STATUTORY RULES.
1937. No. 63.
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 ninth day of June, 1937.
(SGD) GOWRIE
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Defence.
Amendment of Naval Establishments Regulations.†
Furlough.
1. Regulation 56 of the Naval Establishments Regulations is amended—
(a) by inserting after the word “absence” in sub-regulation (3) the words “or if the Naval Board, after consideration of all the circumstances, directs that the death of an officer so eligible be presumed”; and
(b) by adding at the end of sub-regulation (3) the words or, in any case where the Naval Board has directed that the death of the officer be presumed, a date determined by the Naval Board.”.
Extended leave on retirement when ineligible for furlough.
2. Regulation 57 of the Naval Establishments Regulations is amended by omitting sub-regulation (4) and inserting in its stead the following sub-regulation:—
“(4) Where, before an officer has completed twenty years’ service in the Commonwealth Service and either before or after he has attained the age of sixty years—
(a) the officer dies; or
(b) the Naval Board, after consideration of all the circumstances, directs that the death of the officer be presumed;
the Naval Board may authorize payment to the dependants of the officer of a sum equivalent to the salary for the period of leave which the officer would have received had he, under sub-regulation (1) of this regulation, been eligible for, and been granted, leave of absence at the date of his death, or, in any case where the Naval Board has directed that the death of the officer be presumed, at a date determined by the Naval Board.”
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1936, No. 107, as amended by Statutory Rules 1937, Nos. 16 and 52.
By Authority: L. F. Johnston Commonwealth Government Printer, Canberra.
2608.—9/25.5.1937.—Price 3d.
Overview
The Naval Defence Act 1910–1934 was enacted to provide for the defence of the Commonwealth of Australia by sea. The Act was intended to address the need for a structured naval force to protect Australia's maritime borders and interests. This legislation was enacted by the Commonwealth Parliament and aimed to ensure that the Royal Australian Navy could effectively safeguard Australia's sovereignty and respond to any threats. The Regulations under this Act, as amended by Statutory Rules 1937, No. 63, focus on the administrative and procedural aspects of naval service, including the provision of furlough and extended leave on retirement, particularly in circumstances where an officer's death is presumed by the Naval Board. The amendments clarify the circumstances under which payments may be made to the dependants of officers who are deemed to have died under service conditions, ensuring that administrative processes align with the overarching objectives of the Act.
Scope and Application
The Statutory Rules 1937 No. 63, made under the Naval Defence Act 1910–1934, specifically amend the Naval Establishments Regulations to adjust the terms and conditions for furlough and extended leave on retirement for officers in the Commonwealth Naval Service. These regulations apply to officers who are part of the Commonwealth Naval Service, specifically addressing scenarios where an officer may be presumed dead by the Naval Board. The regulations are designed to provide clarity and financial support to the dependants of officers under these specific circumstances. This legislative instrument has a national reach as it pertains to Commonwealth legislation and is applicable across the entire country. The exclusions and exemptions within these regulations are limited to the particular conditions under which an officer's death is presumed, as outlined in the amended sub-regulations. The application of these regulations can be further extended or restricted through subordinate instruments as may be necessary.
Key Provisions
The key operative sections of these Regulations, under the Naval Defence Act 1910-1934, amend the Naval Establishments Regulations. Specifically, Regulation 56 (1) now allows for the presumption of an officer’s death by the Naval Board, after considering all circumstances, in addition to the original provision that allowed for leave in cases of absence. Regulation 56 (3) has been further amended to include a date determined by the Naval Board if the death is presumed. Similarly, Regulation 57 (4) now allows for the presumption of an officer's death by the Naval Board, and provides for a payment to the dependants of the officer equivalent to the salary for the leave period they would have received had they been granted leave of absence at the date of death, or a date determined by the Naval Board if the death is presumed.
The obligations and requirements imposed by these Regulations on the parties they govern primarily pertain to the Naval Board. The Naval Board must consider all circumstances in cases where the death of an officer is to be presumed, and must determine a date for the presumed death. Additionally, the Naval Board must authorise payments to the dependants of officers who die before completing twenty years of service in the Commonwealth Service and either before or after they have attained the age of sixty, or in cases where the Naval Board directs that the death of the officer be presumed.
The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the nature of the amendments suggests that failure to properly consider circumstances when presuming an officer’s death, or failure to determine a date for the presumed death, could result in legal or administrative repercussions. Similarly, failure to properly authorise payments to the dependants of officers who die under the specified conditions could also have legal or administrative consequences. The exact nature and severity of these consequences would likely be determined by the Naval Defence Act 1910-1934 and any other relevant legislation or regulations.