Naval Establishments Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B02437 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No. 32.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

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 1910-1952.

Dated this eleventh

day of April, 1963.

DE L'ISLE

Governor-General.

By His Excellency's Command,

Sgd. J. G. Gorton

Minister of State for the Navy.

Amendments of the Naval Establishments Regulations.

Rates of pay and increments.

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

(a) by omitting items 2, 10, 11, 15, 16, 35, 38, 40, 41, 68, 69 and 106 from the table in sub-regulation (1.);

(b) by omitting items 18, 19, 20 and 21 from the table in sub-regulation (1.) and inserting in their stead the following items:—

" 18

Engineer, Class 2 .....................

2,248-2,548

Three of 100

19

Engineer, Class 3......................

2,698-3,058

Three of 120

20

Engineer, Class 4......................

3,208-3,448

Two of 120

21

Engineer, Class 5......................

3,598-3,858

Two of 130 ";

(c) by omitting item 34 from the table in sub-regulation (1.) and inserting in its stead the following item:—

" 34

Officer-in-Charge, Motor Garage...................

1,628-1,848

Four of 55 ";

(d) by omitting item 43 from the table in sub-regulation (1.) and inserting in its stead the following item:—

" 43

Principal Social Worker .........................

1,628-1,848

Four of 55 ";

(e) by inserting after item 162 in the table in sub-regulation (1.) the following item:—

" 162a

Supervising Examiner..........................

1,346-1,448

Two of 51 ";

and

(f) by adding at the end thereof the following sub-regulation:—

" (8.) Where a female officer or employee who has attained the age of twenty-one years occupies a position (other than a position the designation of which includes the word 'Female'), she shall be paid salary at an annual rate that is £154 less than the rate otherwise applicable under the preceding provisions of this regulation.".

* Notified in the Commonwealth Gazette on 24th April, 1963

† 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; and 1962, Nos. 17 and 98.

11397/62.—Price 3d. 10/22.3.1963.


Cost of conveyance on transfer.

2. Regulation 72 of the Naval Establishments Regulations is amended by inserting at the end thereof the following sub-regulation:—

" (2.) Where an officer or employee who is compulsorily transferred to Canberra—

(a) occupies, in Canberra, a house or flat under a tenancy agreement with the Commonwealth; and

(b) within two years after his transfer occupies, in Canberra, a house that he has built or purchased,

the cost of removing the furniture and household effects from the house or flat referred to in paragraph (a) of this sub-regulation to the house referred to in paragraph (b) of this sub-regulation shall, subject to regulation 73 of these Regulations, be paid by the Department.".

3. After regulation 72 of the Naval Establishments Regulations the following regulations are inserted:—

Removal expenses from Canberra.

" 72a.—(1.) In the case of an officer or employee who, at the date of his compulsory transfer to Canberra, has reached the age of sixty years and who retires or is retired from the Department within five years from that date, there shall be payable to the officer or employee the cost of the conveyance of himself and his family, together with furniture and household effects to the place to which he desires to proceed, but not exceeding in any event the cost of the conveyance of the officer or employee and his family, together with furniture and effects, between Canberra and his former home station.

" (2.) In the event of the death of such an officer or employee within five years of the date of his transfer, the cost of conveyance of his dependants, with furniture and household effects, as provided by the preceding sub-regulation, may be paid by the Department.

Payment of removal expenses on death or retirement of officer.

" 72b.—(1.) Where the family of a deceased person who was an officer or employee resided with him in the locality in which, immediately before his death or retirement, he performed his duties, the Naval Board may, if it thinks fit after having regard to—

(a) the circumstances in which he was appointed, transferred or promoted to that locality;

(b) the nature of the locality;

(c) the time spent by him and his family in that locality; and

(d) any other matters that the Naval Board considers relevant,

authorize the payment to his widow or to a member of his family of the whole or such part as the Naval Board thinks fit of the expenses incurred in the conveyance of herself and her family (if any) or the member of the family and any other members of the family, as the case may be, and of the furniture and household effects of the family from that locality to another place.

