulation 2). Thirdly, the Regulations allow the Minister and the Naval Board to delegate their powers and functions, except the power of delegation itself, which remains with them and can be revoked at any time (Regulation 4a). The Regulations impose various obligations on the Naval Board, officers, and employees. The Naval Board, for instance, is tasked with determining the classes of employees and officers under the Act and can delegate its powers, subject to the conditions specified (Regulations 2, 4a). Officers and employees must adhere to the duties and responsibilities outlined in the Regulations, and temporary officers are exempt from certain provisions, such as those in Regulations 23 and 26 (Regulation 6). Failure to comply with the Regulations may result in significant consequences. The Regulations provide for the dismissal of officers and the sequestration of estates for non-compliance, underscoring the importance of adherence to the prescribed standards and duties (Regulations 23, 26). Additionally, the repeal of several Regulations and Schedules streamlines the existing framework, removing outdated or redundant provisions to enhance the efficiency and clarity of the regulations governing the Naval Establishments.

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Delegations by Minister and Naval Board
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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.