Naval Financial Regulations 1926 (Amendment)

Legislation au C1944L00102 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 102.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941 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 1903-1941 and the Naval Defence Act 1910-1934.

Dated this fifth day of July, 1944.

(SGD.) GOWRIE.

Governor-General.

By His Excellencys Command,

(Sgd.) Norman C. Makin.

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations.

Active pay.

1. Regulation 23a of the Naval Financial Regulations is amended by adding at the end thereof the following words and figures:—

Electrical Mechanic and Ordnance Mechanic.

 

s.

d.

Electrical Mechanic and Ordnance Mechanic—

 

 

5th Class........................................

10

5

Acting 4th Class...................................

12

8

4th Class........................................

12

8

3rd Class........................................

13

6

2nd Class.......................................

14

0

Allowances to Officers.

2.—(1) Regulation 45 of the Naval Financial Regulations is amended—

(a) by inserting after sub-regulation (5) the following sub-regulation:—

(5a) The following allowances shall be paid in time of war only, subject to prior approval of the Naval Board, after appointment to sea-going ships for navigating

* Notified in the Commonwealth Gazette on    , 1944.—Seventy-fourth 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; 1939, Nos. 28, 53, 70, 71 and 131; 1940, Nos. 3, 124, 209, 225 and 254; 1941, Nos. 22, 89, 152, 285 and 308; 1942, Nos. 27, 95, 116, 117, 284, 336 and 544; 1943, No. 217; and 1944, Nos. 10 and 37.

3721.—Price 3d.        13/22.6.1944.


duties in lieu of, and while continuing to remain available for appointment as, Specialists in navigating duties—

(a) Navigating (*) Allowance—

(i) on completion of four months sea service on navigating duties and on recommendation of Commanding Officer                              2              0

(ii) on completion of four months sea service on navigating duties after award of the allowance prescribed in sub-paragraph (i) of this paragraph and on recommendation of Commanding Officer                             2              6

(b) Navigating (†*) Allowance—on completion of three years sea service on navigating duties and on recommendation of Commanding Officer.                             4              0;

(b) by inserting after sub-regulation (13c) the following sub-regulation:—

(13d) The following allowances shall be paid in time of war only, subject to prior approval of the Naval Board, after appointment to sea-going ships for navigating duties in lieu of, and while continuing to remain available for appointment as, Specialists in navigating duties—

(a) Navigating (*) Allowance—

(i) on completion of four months’ sea service on navigating duties and on recommendation of Commanding Officer                             2              0

(ii) on completion of four months’ sea service on navigating duties after award of the allowance prescribed in sub-paragraph (i) of this paragraph and on recommendation of Commanding Officer                             2              6

(b) Navigating (†*) Allowance—on completion of three years sea service on navigating duties and on recommendation of Commanding Officer                             4               0;

(c) by inserting after sub-regulation (20) the following sub-regulation:—

(20a) The following allowances shall be paid in time of war only, subject to prior approval of the Naval Board, when specifically appointed to sea-going ships for


navigating duties in lieu of Specialists in navigating duties—

(a) Navigating (*) Allowance—

(i) on completion of four months’ sea service on navigating duties and on recommendation of Commanding Officer                             2              0

(ii) on completion of four months sea service on navigating duties after award of the allowance prescribed in sub-paragraph (i) of this paragraph and on recommendation of Commanding Officer                             2              6

(b) Navigating (†*) Allowance—on completion of three years sea service on navigating duties and on recommendation of Commanding Officer.                             4               0;

and

(d) by inserting after sub-regulation (40) the following sub-regulation:—

(40a) Senior Allowance—Notwithstanding the provisions of sub-regulations (35) and (37) of this regulation, Senior Allowance, in time of war, shall be payable at the following rates to an Engineer Officer when senior of a ship allowed an Engineer Commander (without alternative):—

Rate per diem.

 

s.

d.

(a) In ships complemented for Lieutenant Commander (E)......

2

0

(b) In ships complemented for Lieutenant (E)..............

1

0..

(2) An officer who, during the period from and including the thirtieth day of October, 1942, to the date on which this regulation takes effect, performed navigating duties in lieu of a Specialist in navigating duties, may be paid, subject to his compliance with the conditions prescribed in the Naval Financial Regulations as amended by this regulation, the appropriate rate of Navigating (*) or Navigating (†*) Allowance in respect of the period during which he performed those duties.

Payment of deferred pay.