"(2.) Where an officer or employee retires or is retired from the Department and his family resided with him in the locality in which immediately before his retirement, he performed his duties, the Naval Board may, if it thinks fit after having regard to—

(a) the circumstances in which he was appointed, transferred or promoted to that locality;

(b) the nature of the locality;


(c) the time spent by him and his family in that locality; and

(d) any other matters that the Naval Board considers relevant,

authorize the payment to him of the whole or such part as the Naval Board sees fit, of the expenses incurred in the conveyance of him and his family (if any) and his furniture and household effects from that locality to the nearest capital city or to such other place as the Naval Board, in any particular case, determines.

"(3.) For the purposes of sub-regulation (1.) of this regulation, an officer or employee who died while on temporary transfer from one locality to another locality shall, if his family continue to reside in the first-mentioned locality, be deemed to have been performing his duties in the first-mentioned locality.".

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Naval Defence Act 1910-1952, as amended, was enacted to regulate the Australian Naval Defence Force and ensure the effective management and administration of naval personnel and establishments. The Act was introduced to address the need for structured regulations governing the pay, conditions, and benefits of naval officers and employees. The enacting body responsible for this legislation was the Australian Parliament. The primary policy objective was to provide a comprehensive legal framework that ensures fair and consistent treatment of naval personnel while maintaining the operational efficiency of the naval defence force. The 1963 Regulations under the Act focused on amending existing pay rates and increments, and introduced provisions for the payment of removal expenses upon the retirement or death of naval officers and employees. These amendments aimed to address issues related to salary adjustments and provide support for personnel during significant life events, such as relocation and retirement.

Scope and Application

The Regulations under the Naval Defence Act 1910-1952 apply to officers and employees of the Naval Department within the Commonwealth of Australia. These regulations cover matters such as amendments to rates of pay and increments for various ranks, including engineers and other specific positions. The regulations also address the payment of removal expenses in the event of compulsory transfers, retirements, or deaths of officers or employees, with particular attention to those who have reached the age of sixty. Notably, the regulations stipulate that female officers and employees who are over twenty-one years of age should be paid a salary that is £154 less than the rate applicable to their male counterparts. The scope of these regulations is confined to the naval personnel and their specific conditions of service as outlined, with no explicit mention of exclusions or exemptions within the provided text. The regulations extend their application through amendments to existing Naval Establishments Regulations, thereby affecting the employment terms and conditions of the specified personnel within the naval sector of the Australian Defence Force.

Key Provisions

The primary operative sections of these Regulations, which amend the Naval Establishments Regulations under the Naval Defence Act 1910-1952, concern the amendment of rates of pay and increments (Regulation 1) and the payment of removal expenses for officers and employees of the Department (Regulations 2, 72a, and 72b). Regulation 1 specifically revises the rates of pay for various ranks and positions, including the omission of certain items from the pay scale and the insertion of new items. Additionally, it introduces a provision whereby female officers or employees over the age of twenty-one, who occupy positions not explicitly designated as "Female", will receive a salary that is £154 less than the applicable rate for their male counterparts. These Regulations impose several obligations and requirements on the parties they govern. Firstly, they establish new rates of pay for various ranks and positions within the Department, which must be adhered to in accordance with the specified amendments. Secondly, they mandate that the Department pay for the cost of moving furniture and household effects when an officer or employee is compulsorily transferred to Canberra and subsequently occupies a house they have built or purchased within two years of their transfer. Thirdly, they require the Department to cover the cost of conveyance for officers or employees who reach the age of sixty and retire or are retired within five years of their compulsory transfer to Canberra, as well as the cost of conveying the dependants of such officers or employees if they die within that period. Lastly, they provide the Naval Board with the discretion to authorise the payment of removal expenses for the families of deceased or retired officers or employees under certain conditions. Failure to comply with the provisions of these Regulations may result in civil consequences for the Department or the Naval Board. For instance, if the Department does not pay for the cost of moving furniture and household effects as mandated under Regulation 2, or if it does not cover the cost of conveyance for eligible officers or employees as stipulated under Regulations 72a and 72b, it may be subject to legal action or penalties as determined by the relevant authorities. Additionally, the Naval Board may face repercussions if it fails to consider the specified factors when deciding whether to authorise the payment of removal expenses for the families of deceased or retired officers or employees. However, the Regulations do not explicitly outline any criminal offences, penalties, or maximum penalties for breaches of their provisions.

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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.