Naval Financial Regulations 1926 (Amendment)

Legislation au C1936L00159 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1936. No. 159.

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 Second day of December, 1936.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendment of Naval Financial Regulations.†

1. Regulation 18 of the Naval Financial Regulations is repealed and the following regulation is inserted in its stead:—

Dental Branch.

“18.—(1) Except as provided in sub-regulation (2) of this regulation, the following shall be the daily rates of Active Pay for officers of the Dental Branch:—

Rank.	Rate per diem.
	£	s.	d.
Surgeon Lieutenant (D) “on entry”.............................	1	8	0
after 3 years........................................	1	10	0
Surgeon Lieutenant-Commander (D) “on promotion”................	1	13	0
after 3 years........................................	1	15	0
after 6 years........................................	1	18	0
after 9 years........................................	2	1	0
Surgeon Commander (D) “on promotion”........................	2	4	0
after 3 years........................................	2	8	0
after 6 years........................................	2	12	0
after 9 years........................................	2	16	0

* Notified in the Commonwealth Gazette on , 1936.

† 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; and 1936, Nos. 40, 70, 77 and 118.

5020.—9/9.11.1936.—Price 3d.

(2) An officer of the Dental Branch who, immediately prior to the commencement of this regulation, was eligible under regulations then in force to receive a higher rate of Active Pay than the rate appropriate to his rank and seniority under this regulation, may continue to be paid such higher rate until he shall have become entitled, either upon promotion or upon attaining increased seniority, to receive an increased rate under the provisions of sub-regulation (1) of this regulation.”

Allowances to Officers.

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

(a) by inserting, after paragraph 1(b) of sub-regulation (31), the following new sub-paragraph:—

	s.	d.
“(c) While appointed for operational duties on the staff of a Flag Officer with aircraft under his command	2	6”

(b) by omitting sub-regulation (49).

Special allowances.

3. Regulation 48 of the Naval Financial Regulations is amended by inserting, after sub-regulation (57b), the following new sub-regulation:—

No.	Allowance.	Rate per day.
“(57c)......	Telegraphist ratings—
	Special duty allowance....................	3d.”

Deferred pay.

4. Regulation 74 of the Naval Financial Regulations is amended by omitting sub-regulation (9) and inserting in its stead the following sub-regulation:—

“(9) The daily rates of Deferred Pay shall be as follows:—

Rating or Position.

					Rate per diem.
					s.	d.
(a) Petty Officers and Men—
Chief Petty Officer....................
Sergeant 1st Class, Naval Dockyard Police....	.........................................				2	7
Chief Petty Officer....................
Sergeant 1st Class, Naval Dockyard Police ....				after 6 years	2	10
Sergeant 2nd Class, Naval Dockyard Police.......................					2	3
Sergeant 2nd Class, Naval Dockyard Police—after 2 years.............					2	7
Petty Officer............................................					2	3
Boatman 1st Class........................................					2	3
Boatman 2nd Class....................
Constable, Naval Dockyard Police (£241 per annum and) over)		…………………………			2	3
Boatman 3rd Class....................
Constable, Naval Dockyard Police (£215 per annum)			…………………………		2	0
Boatman 4th Class....................
Constable, Naval Dockyard Police (£209 per annum)	…………………………...				1	9

Rank or Appointment.

