Naval Financial (Citizen Forces) Regulations (Amendment)

Legislation au C1964L00145 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1964. No. 145.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1964.*

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 1910-1964.

Dated this  twenty-sixth

day of  November , 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

F. CHANEY

Minister of State for the Navy.

Amendments of the Naval Financial (Citizen Forces) Regulations.†

Rates of pay officers.

1. Regulation 8 of the Naval Financial (Citizen Forces) Regulations is amended—

(a) by omitting the words “The daily rate” and inserting in their stead the words “Subject to this regulation, the daily rate”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) The daily rate of active pay payable to an officer of the Special Duties List, being an officer who was such an officer on the thirtieth day of June, 1964, is—

(a) the daily rate of active pay specified in the First Schedule to these Regulations in relation to his rank; or

(b) the sum of the daily rate of active pay payable to an officer of the like rank in respect of service in the Citizen Naval Forces on the thirtieth day of June, 1964, and Three shillings and fourpence,

whichever is the greater.

* Notified in the Commonwealth Gazette on 3rd December, 1964.

† Statutory Rules 1961, No. 43, as amended by Statutory Rules 1961, No. 97; 1962, Nos. 18 and 81; 1963, Nos. 2, 73, 89 and 121; and 1964, No. 6.

10127/64.—Price. 1s  9/3.11.1964.


“(4.) Where an amount equal to the daily rate of active pay of an officer of the Citizen Naval Forces who was appointed an officer on or after the first day of July, 1964, and was a man of the Citizen Naval Forces immediately before being so appointed when aggregated with any flying pay payable to him under regulation 24 of the Naval Financial Regulations in its application to the Citizen Naval Forces would, but for this sub-regulation, be less than the daily rate of active pay payable to a man holding the like rating as the officer held immediately before he was appointed an officer, the daily rate of active pay of the officer is the daily rate of active pay payable to such a man.”.

Rates of payment.

2. Regulation 9 of the Naval Financial (Citizen Forces) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The daily rate of active pay payable to a man of the Citizen Naval Forces in accordance with the last preceding sub-regulation is, by virtue of this sub-regulation, increased by Four shillings per day.”.

3. After Regulation 20 of the Naval Financial (Citizen Forces) Regulations the following regulation is inserted:—

Flying pay.

20a. The allowance called ‘flying pay’, provided for by regulation 24 of the Naval Financial Regulations, in its application to the Citizen Naval Forces, is not payable to an officer of the Citizen Naval Forces whose rate of active pay is the rate payable in accordance with sub-regulation (4.) of regulation 8 of these Regulations.”.

4. Regulation 21a of the Naval Financial (Citizen Forces) Regulations is repealed and the following regulation inserted in its stead:—

Special allowance for medical officers and dental officers.

21a.—(1.) An officer of the Medical Branch or of the Dental Branch of the Citizen Naval Forces is not entitled to payment of the allowance provided for in regulation 11 of the Naval Financial Regulations.

“(2.) An officer of the Medical Branch or of the Dental Branch of the Citizen Naval Forces is entitled, in respect of periods of continuous or part-time training, to a special allowance at the rate specified, in relation to his rank, in the following table:—

Rank.

Rate per day.

 

£

s.

d.

Surgeon Lieutenant or Surgeon Lieutenant (D.) ...........................

1

10

5

Surgeon Lieutenant-Commander or Surgeon Lieutenant-Commander (D.) ..........

 

16

9

Surgeon Commander or Surgeon Commander (D.) .........................

 

19

5

Surgeon Captain or Surgeon Captain (D.) ...............................

1

9

4


“(3.) In the application of the last preceding sub-regulation, an officer shall be credited, in respect of each day on which he performs part-time training for a period of not less than two hours—

(a) if the period of part-time training is not less than six hours—with one day’s special allowance under that sub-regulation;

(b) if the period of part-time training is less than six hours but not less than three hours—with one-half of one day’s special allowance under that sub-regulation; or

(c) in any other case—with one-third of one day’s special allowance under that sub-regulation.”.

First and Second Schedules.

5. The First and Second Schedules to the Naval Financial (Citizen Forces) Regulations are repealed and the following schedules inserted in their stead:—

FIRST SCHEDULE.

Regulation 8.

Rates of Active PayOfficers of the Citizen Naval Forces.

Part 1.—General, Special Duties and Supplementary Lists, Instructor, Naval Ordnance Design and Inspection and Medical and Dental Branches.

Rank.

Rate per day.

 

£

s.

d.

Midshipman ...................................................

2

1

3

Acting Sub-Lieutenant ............................................

3

4

2

Sub-Lieutenant or Sub-Lieutenant (S.D.) ................................

