Naval Financial Regulations 1926 (Amendment)

Overview

Statutory Rules 1944, No. 163, constitutes regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations address specific administrative and financial aspects of naval personnel during a period of significant military activity, ensuring that service members receive appropriate allowances and recognition for their duties. The objective of these regulations is to provide financial support and acknowledge the contributions of naval personnel, particularly those engaged in critical roles such as Ordnance Mechanics and Coastal Force Coxswains, during wartime.

Scope and Application

This statutory instrument amends the Naval Financial Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, applying specifically to the members of the Royal Australian Navy and their entitlements. The Regulations target personnel such as Ordnance Mechanics and ratings who have performed specific duties, such as working on oil-operated gun turrets or serving as Coastal Force Coxswains, during certain periods in the early 1940s. The amendments allow for the payment of allowances to eligible personnel based on their service during these periods, subject to the approval of the Naval Board. The regulations extend across the Commonwealth of Australia, impacting naval personnel regardless of the state or territory in which they are stationed. There are no explicit exclusions, exemptions, or thresholds stated in this particular statutory instrument, but allowances are contingent on the conditions of service and approval from the Naval Board. The application and interpretation of these regulations may be further detailed through subordinate instruments or administrative guidelines issued by the Naval Board.

Key Provisions

The Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, published in Statutory Rules 1944, No. 163, primarily focus on amending the Naval Financial Regulations. Firstly, Regulation 1 amends Regulation 34a of the Naval Financial Regulations by including Ordnance Mechanics within the scope of the turret kit allowance, which was previously limited to Ordnance Artificers (Regulation 1(1)). This amendment allows Ordnance Mechanics who were regularly employed in an oil-operated gun turret between 6 July 1944 and the commencement date of these Regulations to receive an allowance under Regulation 34a, subject to approval by the Naval Board (Regulation 1(2)). Secondly, Regulation 2 amends Statutory Rules 1944, No. 95, by introducing a new sub-regulation 2a. This new sub-regulation permits ratings who performed the duty of Coastal Force Coxswain between 29 October 1943 and the commencement date of these Regulations to be paid an allowance at the rate prescribed by Regulation 48 of the Naval Financial Regulations, as amended by Regulation 1(1) (Regulation 2). The Regulations impose specific obligations on the parties they govern. Ordnance Mechanics and ratings who meet the criteria for the newly introduced allowances must seek approval from the Naval Board before receiving any payments. This approval process ensures that only those who have fulfilled the required service periods and duties are eligible for the allowances. Furthermore, the Regulations require that the Naval Board review the service records of applicants to verify their eligibility, thereby maintaining the integrity of the allowance system. Breaches of these Regulations may lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed within the text of the Regulations. Typically, in Australian legislative contexts, failure to comply with financial regulations can result in penalties such as fines or imprisonment, depending on the severity of the breach and the discretion of the court. For instance, if an individual falsely claims an allowance without meeting the stipulated criteria, they could face legal action. The maximum penalties for such offences would generally be determined by the relevant legislation governing civil or criminal penalties in the context of military or naval financial matters.