STATUTORY RULES.
1936. No. 118.
REGULATIONS UNDER 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 Regulation, under the Naval Defence Act 1910-1934.
Dated this second day of September, 1936.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Naval Financial Regulations.†
Regulation 79 of the Naval Financial Regulations is repealed and the following regulation is inserted in its stead:—
Leave Allowance.
“79. When rations in kind are not supplied during periods on leave exceeding 48 hours, a Leave Allowance at the appropriate rate shown hereunder shall be paid in lieu of rations:—
| Rate Per Diem. |
| s. | d. |
Midshipmen (e) undergoing courses at the Royal Naval Engineering College, Keyham | 5 | 0 |
All other members................................... | 2 | 7 |
This allowance shall not be paid in respect of week-end leave.”
* Notified in the Commonwealth Gazette on. , 1936.
† 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; and 1936, Nos. 40, 70, and 77.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4391.—9/21.8.1936.—Price 3d.
Overview
Statutory Rules 1936 No. 118, made under the Naval Defence Act 1910-1934, was enacted to address the need for updated financial regulations within the Royal Australian Navy. This regulation, issued by the Governor-General in Council, amends the Naval Financial Regulations to introduce a new Leave Allowance for naval personnel. Specifically, the regulation addresses the allowance for rations when they are not supplied in kind during leave periods exceeding 48 hours. The policy objective of these amendments is to ensure that naval personnel receive appropriate financial compensation in lieu of rations during extended leave, reflecting the changing needs and circumstances of service members.
Scope and Application
The Regulations Under the Naval Defence Act 1910-1934, specifically Statutory Rules 1936 No. 118, pertain to the financial allowances for members of the Royal Australian Navy during leave periods. These regulations apply to naval personnel, including midshipmen undergoing courses at the Royal Naval Engineering College, Keyham, and other members of the naval forces. The regulation establishes a leave allowance to be paid in lieu of rations when they are not supplied during leave periods exceeding 48 hours, except for weekend leave. The regulation sets a per diem rate of 5 shillings for midshipmen at the Royal Naval Engineering College and 2 shillings and 6 pence for other members. The scope of these regulations is limited to the Commonwealth of Australia, thereby extending federal oversight and application across all states and territories under the jurisdiction of the Naval Defence Act 1910-1934. The exclusion of weekend leave from the allowance suggests specific circumstances under which the allowance is not applicable, further delineating the scope of financial support provided to naval personnel during their leave.
Key Provisions
The Statutory Rules 1936, No. 118, under the Naval Defence Act 1910-1934, primarily focus on amending the Naval Financial Regulations, specifically Regulation 79. The amendment replaces the existing Regulation 79 with a new provision concerning the Leave Allowance for military personnel (regulation 79). This regulation outlines the rates at which this allowance should be paid when rations in kind are not provided during leave periods exceeding 48 hours. For instance, midshipmen undergoing courses at the Royal Naval Engineering College, Keyham, are entitled to a Leave Allowance of 5 shillings per day, whereas all other members receive 2 shillings and 7 pence per day (regulation 79). It is important to note that this allowance does not apply to weekend leave (regulation 79).
The Act imposes specific obligations on the entities it governs, primarily the Defence Force and its members. It mandates that when rations in kind are not supplied during leave periods exceeding 48 hours, the Defence Force must pay the specified Leave Allowance to its members. This obligation ensures that personnel are appropriately compensated for the absence of provided rations during extended leave periods. Moreover, it requires that the Defence Force adheres to the stipulated rates for the Leave Allowance, as detailed in the regulation.
Failure to comply with the provisions outlined in the Act may result in legal consequences. Although the specific offences and penalties are not explicitly stated in the regulation, breaches of military financial regulations could potentially lead to disciplinary actions under military law. These actions might include fines, reductions in rank, or other punitive measures. Additionally, any failure to pay the Leave Allowance as required could be subject to further civil or criminal penalties under general Australian law, although such specifics are not provided within the text of the regulation.