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

(a) by inserting in sub-regulation (11), before the words Deferred Pay (first occurring), the words Subject to the next succeeding sub-regulation,; and


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

(12.) Notwithstanding anything contained in the last preceding sub-regulation, deferred pay and interest on accumulated deferred pay may be credited to a Medical Officer to whom that sub-regulation applies, who has not at his credit—

 

£

(i) in the case of a Surgeon Commander..............

4,500

(ii) in the case of a Surgeon Captain................

6,500

until the amount at his credit reaches £4,500 or £6,500, as the case may be, and any such officer may, in the event of deferred pay having ceased to be credited to him prior to the date on which this sub-regulation takes effect, be credited with—

(a) the amount of deferred pay and interest thereon with which he would have been credited but for the operation of the last preceding sub-regulation, and

(b) deferred pay and interest on accumulated deferred pay as from the date on which this sub-regulation takes effect,

until the amount at his credit reaches the appropriate sum specified in this sub-regulation:

Provided that, for the purpose of determining the amount at the credit of any officer to whom this sub-regulation applies, any deferred pay which has been paid to him prior to the date of commencement of this sub-regulation, together with compound interest thereon at the prescribed rate calculated from the date of payment to the end of the month immediately preceding the date on which the amount at his credit is to be determined, shall be deemed to be included..

Definition of pay.

4.—(1) Regulation 141 of the Naval Financial Regulations is amended by inserting, in sub-regulation (1), after the first paragraph, the following paragraph:—

In the case of an Officer whose credits of deferred pay ceased prior to retirement from the Active List, deferred pay at the rate which was applicable immediately prior to cessation of credit shall be included when calculating pay in respect of the period of furlough or extended leave which had accrued at the date of such cessation,.

(2) The amendment effected by sub-regulation (1) of this regulation shall be deemed to have taken effect on and from the twenty-fifth day of June, 1943.

 

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

Overview

Statutory Rules 1944, No. 102, Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, were introduced by the Commonwealth of Australia to address financial and administrative issues within the Navy related to active pay, allowances, and deferred pay for officers during wartime. Enacted by the Governor-General in Council, these regulations were intended to provide clarity and consistency in financial matters for naval officers, ensuring that they were appropriately compensated for their duties and services during a time of war. This was particularly important to maintain morale and operational readiness within the Navy.

Scope and Application

The Statutory Rules 1944, No. 102, made under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, pertain to the amendment of the Naval Financial Regulations. This regulation applies to the members of the Royal Australian Navy, specifically to the officers and specialists serving in the naval forces. It pertains to the adjustments in the financial regulations concerning active pay, allowances to officers, and payment of deferred pay. The regulations are applicable across the Commonwealth of Australia and are relevant in times of war. The regulation modifies the existing allowances and pay structures for officers and specialists within the Navy, providing specific rates for different ranks and duties. It does not explicitly mention any exclusions or thresholds but implies certain conditions and qualifications for the allowances and pay, such as the requirement for prior approval by the Naval Board and specific service durations. The regulation can be further extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The main operative sections of these regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934 include amendments to the Naval Financial Regulations, specifically concerning active pay for Electrical Mechanics and Ordnance Mechanics (Regulation 23a), allowances for officers (Regulation 45), and the payment of deferred pay (Regulation 51). Additionally, Regulation 141 has been amended to define the inclusion of deferred pay in calculating an officer's pay. These regulations establish the rates of active pay for various ranks of Electrical Mechanics and Ordnance Mechanics, set out allowances for officers performing navigating duties during wartime, and detail the conditions under which deferred pay and interest may be credited to certain officers. The obligations imposed by these regulations primarily concern the payment of active pay and allowances to eligible personnel, subject to certain conditions and requirements. For instance, officers performing navigating duties in lieu of Specialists in navigating duties during specific periods may be eligible for Navigating Allowances, provided they meet the conditions outlined in the Naval Financial Regulations. Similarly, the payment of deferred pay and interest is subject to the conditions specified in Regulation 51, which also includes provisions for crediting deferred pay to Medical Officers under certain circumstances. Furthermore, Regulation 141 mandates the inclusion of deferred pay in calculating an officer's pay when credits for deferred pay have ceased prior to retirement. Breaches of these regulations may result in various civil or administrative consequences, although the specific penalties are not detailed within the text. The regulations are designed to ensure the proper administration of financial matters related to the Defence and Naval Defence Acts, and non-compliance may lead to disputes or other issues concerning the payment of active pay, allowances, and deferred pay. It is essential for relevant parties to adhere to the provisions outlined in these regulations to avoid any potential repercussions.

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