STATUTORY RULES.
1942. No. 336.
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 Regulation under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934.
Dated this twenty-fourth day of July, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendment of the Naval Financial Regulations.†
Court martial and disciplinary courts.
Regulation 150 of the Naval Financial Regulations is amended by adding at the end thereof the words “and disciplinary courts”.
* Notified in the Commonwealth Gazette on , 1942.—Sixty-eighth 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.80, 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; and 1942, No. 27, 95, 116, 117 and 284.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942, No. 336 amends the Naval Financial Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934. Enacted by the Governor-General in Council, this regulation aims to address administrative gaps in the existing naval financial regulations by explicitly including disciplinary courts within its scope. This legislative instrument was introduced to ensure comprehensive coverage and oversight of financial matters concerning naval personnel and their disciplinary proceedings. The amendment was made in response to the evolving needs of the Royal Australian Navy during the Second World War, reflecting the necessity for clear and unified regulation of financial and disciplinary aspects within the naval service.
Scope and Application
This statutory instrument pertains to regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, issued by the Governor-General in accordance with the Federal Executive Council's advice. The regulations specifically amend the Naval Financial Regulations by extending the scope of Regulation 150 to include disciplinary courts. These amendments are applicable to personnel within the Australian Defence Force, particularly those under the purview of the Naval Defence Act. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the text of these regulations, but the broader acts under which these regulations are made may contain such provisions. The application of these regulations can be further defined or restricted through subordinate instruments, which may provide additional details or clarifications necessary for implementation.
Key Provisions
This legislative instrument, Statutory Rules 1942, No. 336, amends the Naval Financial Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934. The primary amendment is to Regulation 150, which now includes "disciplinary courts" alongside "court martial" (Reg. 150). This inclusion extends the scope of the regulation to cover proceedings before disciplinary courts, ensuring a consistent approach to financial matters in both court martial and disciplinary court cases.
The obligation imposed by this amendment is that financial regulations applicable to court martials now also apply to disciplinary courts. This means that any financial matters arising in disciplinary court proceedings must adhere to the same rules and procedures as those in court martial cases. The entities governed by this regulation include the Australian Defence Force (ADF) and any military personnel subject to the Naval Financial Regulations.
There are no explicit offences or penalties outlined in this particular legislative instrument for breach of the amended regulation. However, any failure to comply with the financial provisions of the Naval Financial Regulations, whether in a court martial or a disciplinary court, could result in disciplinary action or other consequences as determined by the relevant military authority. The specific penalties for such breaches would be outlined in the broader context of military law and discipline.