Naval Financial Regulations 1926 (Amendment)

Legislation au C1940L00124 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 124.

––––––

REGULATIONS UNDER THE DEFENCE ACT 1903-1939 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 1903-1939 and the Naval Defence Act 1910-1934.

Dated this Third

day of July          , 1940

Governor-General.

By His Excellency’s Command,

 

Minister of State for the Navy.

––––––

Amendments of the Naval Financial Regulations. †

Rates of pay—Petty Officers and men (Sea-going).

1. Regulation 23 of the Naval Financial Regulations is amended by adding at the end of sub-regulation (1.) the following words and figures:—

Wireman.

“Wireman—

 

On entry, if under 21 years.........................

7

3

On entry, if age not less than 21 years or on attaining age of 21 years 

7

5

After three years’ service from age of 21 years, or later entry...

7

7

Leading Wireman.................................

8

11

After three years’ service as such.....................

9

3

Leave Allowance.

2. Regulation 79 of the Naval Financial Regulations is amended by omitting from the table in sub-regulation (1.) the figures “2 9” and inserting in their stead the figures “2 10”.

Scale of travelling allowances (Sea-going).

3. Regulation 92 of the Naval Financial Regulations is amended by omitting from sub-regulation (1.) the words and figures—

“Lieutenant.................................

Other Commissioned Officers (including Commissioned Officer from Warrant Rank)             

17

0

14

6

16

0

13

6”

and inserting in their stead the words and figures—

“Lieutenant and Commissioned Officer from Warrant Rank.

17

0

14

6

Commissioned officer of a rank other than those specified in this table  

16

0

13

6”

* Notified in the Commonwealth Gazette on    ,1940.—Fifty-fifth 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 130; 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 181: and 1940, No. 3.

3532.—6/21.6.1940.—Price 3d.

Scale of travelling allowances for Auxiliary Services.

4. Regulation 97 of the Naval Financial Regulations is amended by omitting from the scale in sub-regulation (1.) the words and figures—

“Lieutenant................

Other Commissioned Officers (including Commissioned Officer from Warrant Rank)

17

0

14

6

63

0

40

0

50

0

35

0

 

 

 

 

 

 

 

 

 

 

 

 

16

0

13

6

56

0

37

6

47

0

32

6

and inserting in their stead the words and figures—

“Lieutenant and Commissioned Officer from Warrant Rank 

17

0

14

6

63

0

40

0

50

0

35

0

Commissioned officer of a rank other than those specified in this table

 

 

 

 

 

 

 

 

 

 

 

 

16

0

13

6

56

0

37

6

47

0

32

6”

Sick leave granted by D.N.O. or C.O.

5. Regulation 133 of the Naval Financial Regulations is amended—

(a) by adding at the end of paragraph (a) of sub-regulation (1.) the following proviso:—

“Provided further that, in the case of a member with long service in the sea-going Service continuous with service in the Auxiliary Services, the Naval Board may, if it considers the circumstances of the case so warrant, approve of additional leave on pay, subject to the limitations prescribed in paragraphs (c), (d) and (e) of this sub-regulation, as if the total continuous service of the member had been taken into account in ascertaining his credits and debits of leave in accordance with this regulation”; and

(b) by adding at the end of paragraph (c) of sub-regulation (1.) the following provisoes:—

“Provided that, if, in any case of a member with long service who has exhausted the leave with pay for which he is eligible under the foregoing provisions of this regulation, the Naval Board considers that exceptional treatment is justified, it may, where leave on pay has been exhausted, grant the member additional leave on third pay:

Provided further that the maximum period of leave allowable with pay in respect of any continuous absence through illness shall be fifty-two weeks.”.

6. After regulation 148 of the Naval Financial Regulations the following regulation is inserted:—

Mines—Awards for recovery of &c.

“148a.—(1.) The Naval Board may authorize payment of an award in accordance with the following table for the recovery of a floating mine or for the first report of a mine washed up on shore:—

(a) For the recovery of a floating mine found at a distance of two miles or less from the coast of, and its delivery to a local authority in, Australia             

£

s.

d.

 

 

 

2

0

0


(b) For the recovery of a floating mine found at a distance of more than two miles from the coast of, and its delivery to a local authority in, Australia             

£

s.

d.

 

 

 

5

0

0

(c) For the first report to a local authority of a mine washed up on the shore of Australia. 

