Naval Financial Regulations (Amendment)

Legislation au C1935L00086 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1935. No. 86.

 

REGULATIONS UNDER 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 Naval Defence Act 1910–1934.

Dated this eleventh day of September, 1935.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Naval Financial Regulations.†

Application of Financial Emergency Act.

1. The fees or allowances prescribed by the Naval Financial Regulations as amended by these Regulations shall be subject to adjustment by or under the Financial Emergency Act 1931-1934 in the same manner as they would have been so subject had those Regulations as so amended been in force on the twenty-seventh day of October, 1933.

Operation of Amendments.

2.—(1) Regulation 3, paragraphs (b) and (c) of regulation 4, and regulation 6 of these Regulations shall be deemed to have come into operation on the twentieth day of March, 1935.

(2) Paragraph (a) of regulation 4 of these Regulations shall be deemed to have come into operation on the twenty-fifth day of January, 1935.

Medical branch.

3. Regulation 17 of the Naval Financial Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) The following shall be the daily rates of Active Pay for officers of the Medical Branch:—

 

£

s.

d.

Surgeon Lieutenant “on entry”.................................

1

10

0

after 3 years..........................................

1

12

0

Surgeon Lieutenant-Commander “on promotion”.....................

1

15

0

after 3 years..........................................

1

17

0

Surgeon Commander “on promotion”.............................

2

5

0

after 3 years..........................................

2

9

0

6

.........................................

2

13

0

9

.........................................

2

17

0

12

.........................................

3

0

6

15

.........................................

3

4

0

 

* Notified in the Commonwealth Gazette on , 1935.

† 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; and 1935 Nos. 6 and 27.

3768.—9/29.8.1935.—Price 3d.

 

£

s.

d.

Surgeon Captain “on promotion”................................

3

5

0

after 3 years..........................................

3

10

0

6

..........................................

3

15

0

9

..........................................

4

0

0

provided that an officer who immediately prior to the commencement of this regulation is in receipt of a higher rate of pay than that prescribed in this scale as adjusted under the provisions of the Financial Emergency Act 1931–1934 may continue to be paid such higher rate until he becomes entitled to an increased rate, either on promotion, on attaining increased seniority, or as a result of further adjustment of rates payable under Financial Emergency legislation.”

Allowances to Officers.

4. Regulation 45 of the Naval Financial Regulations is amended—

(a) by omitting the rate “1s. 6d.” in sub-regulation (14) and inserting in its stead the rates “2s. 0d.* or 1s. 0d.*”

(b) by re-numbering existing sub-regulation (48) to read (48a), and omitting the rate “2s. 6d.” appearing therein and inserting in its stead the rate “5s.”;

(c) by inserting the following new sub-regulation:—

 

Per diem

“(48) Charge Pay to the senior Medical Officer at Flinders Naval Depot and the Senior Medical Officer at H.M.A. Naval Establishments, Sydney             

5s.”

Allowances to Officers.

5. Regulation 46, sub-regulation (9), of the Naval Financial Regulations, is amended by inserting after the word “survey”, twice appearing, the words “or in charge of the Hydrographic Branch.”

Deferred pay.

6. Regulation 51 of the Naval Financial Regulations is amended by omitting sub-regulation (9) and inserting in its stead the following sub-regulation:—

“(9) Notwithstanding the provisions of sub-regulation (1) of this regulation a Surgeon Lieutenant appointed for Short Service under the provisions of paragraph (b) of sub-regulation (1) of regulation 57 of the Naval Forces Regulations, shall not be credited with Deferred Pay, but such officer (or in the event of his death his legal representative) may on discharge be paid a gratuity in accordance with the following provisions:—

(a) In the case of the death of the officer whilst serving or upon his being invalided from the Service for causes beyond his control—

(i) Where service does not exceed 3 years-—

Gratuity of £400 less £12 for each month, or part thereof, by which his service falls short of 3 years.

(ii) Where service exceeds 3 years but is less than 5 years—

Gratuity of £1,000 less £25 for each month, or part thereof, by which his service falls short of 5 years.


