Naval Financial Regulations 1926 (Amendment)

Legislation au C1943L00217 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 217.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941 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 1903-1941 and the Naval Defence Act 1910-1934.

Dated this first day of September, 1943.

(S.G.D.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations.

Kit Upkeep Allowance.

1.—(1.) Regulation 34 of the Naval Financial Regulations is amended by omitting from sub-regulation (1) each of the amounts “8½d.”, “7½d.”, “8d.” and “8d.” specified therein and inserting in their stead the amounts “9d.”, “8d.”, “8½d.” and “8½d.” respectively.

(2.) If during the period on and from the first day of May, 1943, to the date of the commencement of these Regulations any rating was paid Kit Upkeep Allowance at a rate less than the rate prescribed by regulation 34 of the Naval Financial Regulations as amended by this regulation, he may be paid, in respect of that period, an amount equal to the difference between the rate paid to him and the rate prescribed by that regulation as so amended.

Special Allowances.

2.—(1.) Regulation 48 of the Naval Financial Regulations is amended—

(a) by inserting, after sub-regulation (40), the following sub-regulation:—

“(40a)

Cinematograph Operator.............

............1 0.”; and

 

* Notified in the Commonwealth Gazette on 1943.—Seventy-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 186; 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 131; 1940, Nos. 3, 124, 209, 225 and 254; 1941, Nos. 22, 89, 152, 285 and 308; and 1942, Nos. 27, 95, 116, 117, 284, 336 and 544.

4380.—Price 3d. 22/15.7.1943.


(b) by inserting, after sub-regulation (56), the following sub-regulation:—

“(56a)

Harbour Defence Layer—

 

 

(a) Harbour Defence Layer, 1st Class.......

1 0

 

(b) Harbour Defence Layer, 2nd Class.......

0 8

 

(c) Harbour Defence Layer, 3rd Class.......

0 3.”.

(2.) A rating who, during the period on and from the twentieth day of August, 1942, to the date of commencement of these Regulations, performed the duty of Harbour Defence Layer, 1st Class, Harbour Defence Layer, 2nd Class, or Harbour Defence Layer, 3rd Class, may in respect of that duty, be paid an allowance at the rate prescribed in regulation 48 of the Naval Financial Regulations, as amended by this regulation.

3. After regulation 150a of the Naval Financial Regulations the following regulation is inserted:—

Decorations for Gallantry Pecuniary Grants.

“150b.—The provisions contained in King’s Regulations and Admiralty Instructions and in Admiralty Fleet Orders governing the award of pecuniary grants to Chief Petty Officers, Petty Officers and other ratings, who receive decorations for gallantry, shall apply to and in relation to the Royal Australian Navy and the members thereof.”.

 

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

Overview

Statutory Rules 1943, No. 217 amends the Naval Financial Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934. Enacted by the Governor-General with the advice of the Federal Executive Council, these Regulations address the need to update the financial allowances and special allowances for naval personnel in light of changing circumstances and duties. The policy objective is to ensure that the remuneration of naval ratings is equitable and reflects their responsibilities and risks, particularly in the context of heightened military activities and wartime duties. The Regulations include amendments to the Kit Upkeep Allowance and introduce new special allowances for roles such as Cinematograph Operators and Harbour Defence Layers, as well as provisions for pecuniary grants for gallantry decorations.

Scope and Application

The Statutory Rules 1943, No. 217, issued under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934, apply to the members of the Royal Australian Navy, including ratings, Chief Petty Officers, and Petty Officers. The Regulations primarily aim to amend the Naval Financial Regulations concerning Kit Upkeep Allowance and Special Allowances, including new allowances for Cinematograph Operators and Harbour Defence Layers. These changes affect personnel who performed specific duties within the specified timeframe and entitle them to allowances or back payments. The Regulations have a national reach, applying throughout the Commonwealth of Australia. They extend the application of King's Regulations and Admiralty Instructions regarding pecuniary grants for gallantry decorations to the Royal Australian Navy and its members. The Regulations do not specify any exclusions or thresholds, but their application may be further detailed or restricted through subordinate instruments.

Key Provisions

The primary operative sections of the Statutory Rules 1943 No. 217 involve amendments to the Naval Financial Regulations under the Defence Act 1903-1941 and the Naval Defence Act 1910-1934. Section 1(1) amends Regulation 34 to adjust the Kit Upkeep Allowance, changing specified amounts from “8½d.”, “7½d.”, “8d.”, and “8d.” to “9d.”, “8d.”, “8½d.”, and “8½d.” respectively. Section 1(2) allows for any rating who was paid Kit Upkeep Allowance at a rate less than the newly prescribed rate during the period from 1 May 1943 until the commencement of these regulations to be compensated for the difference. Section 2(1) introduces new sub-regulations to Regulation 48, including a Cinematograph Operator allowance of “1 0.” and additional allowances for Harbour Defence Layers of various classes. Section 2(2) permits ratings who performed the duties of Harbour Defence Layers between 20 August 1942 and the commencement of these regulations to receive the newly prescribed allowances. Section 3 adds a new Regulation 150b, applying the provisions governing the award of pecuniary grants for gallantry decorations to the Royal Australian Navy. These amendments impose obligations on the relevant authorities to ensure that ratings are paid the correct allowances as per the updated regulations. The authorities must review past payments and compensate any ratings who were underpaid for Kit Upkeep Allowance or who performed duties for which they are now eligible for additional allowances. The new Regulation 150b requires the application of existing rules and instructions for awarding gallantry grants to members of the Royal Australian Navy. Breaches of these regulations could potentially lead to civil or administrative consequences, although specific penalties are not detailed in the provided text. For example, failure to compensate ratings for underpaid allowances could result in claims or disputes, while not applying the new allowances for specified duties could lead to similar issues. Additionally, non-compliance with the new Regulation 150b could result in the improper application of gallantry grants, potentially leading to legal challenges or administrative reviews.

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