STATUTORY RULES.
1926. No. 173.
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 seventeenth day of December, 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.)
(Fourteenth Amendment.)
1. Regulation 39 is repealed.
2. Regulation 42 is repealed and the following regulation is inserted in its stead:—
42. (1) Except as hereunder provided, a rating may, on his discharge from the Sea-going Forces, be permitted to retain his kit.
(2) In the case of a rating who, in accordance with the provisions of regulation 36, was supplied gratuitously on entry or re-entry with uniform kit, or was granted a gratuity in lieu and who is discharged within two years of date of such entry or re-entry, a charge in respect of clothing shall, subject to sub-regulation (7), be made against the rating’s Deferred Pay Account at date of discharge in respect of each full month of the unexpired portion of the two years’ service.
(3) Where the clothing so issued was a full kit, the charge shall be at the rate of £1 10s. per month in the case of Class I. and Class III. ratings, and £1 5s. per month in the case of Class II. ratings. Where, however, the rating concerned has received a reduced kit or gratuity in lieu under regulation 36, sub-regulation (5), the charge shall be at the rate of 15s. per month in the case of Class I. and Class III. ratings, and 12s. 6d. per month in the case of Class II. ratings.
(4) For the purposes of the charges mentioned in sub-regulations (2) and (3), full months shall be calculated from the date of discharge, odd days at the end of the two-year period being disregarded.
C.16808.—Price 3d.
(5) Where the Deferred Pay credit is insufficient to meet the charge, or where the terms of the rating’s discharge involve forfeiture of Deferred Pay, all articles of his compulsory kit and other articles of kit issued gratuitously to him, except such articles as are necessary to meet his immediate requirements, shall be recovered and sold, and the proceeds applied towards liquidation of the debt.
(6) Should the total of any Deferred Pay and the sum realized from sale of kit exceed the Clothing Charge, the balance shall, except as provided in sub-regulation (7), be credited to the rating. In the event, however, of the total referred to being insufficient to meet the Clothing Charge, no deduction shall be made from Active Pay on that account.
(7) The case of a rating discharged for any of the following reasons shall be dealt with in the manner prescribed hereunder:—
(a) “Discharged Dead.”
No Clothing Charge shall be made, but in the case of a rating who, in accordance with the provisions of regulation 36, was supplied gratuitously on entry or re-entry with uniform kit, or was granted a gratuity in lieu, and who is discharged within six months of date of such entry or re-entry, all articles of his compulsory kit and other articles of kit issued gratuitously to him, shall be sold and the proceeds credited to “Revenue”;
(b) “Invalided” as a result of disability not due to his own misconduct, carelessness or neglect.
No Clothing Charge shall be made, but in the case of a rating who, in accordance with the provisions of regulation 36, was supplied gratuitously on entry or re-entry with uniform kit, or was granted a gratuity in lieu, and who is discharged within six months of date of such entry or re-entry, all articles of his compulsory kit and other articles of kit issued gratuitously to him, except such articles as are necessary to meet his immediate requirements, shall be sold and the proceeds credited to “Revenue”;
(c) “Unsuitable”.
(i) Where kit is required to be sold to meet the Clothing Charge, the balance (if any) referred to in sub-regulation (6) shall be credited to “Revenue”;
(ii) Where the amount of Deferred Pay is sufficient to meet the Clothing Charge or where no Clothing Charge arises, all such articles of his kit as are specified in the Uniform Regulations as “strictly uniform” shall be sold and the proceeds credited to “Revenue”;
(d) “Services no longer required”, “Dismissed”, “Dismissed with disgrace”.
(i) Where the kit is required to be sold to meet the Clothing Charge, the balance (if any) referred to in sub-regulation (6) shall be credited to “Revenue”;
(ii) Where no Clothing Charge arises, all such articles of kit as are specified in the Uniform Regulations as “strictly uniform” shall be sold and the proceeds credited to “Revenue”.