(b) In the case of discharge of the officer (for reasons other than at (a)) provided such discharge is not due to the misconduct of the officer—

(i) Where service is 3 years or more but less than 5 years—

Gratuity of £400.

(ii) Where 5 years’ service has been completed—

Gratuity of £1,000”.

Travelling allowances—General.

7. Regulation 102 of the Naval Financial Regulations is amended by omitting sub-regulation (8) and inserting in its stead the following sub-regulation:—

“(8) On first taking up appointment in the Auxiliary Services within six months after termination of long service in the Seagoing Forces, a member may be allowed, under similar conditions to those prescribed in regulation 115 of these Regulations, transfer and removal expenses involved in taking up his residence in the locality of such appointment.”

 

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

Overview

The Statutory Rules 1935 No. 86, titled "Regulations under the Naval Defence Act 1910–1934," was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on the 11th of September 1935. This legislative instrument was introduced to amend the Naval Financial Regulations, ensuring they align with the Financial Emergency Act 1931-1934 and to adjust fees and allowances for officers in the Royal Australian Navy. The regulations cover various aspects, including the daily rates for medical officers, allowances for officers, and deferred pay provisions, aiming to provide a structured financial framework for the naval service amidst the financial constraints of the period. The policy objective was to maintain naval efficiency and morale by ensuring fair compensation and benefits for officers during a time of economic uncertainty.

Scope and Application

The Naval Defence Act 1910–1934, as amended by Statutory Rules 1935 No. 86, regulates the financial allowances and rates of pay for officers in the Australian Navy, particularly those within the Medical Branch. This legislative instrument specifically adjusts the fees or allowances prescribed by the Naval Financial Regulations to be subject to the Financial Emergency Act 1931–1934. These amendments apply to officers in the Medical Branch and affect their daily rates of Active Pay and allowances, including changes to per diem charges and deferred pay provisions. The regulations also address gratuities payable to officers upon discharge or death, with specific conditions regarding the length of service. Additionally, the amendments provide for travel allowances for officers transitioning to the Auxiliary Services. The application of these regulations is limited to officers within the Australian Navy and does not extend to other military branches or personnel outside the scope of the Naval Defence Act.

Key Provisions

The main operative sections of these regulations involve amendments to the Naval Financial Regulations, which are governed by the Naval Defence Act 1910–1934. Section 1 of the Regulations provides that the fees or allowances prescribed by the Naval Financial Regulations, as amended, are subject to adjustment by or under the Financial Emergency Act 1931–1934. Section 2 sets out the dates on which certain provisions of the Regulations come into operation. Section 3 amends Regulation 17 of the Naval Financial Regulations, which specifies the daily rates of Active Pay for officers of the Medical Branch. Section 4 amends Regulation 45 of the Naval Financial Regulations, which relates to allowances to officers. Section 5 amends Regulation 46 of the Naval Financial Regulations, which relates to officers in charge of the Hydrographic Branch. Section 6 amends Regulation 51 of the Naval Financial Regulations, which relates to deferred pay for certain officers. Section 7 amends Regulation 102 of the Naval Financial Regulations, which relates to travelling allowances for members of the Auxiliary Services. These Regulations impose certain obligations and requirements on the parties or entities they govern. For example, Section 1 requires that the fees or allowances prescribed by the Naval Financial Regulations, as amended, be subject to adjustment by or under the Financial Emergency Act 1931–1934. Section 2 specifies the dates on which certain provisions of the Regulations come into operation. Section 3 specifies the daily rates of Active Pay for officers of the Medical Branch, while Section 4 specifies the allowances to officers. Section 5 requires that officers in charge of the Hydrographic Branch be paid a certain rate of pay, while Section 6 specifies the deferred pay or gratuity payable to certain officers. Section 7 specifies the travelling allowances for members of the Auxiliary Services. Failure to comply with these Regulations may result in civil or criminal consequences, including penalties. However, the Regulations do not specify any particular offences, penalties, or consequences for breach. It is possible that the penalties for breach of these Regulations may be found in other legislation, such as the Naval Defence Act 1910–1934 or the Financial Emergency Act 1931–1934.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.