STATUTORY RULES.
1926 No. 154.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
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 1910-1918, to come into operation forthwith, unless otherwise specified herein.
Dated this third day of November, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
C. W. C. MARR,
Acting Minister of State for Defence.
Amendment of Naval Financial Regulations.
(Statutory Rules 1924, No. 34, as amended to present date.)
(Thirteenth Amendment.)
1. Regulation 21, sub-regulation (5), is amended by inserting the words “Warrant Bandmaster, Commissioned Bandmaster” after the words “(old system)”.
2. Regulation 23 is amended as follows:—
1. By inserting in a separate line after the words “Boy Writer (over 17)” the following:—
|
| s. | d. |
“Writer 2nd Class........................ | O.S. | 5 | 6”; and |
2. By inserting in a separate line after the words “Supply Boy (over 17)” the following:—
|
| s. | d. |
“Supply Assistant 2nd Class................. | O.S. | 5 | 6”. |
3. Regulation 37 is amended, as from 1st October, 1926, by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) Kit Upkeep Allowance shall be granted to ratings commencing from date of entry as follows:—
Class I............................ | 10½d. per diem. |
Class II........................... | 8½d. per diem. |
Class III........................... | 10½d. per diem. |
All Band Ratings.................... | 10½d. per diem.” |
4. Regulation 38, sub-regulation (1), is amended, as from 1st October, 1926, by omitting the amounts “£18”, “£17”, “£16” and “£12” and inserting in their stead the amounts “£17”, “£16”, “£15” and “£11 10s.” respectively.
C. 13180.—Price 3d.
5. Regulation 40 is repealed and the following regulation is inserted in its stead:—
40. The Naval Board may approve of compensation in the case of an officer or man who sustains, as a result of a casualty of the Service, loss of, or damage to, necessary articles of uniform clothing and equipment, or books, instruments, or tools required for the proper performance of his duties.
6. Regulation 52 is amended by inserting after sub-regulation (48) the following sub-regulation:—
| s. | d. |
“(48a) Wardmaster.................................. | 0 | 6” |
7. Regulations 78a and 78b are repealed and the following regulation is inserted in their stead:—
78a. (1) Deferred Pay in accordance with the scale prescribed in sub-regulation (9) of this regulation shall be allowed to accumulate to the credit of every officer and man serving in the Permanent Naval Forces (Auxiliary Services) provided that Deferred Pay shall not be credited to an officer who prior to 19th October, 1925, elected to contribute for superannuation benefits under the terms of the Superannuation Act 1922-24 in lieu of Deferred Pay.
(2) Interest at the rate of 3½ per cent. shall be credited annually on the 30th June in each year on the amount of accumulated Deferred Pay (excluding shillings and pence) standing at credit of each member on 30th June of the previous year. Interest added to Deferred Pay Account shall be considered as part of accumulated Deferred Pay and shall bear interest accordingly.
(3) In the event of a member becoming entitled to receive Deferred Pay as prescribed in these Regulations and the amount of accumulated Deferred Pay standing at credit on 30th June prior to the date on which he became entitled to such payment being in respect of not less than twelve months service, interest shall be allowed on such amount (excluding shillings and pence) from 1st July to the end of the month in which payment of Deferred Pay becomes due.
(4) Deferred Pay and accumulated interest will become payable upon final discharge from the Active List of the Auxiliary Services except as provided in sub-regulation (5).
(5) No person who is—
(a) discharged “Run”;
(b) dismissed from His Majesty’s Service with disgrace;
(c) dismissed from His Majesty’s Service;
(d) discharged from the Service as “Services no longer required” or whose services are dispensed with on account of misconduct;
(e) discharged at own request whether by voluntary retirement or resignation; or
(f) invalided from the Service for causes due to misconduct or within his own control,
shall be entitled to any payment under this regulation.
(6) No payment in respect of accumulated Deferred Pay shall be made other than as prescribed in sub-regulation (4) of this regulation, but the Naval Board may, in special circumstances, restore the whole or any portion of the Deferred Pay which, but for the reasons set out in sub-regulation (5) of this regulation, would have been payable.
(7) Deferred Pay shall not be credited in any of the following circumstances:—
(a) during imprisonment or detention (either summarily or by Court Martial);
(b) during imprisonment following conviction by a Civil Court;
(c) during confinement in cells; or
(d) during sick leave granted without pay.
(8) In every case where Active Pay is drawn, Deferred Pay allowed shall be credited. Mulcts for leave breaking or deductions on account of being in 2nd Class for conduct, and sick leave on reduced pay shall not affect Deferred Pay.
