Naval Establishments (Temporary Provisions) Regulations

Legislation au C1968L00095 Regulations Not in force Legislative Instrument

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STATUTORY RULES

 

1968 No.

____________

 

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 fifteenth day of August, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

A.J. Forbes

Minister of State for Health for and on behalf of The Minister of State for the Navy.

________

NAVAL ESTABLISHMENTS (TEMPORARY PROVISIONS)
REGULATIONS

Short title.

1. These Regulations may be cited as the Naval Establishments (Temporary Provisions) Regulations.

Pay for Chart Correctors, &c.

2.—(1.) A person who occupied a position specified in the first column of the following table during the relevant period is, by virtue of this sub-regulation, entitled to be paid additional salary in respect of that period of an amount equal to the amount by which the salary paid or payable to the person in respect of that period under the Naval Establishments Regulations is less than the amount of salary that would have been payable to the person in respect of the relevant period if the person had been entitled to be paid salary at the scale of rates specified in the second column of that table opposite to the designation of that position in the first column in lieu of the appropriate scale of rates specified in the Third Schedule to the Naval Establishments Regulations:—

First column

Second column

Designation of position

Scale of rates

 

$

Chart Corrector...................................

2,323–2,381–2,440–2,498

Senior Chart Corrector..............................

2,905–2,993–3,079

Superintendent (Chart Depot)..........................

3,692–3,809–3,926–4,043–4,160

(2.) In the last preceding sub-regulation, “the relevant period” means a period commencing on or after the sixth day of July, 1967 and ending on or before the day immediately before the commencement of the Naval Defence Act 1968.

* Notified in the Commonwealth Gazette on  1968.

_________________________

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

18068/68—Price 5c 10/12.7.1968

Overview

The Naval Establishments (Temporary Provisions) Regulations 1968 were enacted under the Naval Defence Act 1910-1968 to address the need for temporary adjustments to the pay rates of certain naval personnel during a transitional period in naval legislation. The Regulations were made by the Governor-General in accordance with advice from the Federal Executive Council, and they came into effect to ensure that specific personnel received appropriate compensation during the period when the old regulations were being phased out and new legislation was being implemented. This legislative instrument aimed to provide necessary interim financial adjustments to affected employees until the new act was fully operational. The enactment by the Governor-General on behalf of the Federal Executive Council underscores the importance of the transitional measures in maintaining continuity and fairness within the naval service during legislative changes.

Scope and Application

The Naval Establishments (Temporary Provisions) Regulations 1968, made under the authority of the Naval Defence Act 1910-1968, apply to specific individuals who held certain positions within the naval service during a defined period. These regulations specifically address the issue of salary adjustments for chart correctors, senior chart correctors, and superintendents of chart depots, ensuring they are compensated at the appropriate rates during the transition period from the old to the new Naval Defence Act. This regulation is applicable nationally, within the Commonwealth of Australia, and it provides a clear framework for salary adjustments during the relevant period, which starts from 6th July 1967 and ends just before the Naval Defence Act 1968 comes into effect. The regulation does not explicitly state any exclusions, but it is inherently limited to the specified positions and the given time frame, thereby excluding any other personnel or periods outside these parameters. Any further application or modifications to these regulations may be detailed in subordinate instruments.

Key Provisions

The Naval Establishments (Temporary Provisions) Regulations (1968) lay out specific provisions concerning the compensation of certain personnel within the naval establishment. Section 2(1) of the Regulations stipulates that certain individuals who held specific positions during a defined period are entitled to receive additional salary. This additional payment compensates for the difference between the salary they received and what they would have earned if they had been paid according to a higher scale of rates, as outlined in a specified table within the Regulations. The relevant period for this additional payment runs from 6 July 1967 to the day before the commencement of the Naval Defence Act 1968. These Regulations impose obligations on the relevant personnel, particularly those who held the positions of Chart Corrector, Senior Chart Corrector, and Superintendent (Chart Depot) during the specified period. The personnel must ensure that they are eligible for the additional salary by verifying their positions and the period of employment as outlined in the Regulations. Additionally, the Department responsible for naval administration must process and calculate the additional salary correctly to ensure that each eligible individual receives the appropriate compensation. Failure to comply with the provisions of these Regulations may result in legal consequences. Although the Regulations do not explicitly state penalties for non-compliance, breaches of such statutory rules could potentially lead to legal action under the broader framework of the Naval Defence Act 1910-1968 or other relevant laws. The consequences might include financial restitution to the affected personnel, administrative sanctions, or other legal remedies depending on the specific circumstances and the discretion of the courts or administrative bodies.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Pay for Chart Correctors
Scale of rates

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