Naval Financial Regulations 1926 (Amendment)

Legislation au C1939L00070 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 70.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939 AND THE NAVAL DEFENCE ACT 1910-1934.*

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 Defence Act 1903-1939 and the Naval Defence Act 1910-1934.

Dated this twenty third day of August, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Naval Financial Regulations.†

Executive Branch.

1. Regulation 15 of the Naval Financial Regulations is amended by inserting at the commencement of the table in sub-regulation (1) the words and figures—

“Cadet Midshipman (Special Entry)...........................0 1 0”.

Outfit gratuities to Sea-going Officers.

2. Regulation 30 of the Naval Financial Regulations is amended by inserting, after the word “A” in sub-regulation (2), the words “Cadet Midshipman (Special Entry) or a”.

3. Regulation 38 of the Naval Financial Regulations is repealed, and the following regulation inserted in its stead:—

Retention of kit on discharge.

“38. (1) Except as provided by this regulation and sub-regulation (3) of regulation 33 of these Regulations, a rating may, on his discharge from the Sea-going Forces, be permitted to retain his kit.

(2) When a rating is discharged for any reason within six months of his entry or re-entry, he shall return to the Commonwealth all articles of compulsory kit and other articles of kit which were issued gratuitously to him or in respect of which he was paid a gratuity.

 

* Notified in the Commonwealth Gazette on , 1939.—Fifty-first amendment.

† Statutory Rules 1926, No. 198 as amended by Statutory Rules 1927, Nos. 23, 59 and 102; 1928, Nos. 18, 49, 87 and 138; 1929, Nos. 35, 64, 90 and 136; 1930, Nos. 30, 88 and 153; 1931, Nos. 52 and 97; 1932, Nos. 32, 33, 78 and 89; 1933, Nos. 5, 50, 100 and 130; 1934; Nos. 32, 44, 58, 108 and 118; 1935, Nos. 6, 27, 86, 110 and 135; 1936; Nos. 40, 70, 77, 118 and 159; 1937, Nos. 5, 51 and 80; 1938, Nos. 17, 47, 66, 92, 116 and 121; and 1939, Nos. 28 and 53.

1233.—9/21.7.1939.—Price 3d.

(3) When, as a result of misconduct or unsuitability, a rating is discharged after he has completed six months’ service, he shall return to the Commonwealth all articles of uniform kit specified in the Standing Orders of the Naval Board as strictly uniform and the articles specified in sub-regulation (4) of this regulation.

(4) A rating discharged within two years of the date of his entry or re-entry shall return to the Commonwealth for further service use the following articles:—

Kit bag,

Hammocks,

Clews and lashings.

Civilian clothing.

(5) In the event of a rating, discharged within the time or in the circumstances specified in sub-regulation (2) or (3) of this regulation, not having an outfit of civilian clothing in his ownership and possession at the date of his discharge, he may, if the total amount to his credit in his active pay account is insufficient to cover the purchase of such clothing, on discharge, be provided at Government expense with such articles of civilian clothing as are deemed necessary by the Naval Board.”.

Payment of Deferred Pay.

4. Regulation 51 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (f) of sub-regulation (4) the word “or”; and

(b) by inserting after paragraph (f) of that sub-regulation the following paragraph:—

(fa) who was supplied gratuitously on his entry or re-entry with a uniform kit, or was granted a gratuity in lieu thereof, and who is discharged (for reasons other than death, reduction in fleet numbers, or infirmity due to causes beyond his control) within two years of his entry or re-entry; or”.

5. Regulation 79 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Leave Allowance.

“79. (1) An officer, a petty officer or a man of the Permanent Naval Forces (Sea-going) may, on occasions of leave exceeding 48 hours during which rations in kind are not supplied to him, be granted a Leave Allowance in accordance with the following table:—

 

Rate per day

 

s.

d.

Cadet Midshipman (Special Entry), while undergoing training in the Royal Navy 

10

0

Midshipman (E) undergoing course at the Royal Naval Engineering College, Keyham 

5

0

Any other member......................................

2

9

(2) An allowance under this regulation shall not be payable in respect of week-end leave or to a Cadet Midshipman (Special Entry) whose home is situated in Great Britain.”.

6. After regulation 92 of the Naval Financial Regulations the following regulations are inserted:—

Candidate travelling to attend interview.