	Rate per diem
		s.	d.
(b) Officers—
Warrant Officer...........................	………………	3	0
Sub-Inspector, Naval Dockyard Police............	………………	3	0
Sub-Inspector, Naval Dockyard Police—after 13 years..		3	3
Commissioned Officer from Warrant rank..........		3	0
Commissioned Officer from Warrant rank—after 3 years		3	3
Lieutenant promoted from Warrant rank...........		4	0
Lieutenant...............................		3	0
Lieutenant—after 4 years.....................		3	9
Lieutenant-Commander......................	………………	4	6
Assistant Inspector of Naval Ordnance............	………………	4	6
Lieutenant-Commander......................	after 3 years	5	0
Assistant Inspector of Naval Ordnance............	after 3 years	5	0
Commander..............................	………………	6	0
Deputy Inspector of Naval Ordnance..............
Assistant Inspector of Naval Ordnance, if of rank of Commander on appointment
Commander..............................	after 3 years	7	6
Deputy Inspector of Naval Ordnance..............
Assistant Inspector of Naval Ordnance, if of rank of Commander on appointment
Commander..............................	after 6 years	8	0
Deputy Inspector of Naval Ordnance..............
Assistant Inspector of Naval Ordnance, if of rank of Commander on appointment
Captain..............................................		9	3
Captain—after 3 years....................................		9	6

The rates of Deferred Pay provided in the above scale for ranks and ratings of the Executive Branch shall apply to the corresponding ranks and ratings in other Branches.

In determining the rate of Deferred Pay to be credited to a member in respect of his rank or rating in the Auxiliary Services, his seniority in such rank or rating in the Permanent Naval Forces (Seagoing) may be taken into consideration.

In determining the rate of Deferred Pay to be credited to a Deputy Inspector of Naval Ordnance or to an Assistant Inspector of Naval Ordnance, seniority as a Commander or Lieutenant-Commander in the Permanent Naval Forces (Seagoing) may be taken into consideration.”

5. Regulation 141 of the Naval Financial Regulations is repealed and the following regulation is inserted in its stead:—

Definition of Pay.

“141.—(1) As regards members of the Permanent Naval Forces Seagoing, the following emoluments only shall be considered as pay for the purposes of furlough under regulation 139 or extended leave under regulation 140 of these Regulations, provided that such members are eligible to receive such emoluments:—

(a) Active Pay.

(b) Deferred Pay.

(d) Allowances for special qualifications.

(e) Victualling Allowance.

(f) Kit Upkeep Allowance.

(g) Marriage Allowance.

(h) Dependant Allowance.

The allowances under paragraph (d) shall be included, when calculating pay, only for members actually entitled under these Regulations to receive such allowances by reason of qualifications held. Victualling Allowance under paragraph (e) represents the daily allowance for rations fixed from time to time, to be allowed under the general messing system.

As regards members of the Auxiliary Services, the following emoluments shall, subject to the provisions of sub-regulation (5), be considered as pay for purposes of furlough or extended leave:—

(a) Active Pay.

(b) Deferred Pay.

(d) Kit Upkeep Allowance.

(2) Except as provided in sub-regulations (3), (4) and (5) of this regulation, when payment of a lump sum is granted in lieu of furlough or extended leave, the applicable emoluments referred to in sub-regulation (1) of this regulation shall be included in the payment in respect of the whole period of leave at the rate which the member was entitled to receive at the date of termination of his appointment.

(3) In the case of a member who, for any reason, is not in receipt of the full rate of pay at the date of termination of his appointment, the emoluments referred to in sub-regulation (1) of this regulation may be taken into account, when determining a lump sum payment in lieu of furlough or extended leave, at the full rate of such emoluments which, but for such reason, the member would have been entitled to receive.

(4) In the case of an officer placed on half pay as prescribed in the Naval Forces Regulations, immediately prior to retirement, the rate of pay for the purposes of payment of a lump sum in lieu of furlough or extended leave shall be the rate which the officer was entitled to receive immediately prior to his transfer from the full pay list to the half pay list, but the payment shall not be made until the officer is retired from the Active List.

(5) In the case of a member of the Auxiliary Services, Deferred Pay shall not be taken into account when determining any lump sum payment in lieu of furlough or extended leave.”