3

13

4

Lieutenant or Lieutenant (S.D.) other than Surgeon Lieutenant and Surgeon Lieutenant (D.)  ..

4

9

11

Surgeon Lieutenant and Surgeon Lieutenant (D.) ...........................

5

3

9

Lieutenant Commander or Lieutenant Commander (S.D.) .....................

7

1

7

Commander or Commander (S.D.) ....................................

8

14

5

Captain ......................................................

9

17

5

Part 2.—Chaplains.

Rank.

Rate per day.

 

£

s.

d.

Chaplain .....................................................

4

11

2

SECOND SCHEDULE.

Regulation 9.

Rates of Active PayMen of the Citizen Naval Forces.

Part 1.—Seaman Branch, Regulating Branch, Communications Branch, Engineering Mechanic Branch, Writer Branch, Stores Branch, Sick Berth Branch, Musician Branch, Butcher Branch, Sailmaker Branch, Cook Branch, Steward Branch, Naval Air Mechanic Branch, Naval Airman Branch, Naval Airman Fitter Branch, Printer Branch, Electrical Branch or Dental Assistant Branch.


Second Schedulecontinued.

Part 1—continued.

Rating or relative rating.

Rate per day.

 

£

s.

d.

Recruit (Seaman) ...............................................

2

1

3

Ordinary Seaman ...............................................

2

1

3

Able Seaman ..................................................

2

7

3

Leading Seaman ................................................

2

14

7

Petty Officer ..................................................

3

2

7

Chief Petty Officer ..............................................

3

12

0

Part 2.—Engine Room Artificer Branch, Electrical Artificer Branch, Systems Artificer Branch, Ordnance Artificer Branch, Aircraft Artificer Branch or the Naval Shipwright Branch.

Rating.

Rate per day.

 

£

s.

d.

Recruit (Artificer Third Class) ......................................

2

10

3

Artificer Third Class ............................................

2

10

3

Recruit (Acting Artificer Second Class) ...............................

2

19

8

Acting Artificer Second Class ......................................

2

19

8

Artificer Second Class...........................................

2

19

8

Artificer First Class—

 

 

 

If holding the rating of Artificer Second Class on 31st December, 1963 .........

3

9

2

If holding the rating of Artificer First Class on 31st December, 1963 ...........

3

12

2

In any other case .............................................

3

6

3

Chief Artificer ................................................

3

15

1

Part 3.—Mechanician Branch or Aircraft Mechanician Branch.

Rating.

Rate per day.

 

£

s.

d.

Acting Mechanician Second Class ...................................

3

2

7

Mechanician Second Class ........................................

3

2

7

Mechanician First Class ..........................................

3

6

3

Chief Mechanician .............................................

3

15

1

Part 4.—Blacksmith Branch, Plumber Branch, Painter Branch, Joiner Branch, Motor Mechanic Branch or Dental Mechanic Branch.

Rating.

Rate per day.

 

£

s.

d.

Recruit (Artisan Third Class) ......................................

2

7

3

Artisan Third Class .............................................

2

7

3

Recruit (Acting Artisan Second Class) ................................

2

13

3

Acting Artisan Second Class .......................................

2

13

3

Artisan Second Class ............................................

2

13

3

Artisan First Class—

 

 

 

If holding the rating of Artisan Second Class on 31st December, 1963 ..........

3

2

7

If holding the rating of Artisan First Class on 31st December, 1963 ............

3

5

11

In any other case .............................................

2

18

3

Chief Artisan .................................................

3

12

0

 


Second Schedulecontinued.

Part 5.—Aircrew Branch.

Rating.

Rate per day.

 

£

s.

d.

Pilot or Observer Second Class .....................................

3

15

6

Pilot or Observer First Class .......................................

4

2

0

Part 6.—Constable of the Naval Dockyard Police who entered at a time specified in, and otherwise in accordance with, sub-regulation (1.) of regulation 36 of the Naval Financial Regulations.

Rating.

Rate per day.

 

£

s.

d.

Constable ...................................................

2

7

3

Part 7.—Member of the Naval Dockyard Police who entered at a time specified in, and otherwise in accordance with, sub-regulation (1.) of regulation 37 of the Naval Financial Regulations.

Rating.

Rate per day.

 

£

s.

d.

Constable ...................................................

2

14

7

Sergeant Second Class ...........................................

3

12

0

Sergeant First Class.............................................

3

13

6

Application.

6.—(1.) Subject to this regulation, the amendments of the Naval Financial (Citizen Forces) Regulations effected by regulations 1, 2 and 5 of these Regulations apply in relation to service in the Citizen Naval Forces on and after the first day of July, 1964.