“92a. Where a candidate for appointment as Paymaster Cadet or Cadet Midshipman (Special Entry) is required to proceed from one State to another in order to appear before an Interviewing Committee, he may be allowed the cost of a first-class return journey from and to his home and be paid Travelling Allowance at the rate of 9s. per day in accordance with the conditions, so far as they are applicable, prescribed in regulation 92 of these Regulations.

Shipboard Allowance—Cadet Midshipmen (Special Entry).

“92b. Whilst on passage to England a Cadet Midshipman (Special Entry) may be granted a Shipboard Allowance at such rate and under such conditions as the Naval Board deems reasonable in the circumstances of the particular case.”.

Commencement.

7. Regulations 1, 2, 5 and 6 of these Regulations shall be deemed to have come into operation as from the first day of February, 1939.

 

By Authority: L. F. Johnston, Commonwealth Government Printer Canberra.

Overview

The Statutory Rules 1939 No. 70, enacted under the authority of the Governor-General in accordance with the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, addresses the need for amendments to the Naval Financial Regulations to accommodate changes in naval personnel policies and practices. These regulations were established to ensure that the financial administration of the naval forces is efficient and fair, particularly in the context of cadet midshipmen and other naval personnel. The objective, as implied in the regulations, is to streamline and clarify the financial entitlements and obligations of naval personnel, including cadet midshipmen, in alignment with the evolving needs of the defence forces. The regulations were made with the advice of the Federal Executive Council and are intended to come into effect from the first day of February, 1939.

Scope and Application

This statutory instrument, numbered 1939 No. 70, amends the Naval Financial Regulations under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934. It applies to the personnel of the Sea-going Forces within the Royal Australian Navy, including officers, petty officers, men, Cadet Midshipmen (Special Entry), and Midshipmen undergoing training. The regulations cover financial matters such as outfit gratuities, retention of kit upon discharge, payment of deferred pay, and allowances for leave and travel. The geographic reach of these regulations is national, as they pertain to the Commonwealth of Australia. Some regulations explicitly exclude certain circumstances, such as leave allowances not being payable for weekend leave or to Cadet Midshipmen (Special Entry) residing in Great Britain. The regulations came into effect from 1 February 1939, with some provisions retroactively applying from an earlier date. The application and interpretation of these regulations may be further detailed or modified by subordinate instruments issued under the authority of the Defence Act and the Naval Defence Act.

Key Provisions

The Statutory Rules 1939 No. 70 (C1939L00070) primarily amend the Naval Financial Regulations under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934. The regulations include changes such as inserting Cadet Midshipman (Special Entry) into Regulation 15 (paragraph 1), extending Regulation 30 (paragraph 2) to include Cadet Midshipman (Special Entry), repealing and replacing Regulation 38 (paragraph 3), and amending Regulation 51 (paragraph 4). Additionally, new regulations are introduced, including Regulation 92a regarding travel costs for candidates attending interviews and Regulation 92b concerning shipboard allowances for Cadet Midshipmen (Special Entry) during their passage to England (paragraphs 5 and 6). These regulations impose specific obligations on ratings and other personnel within the Naval Forces. For instance, ratings must return all issued kit and gratuity articles if discharged within certain timeframes, as outlined in Regulation 38 (paragraph 3). Additionally, personnel who were supplied with a uniform kit or granted a gratuity and are discharged within two years must return the kit or receive deferred pay under Regulation 51 (paragraph 4). Officers, petty officers, and men may be granted a Leave Allowance under Regulation 79 (paragraph 1), while candidates for Paymaster Cadet or Cadet Midshipman (Special Entry) may be reimbursed travel costs and granted allowances under Regulations 92a and 92b (paragraphs 5 and 6). Breaches of these regulations may result in civil or criminal consequences. For example, failure to return kit and gratuity articles as specified in Regulation 38 (paragraph 3) may lead to civil penalties or disciplinary actions. Additionally, not adhering to the conditions for Leave Allowance under Regulation 79 (paragraph 1) or improperly claiming travel costs under Regulations 92a and 92b (paragraphs 5 and 6) could result in financial penalties or legal repercussions. The specific penalties are not detailed in the provided text, but non-compliance generally attracts sanctions as prescribed under the governing Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.