(8) A rating about to be discharged “Unsuitable”, “Services no longer required”, “Dismissed” or “Dismissed with disgrace” shall not be permitted to retain any such articles of kit as are specified in the Uniform Regulations as “strictly uniform”.
(9) In the event of a rating being discharged for any of the reasons mentioned in sub-regulation (8) and not being in possession of civilian clothing, he shall be provided at Government expense with such civilian clothing as may be decided by the Naval Board.
3. Regulation 55 is amended by omitting from sub-regulation (3), paragraph (ii), the words “provided that a rating transferred to the Auxiliary Services shall not be paid deferred pay until final discharge from the Auxiliary Services” and inserting in their stead the words “provided that a rating transferred to the Auxiliary Services from the Sea-going Forces shall not receive accrued Deferred Pay until final discharge from the Auxiliary Services, notwithstanding that his engagement in the Sea-going Forces may expire immediately prior to commencement of Service in the Auxiliary Services.”
4. Regulation 69 is amended as follows:—
1. by omitting from sub-regulation (1) the rates of pay for Captain and Commander, and inserting in their stead the following rates:—
Rank or Relative Rank or Rating. | Minimum. | Maximum. | Remarks. |
| £ | £ |
|
Captain...................... | 826 |
|
|
Commander................... | 706 | 784 | Three annual increments of £26. |
2. by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) (a) Except in the case of Naval Dockyard Police, the commencing rate of pay on appointment to the Auxiliary Services shall be determined according to the rank or rating and the seniority last held in the Permanent Naval Forces (Sea-going). In the case of Naval Dockyard Police, the commencing rate shall be determined according to the following scale:—
Substantive Rating last held in Permanent Naval Forces (Sea-going). | Rate of pay on appointment to Naval Dockyard Police. |
| Per Annum. £ |
Chief Petty Officer, Acting Chief Petty Officer, Petty Officer, Acting Petty Officer or equivalent rating | 241 |
Leading Seaman, Acting Leading Seaman or equivalent rating............ | 215 |
Able Seaman or equivalent rating............................... | 209 |
(b) A person engaged as Constable in the Naval Dockyard Police without previous service in the Permanent Naval Forces (Sea-going) shall receive, on first appointment, the minimum rate of pay for Constable.”
5. Regulation 131, sub-regulation (1), is amended as from 1st January, 1927, as follows:—
1. by omitting the words “from venereal disease, or”; and
2. by inserting after the word “disabilities” the words “other than venereal disease”
6. After regulation 131 the following regulation is inserted as from 1st January, 1927:—
131A. (1) A member whilst under treatment for venereal disease shall—
(a) on the first occasion, be placed on half-pay after fourteen days and cease pay after ninety-one days from the date of being placed under treatment;
(b) on the second or any subsequent occasion, be placed on half-pay from the date of being placed under treatment, and cease pay after ninety-one days therefrom.
(2) In the case of a member who after 1st January, 1927, has been under treatment for venereal disease and is again placed under treatment for venereal disease, the Medical Officer shall certify whether the subsequent treatment is on account of a relapse or a new infection, and the case shall be dealt with under paragraph (a) or (b) of sub-regulation (1) in accordance with the Medical Officer’s certificate.
(3) In any such instance where the Medical Officer certifies that the case is a relapse, the member shall be considered as being under continuous treatment, but only the days the member is actually under treatment shall be counted for the purposes of reduced pay or cessation of pay in accordance with the provisions of sub-regulation (1).
(4) In this regulation the meaning of the words “under treatment for venereal disease” shall include all cases of persons suffering from venereal disease, whether sick on shore or on the sick list or attending list, other than—
(a) those to whom a Hurt Certificate has been granted; and
(b) those syphilitic cases considered by the Naval Genito Urinary Specialist as not being in an active condition and as fit for draft to any ship, although such cases may require further periodical treatment.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.