STATUTORY RULES
1968 No.
REGULATION 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 Regulation under the Naval Defence Act 1910-1968.
Dated this nineteenth day of December, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
C. R. KELLY
Minister of State for the Navy.
Amendment of the Naval Establishments (Temporary Provisions) Regulations†
The Naval Establishments (Temporary Provisions) Regulations are amended by adding at the end thereof the following regulation:—
Additional salary payable to Motor Drivers.
“5.—(1.) A person who occupied a position of Motor Driver during the whole or a part of 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 that period if the person had, while he occupied the position, been entitled to be paid annual salary at the following scale of rates in lieu of the appropriate scale of rates specified in the Third Schedule to the Naval Establishments Regulations:—
$2,184-$2,242-$2,300-$2,369.
“(2.) In the last preceding sub-regulation, ‘the relevant period’ means a period from and including the ninth day of May, 1968, to and including the day immediately before the commencement of the Naval Defence Act 1968.”.
* Notified in the Commonwealth Gazette on 23 December 1968.
† Statutory Rules 1968, No. 95, as amended by Statutory Rules 1968, No. 110.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
26530/68—Price 5c 10/9.12.1968
Overview
The Statutory Rules 1968 No. 159, made under the Naval Defence Act 1910-1968, address the issue of ensuring that certain personnel, specifically motor drivers within the naval establishment, receive equitable remuneration during a transitional period. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations amend the Naval Establishments (Temporary Provisions) Regulations to provide additional salary to motor drivers for the period from 9 May 1968 to the commencement of the Naval Defence Act 1968. The underlying policy objective is to adjust the salary scale of motor drivers to ensure they are compensated fairly during this transitional period, reflecting a commitment to equitable pay practices within the naval service.
Scope and Application
The Statutory Rules 1968 No. 159, under the Naval Defence Act 1910-1968, pertains specifically to additional salary provisions for motor drivers within the naval establishments during the relevant period. This regulation applies to individuals who held the position of Motor Driver within the specified timeframe, from 9 May 1968 until the commencement of the Naval Defence Act 1968. These individuals are entitled to additional salary compensation to account for the difference between their actual salary and what they would have earned had they been paid under a different scale of rates. The regulation provides a clear framework for determining the additional salary payable based on the difference between the actual salary and the hypothetical salary at the specified rate. The regulation is a Commonwealth instrument, thus it applies nationally across Australia, ensuring consistency and uniformity in the application of the additional salary provisions.
The regulation also extends its application through subordinate instruments, specifically amending the Naval Establishments (Temporary Provisions) Regulations. This amendment introduces a new provision concerning the additional salary payable to motor drivers, thereby ensuring that this specific group of employees receives appropriate compensation during the relevant period. There are no stated exclusions or exemptions in this particular regulation, and it operates within the jurisdictional reach of the Commonwealth, applying to all relevant motor drivers across Australia.
Key Provisions
The key provision introduced by this statutory rule (regulation) is the entitlement to additional salary for motor drivers within the Naval Defence force. According to regulation 5(1), any person who served as a motor driver during the relevant period, defined as from 9 May 1968 to the day before the commencement of the Naval Defence Act 1968, is entitled to receive additional salary. This additional salary is calculated as the difference between the salary they received under the Naval Establishments Regulations and the salary they would have received if they had been paid under a new scale of rates specified in the regulation (i.e., between $2,184 and $2,369).
This statutory rule imposes certain obligations on the parties it governs. Specifically, it requires the Naval Defence force to review the salaries of motor drivers who served during the relevant period and to determine if they are eligible for the additional salary as outlined in regulation 5(1). If eligible, the force must calculate and pay the additional salary to the affected motor drivers. This ensures that the personnel who served in these roles during the specified period are compensated fairly according to the new scale of rates.
The regulation does not explicitly state any offences, penalties, or consequences for non-compliance. However, failure to adhere to the provisions for calculating and paying the additional salary could potentially lead to legal action by affected motor drivers. This could result in court-ordered payments of the additional salary, along with interest and possibly other costs associated with the legal proceedings. The severity of the consequences would depend on the specific circumstances and the discretion of the court.