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

Overview

The Statutory Rules of 1936, No. 159, made under the Naval Defence Act 1910–1934, address gaps in the financial regulations governing the Australian Naval Forces. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations are designed to update and refine the financial structure of the naval service. The primary policy objective is to ensure that officers and ratings within the naval forces receive fair and consistent remuneration aligned with their roles and responsibilities. These amendments include updates to daily rates of pay for officers of the Dental Branch, allowances for officers on operational duties, special allowances for telegraphist ratings, and the rates of deferred pay. By providing a comprehensive framework for financial entitlements, these regulations aim to maintain the morale and operational efficiency of the naval personnel.

Scope and Application

The Statutory Rules of 1936, No. 159, consist of regulations made under the Naval Defence Act 1910–1934, governing financial matters within the Australian Naval Forces. These regulations apply to officers and personnel of the Dental Branch, operational staff of Flag Officers, telegraphist ratings, and various other ranks and positions within the Navy, including those in the Auxiliary Services. The provisions concern daily rates of active pay, allowances, deferred pay, and the definition of pay for the purposes of furlough or extended leave. Notably, the regulations specify different pay scales and allowances based on rank, seniority, and specific duties, while also detailing how deferred pay and other emoluments are to be calculated when a lump sum is granted in lieu of leave. This legislation does not explicitly state exclusions or thresholds but rather provides detailed rules and allowances for various ranks and situations within the Navy, ensuring clear guidelines for financial entitlements and benefits. The scope of these regulations is limited to the Commonwealth of Australia and pertains specifically to members of the Australian Naval Forces, including both the Permanent Naval Forces and the Auxiliary Services. The regulations do not extend to state or territory entities and are strictly applicable within the framework of the Naval Defence Act 1910–1934. The provisions are comprehensive in detailing specific rates and conditions for various ranks and duties, and while they do not mention any explicit exclusions, the detailed nature of the allowances suggests that they apply broadly within the specified categories of naval personnel.

Key Provisions

The Regulations under the Naval Defence Act 1910–1934, specifically Statutory Rules 1936, No. 159, amend several sections of the Naval Financial Regulations. Regulation 18 establishes new daily rates of Active Pay for officers in the Dental Branch, with specific rates based on rank and years of service. For instance, a Surgeon Lieutenant (D) on entry receives £18, which increases to £11 after three years of service (Section 18(1)). An officer who was previously eligible for a higher rate can continue to receive it until they qualify for an increased rate under the new regulation (Section 18(2)). Regulation 45 introduces a new sub-paragraph (c) to include an allowance of 2s 6d for officers appointed for operational duties on the staff of a Flag Officer with aircraft under his command, while removing sub-regulation (49) (Section 2(a) and (b)). Regulation 48 adds a new sub-regulation (57c) to provide a special duty allowance of 3d per day to Telegraphist ratings (Section 3). Regulation 74 revises the daily rates of Deferred Pay, setting specific rates for various ranks and positions within both Petty Officers and Men and Officers categories (Section 4). Lastly, Regulation 141 redefines what constitutes 'pay' for members of the Permanent Naval Forces Seagoing and the Auxiliary Services in terms of furlough or extended leave, specifying the emoluments to be considered (Section 5). The Regulations impose obligations on various parties, including the requirement for specific calculations of pay and allowances for members of the Naval Forces and Auxiliary Services. For example, officers in the Dental Branch must adhere to the newly established pay rates based on their rank and years of service. Similarly, officers appointed for operational duties on the staff of a Flag Officer with aircraft must be compensated according to the newly introduced allowance. The Regulations also mandate that specific emoluments be considered when determining pay for furlough or extended leave, including Active Pay, Deferred Pay, and allowances for special qualifications. Violations of the provisions set out in these Regulations may result in legal consequences. While the document does not explicitly detail offences or penalties, breaches of financial regulations typically carry administrative, civil, or criminal penalties depending on the severity and intent of the violation. For instance, unauthorised changes to pay or allowances could lead to disciplinary action or legal proceedings under the relevant defence statutes.

Area of Law: Defence Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Offence Provisions; Licensing & Registration

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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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