(2.) The amendment of the Naval Financial (Citizen Forces) Regulations effected by regulation 5 of these Regulations does not apply, by virtue of the last preceding sub-regulation, in respect of any service of an officer as an officer of the Medical Branch or the Dental Branch of the Citizen Naval Forces before the commencement of this regulation.

(3.) The rate of active pay that would, but for this sub-regulation, be the rate of active pay for an officer of the Medical Branch or the Dental Branch of the Citizen Naval Forces in respect of service on a day in the period from and including the first day of July, 1964, to and including the day immediately before the commencement of this regulation is increased by the amount by which the sum of the active pay of the officer in respect of that day under the Naval Financial (Citizen Forces) Regulations as in force on that day and the allowance payable in respect of that day by virtue of regulation 11 of the Naval Financial Regulations as in force on that day in its application to the Citizen Naval Forces is less than the officer would have been entitled to receive in respect of that day by way of active pay and allowance under regulation 21a of these Regulations if the amendments effected by these Regulations had been in force on that day.


(4.) The amendment of the Naval Financial (Citizen Forces) Regulations effected by regulation 5 of these Regulations does not apply, by virtue of sub-regulation (1.) of this regulation, in respect of any service of a man, before the commencement of these Regulations, as a man of a branch specified in Part 2 or Part 4 of the Schedule inserted in those Regulations by regulation 5 of these Regulations.

(5.) The daily rate of active pay of a man in respect of any service as a man of a branch referred to in the last preceding sub-regulation during the period from and including the first day of July, 1964, to and including the day immediately before the commencement of these Regulations, is, by force of this sub-regulation, increased by Three shillings and fourpence.

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

Overview

The Statutory Rules 1964 No. 145, made under the Naval Defence Act 1910-1964, were introduced to address the need for amendments to the Naval Financial (Citizen Forces) Regulations, specifically concerning the rates of pay and allowances for officers and men in the Citizen Naval Forces. Enacted by the Governor-General in Council, the regulations aim to adjust and update the financial provisions for these personnel. The regulations include amendments to the rates of active pay for officers, adjustments to the daily rates of active pay for men, modifications to flying pay, and the introduction of special allowances for medical and dental officers. These changes are intended to align the compensation structures with contemporary standards and needs, ensuring fair and adequate remuneration for those serving in the Citizen Naval Forces.

Scope and Application

The Naval Defence Act 1910-1964, as amended by the Statutory Rules of 1964, No. 145, pertains specifically to the financial regulations governing the Citizen Naval Forces. The Act applies to officers and men of the Citizen Naval Forces, including those in various branches such as the Medical and Dental Branches, Seamen, Artificers, and others, as detailed in the First and Second Schedules. The regulations, which took effect from 1 July 1964, encompass adjustments to rates of active pay, special allowances for medical and dental officers, and the cessation of certain allowances such as flying pay for Citizen Naval Forces officers. The scope of the Act is confined to the Commonwealth of Australia and it does not extend to other territories or states. Certain exclusions apply, particularly regarding the retrospective application of the amendments to service performed before the commencement of the regulations. The Act also provides for the application of the amendments through subordinate instruments, thereby extending or restricting the application as necessary.

Key Provisions

The primary operative sections of these regulations amend the Naval Financial (Citizen Forces) Regulations, primarily by altering rates of pay for officers and men in the Citizen Naval Forces. Specifically, Regulation 8 modifies the daily rate of active pay for officers, including those on the Special Duties List and those appointed on or after 1 July 1964 (Regulation 8(3) and (4)). Regulation 9 increases the daily rate of active pay for men in the Citizen Naval Forces by four shillings per day (Regulation 9(2)). Regulation 20a excludes certain officers from receiving flying pay (Regulation 20a). Regulation 21a replaces the allowance for medical and dental officers with a special allowance for periods of training, depending on the length of training (Regulation 21a(1)-(3)). The First and Second Schedules list updated rates of active pay for officers and men across various ranks and ratings (Regulations 5 and 6). These regulations impose several obligations and requirements on the parties they govern. Officers and men in the Citizen Naval Forces must comply with the updated rates of pay as specified in the amended regulations and schedules. The regulations also specify that certain allowances, such as flying pay for certain officers and allowances for medical and dental officers, no longer apply and have been replaced with new provisions. These changes necessitate adjustments in the administration of pay and allowances within the Citizen Naval Forces. The regulations do not explicitly mention offences, penalties, or consequences for breach. However, non-compliance with the provisions regarding pay rates and allowances could potentially lead to disputes over remuneration, which may be resolved through internal review processes or legal action. The exact consequences of non-compliance would depend on the specific circumstances and the applicable laws governing employment and military service at the time.

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Area of Law
Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Rates of Pay Officers
Flying Pay

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