Naval Financial Regulations 1956 (Amendment)

Overview

The Naval Defence Act 1910-1952 was enacted to govern the defence of Australia through its naval forces, and these statutory rules from 1961 are a legislative instrument that amends the Naval Financial Regulations under this Act. The problem these regulations address is the need to update the financial provisions to accommodate the establishment of the Papua and New Guinea Division within the Royal Australian Navy. The Governor-General, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, made these regulations to ensure that the financial aspects of the service of members in this new division are properly regulated and distinct from the rest of the Royal Australian Navy. The policy objective, as implicit in the amendments, is to provide a clear and equitable financial framework for the personnel in the Papua and New Guinea Division, ensuring that their remuneration and benefits are appropriately recognised and structured.

Scope and Application

The Regulations Under the Naval Defence Act 1910-1952 primarily govern the financial matters related to the Royal Australian Navy, with specific amendments focusing on the financial regulations for the Papua and New Guinea Division of the Royal Australian Navy. These regulations are applicable to all members of the Royal Australian Navy, except for those serving in the Papua and New Guinea Division, who are governed by the newly inserted Part XVa of the Naval Financial Regulations. The regulations provide detailed rates of pay and specialist allowances for various ranks and service periods within the Papua and New Guinea Division, as specified in the Fifteenth Schedule. The amendments to the regulations came into operation on July 1, 1960, and the scope of application is nationwide, reflecting the overarching jurisdiction of the Commonwealth in naval defence matters. The regulations extend their application through subordinate instruments, ensuring that the financial management and remuneration of naval personnel are consistently and effectively regulated.

Key Provisions

The Regulations under the Naval Defence Act 1910-1952 (C1961L00012) primarily amend the Naval Financial Regulations to include provisions for the Papua and New Guinea Division of the Royal Australian Navy. These changes are outlined in Regulation 3, which inserts a new Part XVa into the Naval Financial Regulations, detailing rates of pay and specialist allowances for members of the Papua and New Guinea Division (Regulation 262a). Regulation 5 further clarifies that, except where specified by Part XVa, the Naval Financial Regulations do not apply to members of the Papua and New Guinea Division. Additionally, Regulation 262a specifies the annual rates of pay and specialist allowances based on the member's rating and period of service, as detailed in the Fifteenth Schedule to these Regulations. The obligations imposed by these Regulations require the Naval Board to determine the qualifications for inclusion of a member in the groups specified in the Fifteenth Schedule (Regulation 262a(2)). The Regulations also mandate that the rates of pay for members of the Papua and New Guinea Division be set out in the Fifteenth Schedule and be based on their ratings and length of service. This ensures a transparent and consistent approach to remuneration for this specific division of the Royal Australian Navy. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Regulations themselves. However, any breach of the terms specified under these Regulations could potentially lead to administrative or disciplinary actions within the Royal Australian Navy, as governed by the broader provisions of the Naval Defence Act 1910-1952. The maximum penalties for breaches would typically be determined by the Act itself or any applicable service regulations, not detailed within these specific Regulations.