Naval Financial Regulations 1926 (Amendment)

Legislation au C1938L00047 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 47.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*

I, THE ADMINISTRATOR of the Government of 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 eighteen day of May, 1938.

Administrator.

By His Excellency’s Command,

Minister of State for Defence.

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Amendment of Naval Financial Regulations.†

Payment of Deferred Pay.

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

(a) by omitting from sub-regulation (2) the word “Interest” (first occurring) and inserting in its stead the words “Except as otherwise provided in this regulation, interest”; and

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

“(10) A Surgeon Lieutenant re-appointed for service under the provisions of sub-regulation (2) of regulation 59 of the Naval Forces Regulations, shall not be eligible to receive payment of a gratuity, but on completion of five years’ service from date of entry a sum of £1,000 shall be credited to a Deferred Pay Account in his name, and this sum shall be deemed to be an accumulation of Deferred Pay under these Regulations. Subsequent to the completion of five years’ service by the officer Deferred Pay shall be credited to him at the rates and under the conditions prescribed in these Regulations.

“(11) Deferred Pay or interest on accumulated Deferred Pay shall not be credited to—

(a) any medical officer appointed to the Permanent Naval Forces (Sea-going) prior to the first day of January, 1923—after he has attained the age of 55 years;

(b) any Surgeon Commander appointed to the Permanent Naval Forces (Sea-going) between the first day of January, 1923, and the first day of April, 1934, both dates inclusive—after he has attained the age of 50 years; or

 

* Notified in the Commonwealth Gazette on  , 1938.

† 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; and 1938, No. 17.

1597.—8/19.4.1938.—Price 3d.


(c) any Surgeon Captain appointed to the Permanent Naval Forces (Sea-going) between the first day of January, 1923, and the first day of April, 1934, both dates inclusive—after he has attained the age of 55 years:

Provided that interest at the rate of 3½ per cent. per annum on the amount of accumulated Deferred Pay standing to the credit of any such officer on the thirtieth day of June immediately prior to his attaining the specified age applicable to his case, shall be allowed from the first day of the month of July preceding the date upon which he attains that age to the end of the month in which he attains that age.”.

Scale of Deferred Pay.

2. Regulation 52 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (3) the words “(exclusive of Medical Officers and Chaplains)” and inserting in their stead the words “other than those included in sub-regulations (4) and (5) of this regulation”; and

(b) by omitting from sub-regulation (4) the words “(Medical Branch)—(Not applicable to Dental Officers)” and inserting in their stead the words “(other than Dental Officers) serving in the Medical Branch on 1st April, 1934”.

Adjustment to be made in certain cases.

3. If at any time prior to the commencement of these regulations Deferred Pay or interest on Deferred Pay has been credited to the Deferred Pay Account of any medical officer in respect of any period after he has attained the age prescribed by sub-regulation (11) of regulation 51 of the Naval Financial Regulations, the account shall be adjusted by debiting an amount equivalent to the amount so credited.

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

Overview

The Statutory Rules 1938 No. 47, Regulations Under the Naval Defence Act 1910-1934, were enacted to amend certain financial regulations within the Australian Naval Defence framework. This legislative instrument was introduced to address specific issues in the payment and accumulation of deferred pay for naval officers, particularly those in the medical branch. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective was to ensure that deferred pay and interest on accumulated deferred pay were managed in a fair and consistent manner across different categories of officers, with particular attention to age-related eligibility criteria.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, made on 18 May 1938, amend the Naval Financial Regulations primarily concerning the payment of deferred pay to certain officers within the Australian Naval Forces. These amendments apply to specific categories of medical officers, namely Surgeon Lieutenants, Surgeon Commanders, and Surgeon Captains, who were appointed to the Permanent Naval Forces (Sea-going) within certain periods and are subject to age restrictions. The regulation addresses the eligibility for deferred pay and interest on accumulated deferred pay, specifying conditions under which such benefits can be denied or adjusted, such as reaching certain ages. The scope of these regulations is national, as they pertain to the federal administration of the Australian Naval Forces. Subordinate instruments may extend or further specify the application of these regulations, though no such instruments are noted in the provided text.

Key Provisions

The key provisions of these Regulations under the Naval Defence Act 1910-1934 primarily amend the Naval Financial Regulations concerning the payment of deferred pay. Regulation 51 is modified to specify that a Surgeon Lieutenant re-appointed under certain provisions will not receive a gratuity but will instead have a sum of £1,000 credited to a Deferred Pay Account after five years of service (Regulation 51(10)). Additionally, deferred pay or interest on accumulated deferred pay will not be credited to certain medical officers after they reach specific ages (Regulation 51(11)). These changes also affect the eligibility of medical officers for deferred pay based on their service dates and ranks. These Regulations impose several obligations on relevant parties. Firstly, they mandate that deferred pay or interest will not be credited to medical officers who have attained certain ages, as outlined in Regulation 51(11). Secondly, any medical officer whose deferred pay account has already been credited with payments after reaching the specified age must have their account adjusted by debiting the credited amount (Regulation 51(11)(c)). Failure to comply with these Regulations may result in financial penalties or other consequences. Although the document does not specify explicit penalties, it implies that non-compliance with the stipulated conditions for deferred pay credits could lead to financial adjustments as per Regulation 51(11)(c). The precise legal or financial repercussions for non-compliance are not detailed in the Regulations themselves.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Deferred Pay

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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.