1

0

0

(2.) For the purposes of this regulation “a local authority” means—

A Postmaster or postal official in charge of a Post Office; a Justice of the Peace; a member of the Police Force of a State or Territory of the Commonwealth; a Town Clerk, Deputy Town Clerk or Shire Secretary; an officer in charge of a Lighthouse; a Pilot in the service of the Commonwealth or of a State; or a Naval Commissioned Officer in the service of the Commonwealth.

Wiremen in service.

7. Any man who was entered in the Permanent Naval Forces (Seagoing) in the rating of Wireman and served as a Wireman for any period prior to the date upon which regulation 1 of these Regulations come into operation may, in respect of that period of service, be paid at the rate prescribed by regulation 23 of the Naval Financial Regulations, as amended by regulation 1 of these Regulations.

Adjustments of payments of Leave Allowance.

8. If, in respect of the period from and including the twenty-third day of August, 1939, to the date upon which regulation 2 of these Regulations came into operation, any payment of Leave Allowance has been made at a rate which is less than the rate prescribed by regulation 79 of the Naval Financial Regulations, as amended by regulation 2 of these Regulations, the payment so made shall be adjusted by payment to the member concerned of the difference between the rate of allowance paid and the rate prescribed by that regulation, as so amended.

 

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

Overview

The Statutory Rules 1940, No. 124, titled "Regulations under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934", were enacted by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument addresses the need to adjust financial regulations concerning personnel in the naval forces, particularly in response to service conditions during wartime. The amendments include changes to rates of pay for petty officers and men, leave allowances, and travelling allowances for both sea-going personnel and auxiliary services. The policy objective appears to be ensuring that naval personnel receive fair and updated compensation reflective of their service conditions and contributions. The intent is to maintain morale and efficiency within the naval forces by providing updated financial provisions.

Scope and Application

The Statutory Rules of 1940, No. 124, made under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, primarily concern amendments to the Naval Financial Regulations. These amendments apply to personnel within the Australian Naval Forces, specifically affecting the rates of pay, leave allowances, and travel allowances for various ranks, including petty officers, sea-going personnel, and commissioned officers. The scope of this legislation is limited to financial matters within the Navy, and it does not extend to other branches of the Australian Defence Force or civilian personnel. It operates on a national level within the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, but it is understood that the regulations would apply to all eligible personnel within the scope of the Naval Financial Regulations. The application of this legislation may be extended or modified through further subordinate instruments, which could include additional amendments or clarifications to the Naval Financial Regulations.

Key Provisions

The statutory rules (C1940L00124) made under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934 primarily amend the Naval Financial Regulations to adjust rates of pay and allowances for naval personnel. The key changes include updated pay rates for Petty Officers and men, specifically Wiremen, based on their age and length of service (Regulation 2), and adjustments to the Leave Allowance (Regulation 79). The scale of travelling allowances for sea-going personnel and auxiliary services is also revised (Regulations 92 and 97). Additionally, provisions are introduced for granting sick leave to members with long service in both sea-going and auxiliary services (Regulation 133), and new awards are established for the recovery of floating mines and reporting washed-up mines (Regulation 148a). Furthermore, there are provisions for back-pay adjustments for Wiremen who served before the new regulations took effect (Regulation 7) and adjustments to Leave Allowance payments made prior to the new rates being established (Regulation 8). The obligations imposed by these regulations primarily concern the Naval Board's responsibility to ensure that personnel are compensated appropriately according to the updated rates and allowances. The Naval Board must also consider exceptional cases for granting additional leave on pay or third pay to members who have exhausted their regular leave entitlements. The regulations mandate the Naval Board to adjust any underpayments of Leave Allowance made before the new rates were implemented. Additionally, the regulations outline the criteria for awarding payments for the recovery of floating mines or reporting washed-up mines, and require that these be reported to specified local authorities. Violations of these regulations, if any, could potentially lead to civil consequences, particularly if the Naval Board fails to adhere to the prescribed rates and allowances or to adjust underpayments as required. The regulations do not explicitly outline criminal penalties for breaches but imply that non-compliance with financial obligations could result in legal action. The maximum penalties, if applicable, would depend on the specific nature of the breach and could involve fines or other civil remedies as prescribed under the broader Defence Act 1903-1939 and the Naval Defence Act 1910-1934.

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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.