Naval Financial Regulations 1926 (Amendment)

Legislation au C1938L00017 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 17 .

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 Regulations, under the Naval Defence Act 1910-1934.

Dated this Ninth day of February,1938

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendment of Naval Financial Regulations. †

Allowances to Officers.

1. Regulation 45 of the Naval Financial Regulations is amended by omitting clause (ii) from sub-paragraph (b), paragraph 1, of sub-regulation (31) and inserting in its stead the following clause:—

	Rate per diem.
“ (ii) When appointed as Observer—	s.	d.
Commander.....................................	3	6
Lieutenant-Commander and lower rank...................	6	0”.

Allowances to Officers.

2. Regulation 46 of the Naval Financial Regulations is amended by inserting after sub-regulation (9) the following new sub-regulation:—

“ (10) London Allowance.—Payable under conditions approved by the Naval Board to Officers stationed in London—

Rank or relative rank.	Rate per annum.
	£	s.	d.
Commander and higher ranks.........................	90	10	0
Lieutenant-Commander and Lieutenant...................	68	0	0
Officers below the rank of Lieutenant....................	45	10	0”.

Special Allowances.

3. Regulation 48 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (10) the rate “ 7d.” and inserting in its stead the rate “ 1s. 0d.”;

(b) by omitting from sub-regulation (30) the rate “2d.” and inserting in its stead the rate “ 3d.”; and

	Rate per diem.
	s.	d.
“ (37a) Meteorology—Assistant to Meteorological Officer.......
	0	3”

* Notified in the Commonwealth Gazette on , 1937.

† 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; and 1937, Nos. 5, 51, and 80.

4. Regulation 64a of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Variations of pay on account of variations in cost of living.

“64a. (1) For the purposes of this regulation the term ‘index number ’ means the weighted average retail price index number for the six State capital cities of the Commonwealth, as shown in the ‘ Court ’ series of retail price index numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration.

(2) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 79.4, rates of pay payable to members of the Auxiliary Services as prescribed by regulation 64 of these Regulations shall, as from the commencement of the first pay-period beginning in the month of July or the month of January (as the case may be) next following, be reduced by the appropriate amount shown in the following table opposite the index number group within which the said index number falls:—

	Index Number Groups.	Amount of Decrease in Pay.
		£
	77.1-79.3......................	3
	74.8-77.0......................	9
	72.5-74.7......................	15
	70.2-72.4......................	21
	67.9-70.1......................	27
	65.6-67.8......................	33
	63.3-65.5......................	39
	61.0- 63.2......................	45

(3) If the index number falls below 61.0 the pay of members of the Auxiliary Services shall be further reduced on the basis indicated in the sub-regulation (2) of this regulation, that is to say, for each fall of 2.3 points in the index number rates of pay shall be reduced by £6 per annum.

(4) Where the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year exceeds 79.3, rates of pay payable to members of the Auxiliary Services as prescribed by regulation 64 of these Regulations shall, as from the commencement of the first pay-period beginning in the month of July or the month of January (as the case may be) next following, be increased by the appropriate amount shown in the following table opposite the index number group within which the said index number falls :—

	Index Number Groups.	Amount of Increase in Pay.
		£
	79.4-81.6......................	3
	81.7-83.9......................	9
	84.0-86.2......................	15
	86.3-88.5......................	21
	88.6-90.8......................	27
	90.9-93.1......................	33
	93.2-95.4......................	39
	95.5-97.7......................	45

(5) If the index number rises above 97.7 the pay of members of the Auxiliary Services shall be further increased on the basis indicated in sub-regulation (4) of this regulation, that is to say, for every rise of 2.3 points in the index number rates of pay shall be increased by £6 per annum.

(6) The amount of £16 per annum shall be added to the pay of each member of the Auxiliary Services payable in pursuance of regulation 64 of these Regulations after variation has been made in accordance with the foregoing provisions of this regulation.

(7) The amount of £16 per annum referred to in sub-regulation (6) of this regulation shall be deemed for all purposes to be pay.

(8) The first adjustment of pay of members of the Auxiliary Services under this regulation shall be made as from the commencement of the first fortnightly pay-period beginning in January, 1938, and shall be based on the index number for the six months ended on the thirtieth day of September, 1937, which shall be deemed to be 70.6.”

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

Overview

Statutory Rules 1938 No. 17, titled "Regulations under the Naval Defence Act 1910-1934," was enacted to amend the existing Naval Financial Regulations, specifically addressing the financial allowances for officers in the naval service. These regulations were introduced to adjust the financial provisions in response to the economic conditions of the time, ensuring that officers' allowances and pay adjustments were aligned with the cost of living. The enacting body for these regulations is the Federal Executive Council, acting on the advice of the Governor-General. The policy objective is to maintain the financial stability of naval officers by implementing adjustments to allowances and pay in accordance with economic indices.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, as set out in Statutory Rules 1938, No. 17, apply to officers within the naval forces of Australia, specifically impacting their financial allowances and pay adjustments. These regulations pertain to officers stationed in various ranks, including Commanders, Lieutenant-Commanders, and other ranks, as well as those assigned to special duties such as meteorology. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. Notably, the regulations provide specific allowances for officers stationed in London and adjustments to allowances based on variations in the cost of living, which are tied to an index number derived from the Commonwealth Court of Conciliation and Arbitration. These regulations do not explicitly state any exclusions or exemptions, and their application is further extended or restricted through subordinate instruments as needed.

Key Provisions

The principal amendments to the Naval Financial Regulations, as provided in Statutory Rules 1938 No. 17, pertain to the allowances for naval officers, special allowances, and variations in pay based on the cost of living. Regulation 45 has been amended to adjust the per diem rates for officers appointed as observers, with commanders now receiving 36 shillings per diem and lieutenant-commanders and those of lower rank receiving 60 shillings per diem (sub-regulation 31(31)(ii)). A new sub-regulation 46(10) has been introduced to allow for a London Allowance for officers stationed in London, which varies based on rank. Regulation 48 has also been amended to change specific rates, such as for meteorological assistants, and includes a new sub-regulation 48(37a) for an allowance of 3 pence per diem for assistants to meteorological officers (sub-regulations 10, 30, and 37a). Regulation 64a has been inserted to adjust the pay of members of the Auxiliary Services based on the cost of living index number, with specific decreases or increases applied depending on the index number range (regulation 64a). The Act imposes several obligations on the relevant parties, including the requirement for officers to be aware of and adhere to the new allowances and rates as specified. The Naval Board must approve conditions under which certain allowances, such as the London Allowance, are payable. Additionally, the Act mandates that adjustments to pay for members of the Auxiliary Services be made in accordance with the cost of living index number, with the first adjustment to be based on the index number for the six months ending on 30 September 1937. The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, any failure to comply with the regulations regarding allowances and pay adjustments could potentially lead to administrative consequences, including financial discrepancies and disputes over entitlements. The precise nature of any penalties or consequences for non-compliance would likely be determined by the broader legislative framework governing the Australian Defence Force and the applicable service regulations.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations

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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.

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