Naval Financial Regulations (Amendment)

Legislation au C1933L00130 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1933. No. 130.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.

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 Naval Defence Act 1910-1918, to come into operation forthwith.

Dated this twenty-ninth day of November, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

G. F. PEARCE

Minister of State for Defence.

 

Amendment of Naval Financial Regulations.

(Statutory Rules 1926, No. 198, as amended to this date.)

(Twenty fourth amendment.)

1. Regulation 35 is amended by inserting, after sub-regulation (2), the following new sub-regulation:—

“(2a) When a man is transferred from any rating to that of Bandsman he shall receive a gratuitous issue of the approved compulsory kit for a Bandsman, except those articles which are common to the kits of his former rating and that of Bandsman. Such articles in the compulsory kit of his former rating as are not included in that of Bandsman shall be recovered and sold, the proceeds being credited to ‘Revenue ’”.

2. After regulation 109, the following new regulation is inserted:—

“109a.(1) When travelling on recreation leave accumulated in respect of three years’ service at Darwin a rating of the Auxiliary Services may be granted free second class return steamer passages from that port to Brisbane for himself, wife and children (as defined in regulation 107).

(2) Such passages may be granted to any other place than Brisbane provided the cost does not exceed that of second class return passages from Darwin to Brisbane.”

3. Regulation 114 is amended—

(a) by omitting sub-regulations (1) and (2) and inserting in their stead the following sub-regulation:—

“(1) An officer who uses his own motor car when travelling on public business, or a member whose motor car is used for such purpose, may be allowed in respect thereof payment at rates approved by the Naval Board.”

(b) by re-numbering sub-regulation (3) as sub-regulation (2).


4. After regulation 120 the following new regulation is inserted:—

“120a. A member—

(a) on half pay in accordance with regulation 98 of the Naval Forces Regulations,

(b) on furlough,

(c) on leave without pay in accordance with regulation 141 of the Naval Forces Regulations.

shall not be entitled to medical or dental treatment at Departmental expense.”

5. Regulation 133, sub-regulation (1), paragraph (c), is amended by adding the following:—

“provided that—

(i) the continuous period for which a member may be granted sick leave on full pay immediately prior to his retirement or discharge shall not exceed 52 weeks;

(ii) a further credit of sick leave shall not accrue to a member subsequent to the date of the decision to effect his retirement or discharge; and

(iii) a member shall not be entitled to sick leave beyond the day immediately preceding that on which he reaches the prescribed age for his retirement or discharge.”

 

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

Overview

The Statutory Rules 1933, No. 130, introduced regulations under the Naval Defence Act 1910-1918, addressing various administrative and financial aspects of the naval service. Enacted by the Governor-General in the Federal Executive Council, the primary objective was to amend the Naval Financial Regulations to provide clarity and structure to the financial and operational logistics of the naval personnel, including adjustments to allowances, travel provisions, and medical entitlements. This legislative instrument aimed to streamline and formalise the administrative procedures within the naval service, ensuring consistency and fairness in the application of regulations concerning personnel transfers, travel, and medical benefits.

Scope and Application

The Statutory Rules 1933, No. 130, made under the Naval Defence Act 1910-1918, amends the Naval Financial Regulations to introduce several changes regarding the treatment of personnel within the naval forces. These regulations apply to members of the naval forces, including officers and ratings, and govern financial matters such as kit issuance, travel entitlements, and medical and dental treatment. The changes introduced include the provision of a compulsory kit for bandsmen, the allowance of free steamer passages for ratings on recreation leave, the payment for the use of private motor cars on public business, the restriction of medical and dental treatment for members on half pay, furlough, or leave without pay, and the limitation of sick leave entitlements prior to retirement or discharge. The regulations extend to the entire Commonwealth of Australia and are binding on all naval personnel within the jurisdiction of the Commonwealth. Subordinate instruments may further extend or restrict the application of these regulations as necessary.

Key Provisions

The Regulations under the Naval Defence Act 1910-1918, as amended by Statutory Rules 1933, No. 130, introduce several key amendments to the existing Naval Financial Regulations (Statutory Rules 1926, No. 198). Firstly, Regulation 35 is amended to include a new sub-regulation (2a), which stipulates that a serviceman transferred to the rating of Bandsman must receive a complimentary issue of the approved compulsory kit for a Bandsman. Any articles from the previous rating's kit that are not included in the Bandsman's kit will be recovered and sold, with the proceeds credited to ‘Revenue’ (Regulation 35(2a)). Secondly, a new regulation, 109a, is inserted after Regulation 109, allowing a serviceman with three years' service at Darwin to travel on recreation leave with free second class return steamer passages from Darwin to Brisbane for themselves, their wife, and children, as defined in regulation 107. This benefit can be extended to other destinations if the cost does not exceed that of travel from Darwin to Brisbane (Regulation 109a(1)-(2)). Thirdly, Regulation 114 is amended to allow officers or members who use their own motor cars for public business to be compensated at rates approved by the Naval Board (Regulation 114(1)). Additionally, a new regulation, 120a, is inserted after Regulation 120, stating that members on half pay, furlough, or leave without pay are not entitled to medical or dental treatment at Departmental expense (Regulation 120a(a)-(c)). Lastly, Regulation 133 is amended to restrict the duration of sick leave on full pay before retirement or discharge to a maximum of 52 weeks, prohibit the accrual of further sick leave credit after the decision to effect retirement or discharge, and limit sick leave entitlement to the day before the prescribed age for retirement or discharge (Regulation 133(1)(c)). The Regulations impose several obligations and requirements on the parties they govern. Servicemen transferred to the rating of Bandsman must comply with the new provision regarding the issue and recovery of their kits (Regulation 35(2a)). Servicemen who have accumulated three years' service at Darwin must adhere to the terms of Regulation 109a for obtaining free steamer passages during their recreation leave. Officers or members using their own motor cars for public business must ensure that any reimbursement claimed is in accordance with the rates approved by the Naval Board (Regulation 114(1)). Members on half pay, furlough, or leave without pay are required to be aware that they are not entitled to medical or dental treatment at Departmental expense (Regulation 120a). Furthermore, all members must be cognizant of the amended limitations on sick leave before retirement or discharge (Regulation 133(1)(c)). The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the provisions regarding the issue and recovery of kits (Regulation 35(2a)), the terms of free steamer passages (Regulation 109a), or the reimbursement rates for the use of motor cars (Regulation 114(1)) could potentially lead to administrative actions or other disciplinary measures within the Navy. Similarly, members who receive medical or dental treatment despite being ineligible (Regulation 120a) may face consequences related to unauthorized benefits or misuse of resources. Breaches of the sick leave provisions (Regulation 133(1)(c)) might also result in administrative penalties or impact retirement benefits. The specific consequences would depend on the nature and severity of the breach, as well as the internal policies and disciplinary procedures of the Naval Defence Force.

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