(9) The daily rates of Deferred Pay shall be as follows:—
Rating or Relative Rating.
| Rate per diem | |
(a) Petty Officers and Men— | s. | d. |
Chief Petty Officer; Sergeant, Naval Dockyard Police— |
|
|
“on promotion”................................ | 2 | 7 |
Over six years................................. | 2 | 10 |
Petty Officer.................................... | 2 | 3 |
Boatman, 1st Class; Senior Constable, Naval Dockyard Police... | 2 | 3 |
Boatman, 2nd Class; Constable, Naval Dockyard Police (£241 per annum) | 2 | 3 |
Boatman, 3rd Class; Constable, Naval Dockyard Police (£215 per annum) | 2 | 0 |
Boatman, 4th Class; Constable, Naval Dockyard Police (£209 per annum) | l | 9 |
(b) Officers— |
|
|
“Warrant Officer; Sub-Inspector, Naval Dockyard Police....... | 3 | 0 |
Commissioned Officer from Warrant rank— |
|
|
“on promotion”................................ | 3 | 0 |
After 3 years.................................. | 3 | 3 |
Lieutenant promoted from Warrant rank under conditions referred to in regulation 21, sub-regulation (1) | 4 | 0 |
Lieutenant—”on promotion”.......................... | 3 | 0 |
After 4 years.................................. | 3 | 9 |
Lieutenant-Commander—”on promotion”................. | 4 | 6 |
After 3 years.................................. | 5 | 0 |
Commander—” on promotion”........................ | 6 | 0 |
After 3 years.................................. | 7 | 6 |
After 6 years.................................. | 8 | 0 |
Captain—”on promotion”............................ | 9 | 3 |
After 3 years.................................. | 9 | 6 |
(10) The amount of Deferred Pay which may be paid to an officer of the Auxiliary Services who is transferred thereto from the Permanent Naval Forces (Sea-Going) shall not exceed the amount which would have accumulated to his credit had he remained in the Sea-Going Force and attained in such force a rank equivalent to the rank held by him in the Auxiliary Services. The Naval Board shall determine the maximum amount of Deferred Pay payable under this provision.
(11) In any case where the accumulated Deferred Pay, with interest, for which a member may become eligible under the foregoing sub-regulations on discharge on account of having attained the prescribed age for retirement or on account of invalidity or retrenchment is not equivalent to one year’s Active and Deferred Pay at the rate received by the member immediately prior to termination of his service, the Deferred Pay of the member shall be increased by the addition of such sum as will equal the difference between the amount of accumulated Deferred Pay and one year’s Active and Deferred Pay.
(12) For the purposes of this regulation, retrenchment shall be deemed to mean the compulsory termination of the services of a member for the reason that his service or position is not necessary, or for the reason that the work for which he was appointed or engaged is finished, or for the reason that a reduction in numbers borne has been decided upon, provided always that the member has been in the service of the Commonwealth for not less than ten years continuously, immediately prior to termination of his service.
(13) Where an officer or rating had served previously in the Permanent Naval Forces (Sea-Going or Auxiliary Services), the additional Deferred Pay which would otherwise be credited under the provisions of sub-regulation (11) of this regulation, shall be reduced by the amount of Deferred Pay paid in respect of such previous service, and by the amount of any payment made to the Admiralty in respect of the member on account of pension liability, and also by the amount of any payment made to the member or his dependants as an Act of Grace.
(14) In the event of the death of a member while serving, the amount of any payment under this regulation shall be paid to the widow and dependent children in such proportions and under such conditions as the Naval Board may determine. The amount payable in respect of an infant dependent child may be paid on behalf of such child to the widow or such other person as the Naval Board may direct. The receipt of the person to whom payment is made on behalf of an infant dependent child shall constitute an absolute discharge to the Commonwealth in respect of the payment of the amount determined as the proportion payable to such child.
(15) An officer or a rating in receipt of Royal Navy Retired Pay or Long Service Pension appointed to or engaging in the Auxiliary Services shall not be eligible to receive an additional amount of Deferred Pay under the provisions of sub-regulation (11) of this regulation unless he has completed five years’ service in the Permanent Naval Forces (Sea-Going or Auxiliary Services) subsequent to completion of time for R.N. pension.
(16) A member who retired under the Defence Retirement Act 1922, or a person who has been granted any pension or superannuation allowance under the laws of a State or under the terms of the Superannuation Act 1922-24 shall not be eligible to receive an additional amount of Deferred Pay under the provisions of sub-regulation (11) of this regulation.
8. Regulation 97 is amended by adding the following sub-regulation:—
“(10) Ratings dismissed or finally discharged from the Service for any cause other than by purchase or at their own request, may be paid travelling allowance for the journey to the actual place from which they were originally recruited within the Commonwealth or to their Port Division, but the amount advanced for travelling allowance is to be charged against any sums due to the rating.”
9. Regulation 112 is repealed and the following regulation is inserted in its stead:—
112. Ratings dismissed or finally discharged from the Service for any cause other than by purchase or at their own request shall be furnished with travelling warrants to convey them to the actual place where they were originally recruited within the Commonwealth or to their Port Division as they may elect, and, where necessary, warrant for transport of excess baggage within the limits of scale prescribed in regulation 113, sub-regulation (1), provided there is no opportunity of sending them in Government vessels.
10. Regulation 162, sub-regulation (7), is amended by inserting immediately after paragraph (vi) the following new paragraph:—
“(vii) To approve of Requisitions on the Commonwealth Clothing Factory, Melbourne, for Diagonal Serge Suits required for issue on repayment to Cadet Midshipmen.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.