Naval Financial Regulations 1926 (Amendment)

Overview

Statutory Rules 1940 No. 225, made under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, was enacted by the Governor-General in accordance with advice from the Federal Executive Council. The purpose of these regulations was to amend the Naval Financial Regulations, specifically addressing the need to provide financial recognition and allowances for personnel engaged in the critical task of cyphering from 9 May 1940. This legislative instrument aims to ensure that Petty Officers and men who performed cyphering duties during this period are compensated appropriately in line with the prescribed rates outlined in the amended Naval Financial Regulations. The regulations were designed to address the financial needs of personnel involved in this specialised role, thereby supporting the broader policy objectives of maintaining effective defence capabilities during a period of heightened national concern.

Scope and Application

The Statutory Rules 1940, No. 225, made under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, pertain specifically to the amendment of the Naval Financial Regulations. This legislative instrument applies to Petty Officers and men within the Australian Naval Forces who performed cyphering duties from the 9th May 1940 up until the date these Regulations came into operation. It introduces a sub-regulation to provide a special allowance for these individuals, detailing the rate of payment as prescribed in the amended regulation 48. These Regulations extend throughout the Commonwealth of Australia, reflecting the federal jurisdiction over defence and naval matters. The specific exclusions or exemptions are not detailed in this particular amendment; however, it is assumed that eligibility for the allowance is restricted to those who performed the specified duty within the stipulated timeframe. The application of these Regulations may be further extended or detailed through subordinate instruments as necessary, ensuring comprehensive coverage of related financial provisions within the Naval Forces.

Key Provisions

The Regulations under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, particularly as detailed in Statutory Rules 1940, No. 225, primarily amend the Naval Financial Regulations to introduce a new sub-regulation (8b) concerning special allowances for certain duties. This new sub-regulation (Regulation 48(8b)) is inserted after the existing sub-regulation (8a) to address payments for the duty of cyphering performed by Petty Officers or men from 9 May 1940 until the date these Regulations came into operation. Specifically, it allows for the payment of an allowance at the rate prescribed in Regulation 48 of the Naval Financial Regulations, as amended by Regulation 1 of these Regulations. These Regulations impose specific obligations on the parties involved, particularly on the naval personnel who performed cyphering duties within the specified period. Petty Officers or men who carried out these duties are entitled to claim an allowance for their service, provided they meet the criteria set forth in Regulation 48(8b). This allowance is contingent on their performance of cyphering duties during the stipulated timeframe, which runs from 9 May 1940 until the Regulations' effective date. The obligation lies on the authorities to ensure that these allowances are accurately calculated and paid according to the prescribed rates. The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance within the provided text. However, it is implicit that any breach of the terms set forth in the Regulations could lead to administrative or disciplinary actions under the broader Defence Act 1903-1939 and the Naval Defence Act 1910-1934. Non-compliance with the allowance provisions could potentially result in financial discrepancies or legal challenges, as the Regulations aim to ensure fair and lawful compensation for specific duties performed. While the maximum penalties are not stated in this particular legislative instrument, they would typically be governed by the overarching Acts and any relevant administrative or disciplinary frameworks.