STATUTORY RULES.
1938. No. 116.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1934 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 1903-1934 and the Naval Defence Act 1910-1934.
Dated this seventh day of December, 1938.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
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Amendments of the Naval Financial Regulations.†
1. After regulation 28 of the Naval Financial Regulations the following regulation is inserted:—
Pay and allowances—when not payable.
“28a.—(1) A member shall not be credited with Active Pay, Deferred Pay or, except as provided in sub-regulation (2) of this regulation, allowances of any nature—
(a) during periods of imprisonment, detention or confinement in cells awarded under the provisions of the Naval Forces Regulations; or
(b) when convicted of an offence by a civil court and awarded a term of imprisonment—
(i) in respect of the period commencing on the date of his arrest and ending on the date of his release from custody; and
(ii) where his return to duty from leave of absence is consequently delayed—in respect of the period between the date of expiration of the leave or the date of his release from custody (whichever is the later) and the date of his resumption of duty.
(2) A rating undergoing detention may be credited with Kit Upkeep Allowance.”.
Kit upkeep allowance.
2. Regulation 34 of the Naval Financial Regulations is amended by omitting sub-regulation (2).
* Notified in the Commonwealth Gazette on, 1938.—Forty-seventh 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. 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; and 1938, Nos. 17, 47, 66 and 92.
2873 —8/24.10.1938.—Price 3d.
Payment of deferred pay.
3. Regulation 51 of the Naval Financial Regulations is amended by omitting sub-regulations (7) and (8) and inserting in their stead the following sub-regulation:—
“(7) Except as otherwise prescribed, the full rate of Deferred Pay shall be credited for each day in respect of which Active Pay (at either full or a reduced rate) is payable.”.
Cells, detention.
4. Regulation 56 of the Naval Financial Regulations is repealed
Uniform gratuities on first appointment.
5. Regulation 72 of the Naval Financial Regulations is amended by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—
“(3) Kit Upkeep Allowance at the rate of 6d. per diem shall, except in respect of any period of sick leave granted without pay, be paid to ratings of the Auxiliary Services.”.
Deferred pay.
6. Regulation 74 of the Naval Financial Regulations is amended by omitting sub-regulations (7) and (8) and inserting in their stead the following sub-regulations:—
“(7) Deferred Pay shall not be credited in respect of any period on the half pay list.
(8) Except as otherwise prescribed the full rate of Deferred Pay shall be credited for each day in respect of which Active Pay (at either full or a reduced rate) is payable.”.
7. Regulation 127 of the Naval Financial Regulations is repealed and the following regulation is inserted in its stead:—
Reduction in pay whilst suffering from Venereal Disease.
“127.— (1) Subject to this regulation, the pay of a member, whether he is capable of performing duty or not, shall be reduced in accordance with the following scale whilst he is suffering from venereal disease:—
Rank or Rating. | Amount per diem. | ||
|
| s. | d. |
Midshipman or relative rank................................. |
| 2 | 0 |
Sub-Lieutenant or relative or higher rank......................... |
| 3 | 6 |
Ordinary Seaman 2nd class or relative rating...................... |
| 0 | 9 |
Ordinary Seaman or relative or higher rating...................... |
| 1 | 6 |
(2) No reduction under the provisions of the last preceding sub-regulation shall be made in the case of—
(a) a member, on the first occasion of his contracting venereal disease, for a period not exceeding thirty-five days of the initial course of treatment;
(b) a member who in the course of his duties accidentally becomes infected with the disease, and whose condition is certified by a Naval Medical Officer to be not due to the default of the member; or
(c) a member requiring periodic treatment for syphilis subsequent to his being pronounced fit for draft to any ship after the initial course of treatment.
(3) Where, in the case of a member requiring treatment for venereal disease, a Naval Medical Officer certifies that the member’s condition is due to a relapse resulting from the first occasion on which that member
suffered from the disease, and the member on that first occasion was under treatment for a period of less than thirty-five days, the Naval Board may direct that the pay of the member be not reduced in pursuance of the provisions of sub-regulation (1) of this regulation during a period equal to the difference between the period for which the member was under treatment on the first occasion and thirty-five days.
(4) For the purpose of determining the first occasion of contracting venereal disease any occurrence of such disease prior to the first day of January, 1927, may be disregarded.
(5) The pay of a member under treatment for arsenical poisoning resulting from treatment for venereal disease shall, subject to such conditions as are determined by the Naval Board, be reduced in conformity with the scale in sub-regulation (1) of this regulation.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.