Naval Financial Regulations (Amendment)

Legislation au C1966L00031 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1966 No. 31

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1965.*

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 1910-1965.

Dated this third day of February, 1966.

CASEY

Governor-General.

By His Excellencys Command,

F. CHANEY

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations†

Parts.

1. Regulation 3 of the Naval Financial Regulations is amended by omitting the words—

Division 4.—Annual Allowances, Grants, Retainers, Training Fees, Gratuities and Bounties (Regulations 283-291).

and inserting in their stead the words—

Division 4.—Annual Allowances, Grants, Retainers, Training Fees, Gratuities and Bounties (Regulations 283-291A)..

Officers general list—active pay.

2. Regulation 9 of the Naval Financial Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

(1A.)Where the Naval Board so approves, the daily rate of active pay payable to an officer of the Special Duties List holding the rank of Lieutenant and having not less than eight years pay seniority in that rank is an amount equal to the sum of the daily rate of active pay specified in Division 2 of the Third Schedule to these Regulations in relation to a Lieutenant (S.D.) with not less than seven years pay seniority and—

(a) if he has less than ten years pay seniority in that rank—Five shillings;

(b) if he has not less than ten years pay seniority but less than fourteen years pay seniority in that rank—Ten shillings; or

(c) if he has not less than fourteen years pay seniority in that rank—Fifteen shillings.; and

 

* Notified in the Commonwealth Gazette on , 1966.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see Statutory Rules 1965, No. 46, and see also Statutory Rules 1965, Nos. 46, 70 and 74.

16475/65.—Price 9d. (8c) 9/27.1.1966


(b) by omitting paragraph (a)of sub-regulation (2.) and inserting in its stead the following paragraph:—

(a) the daily rate of active pay payable to the officer in accordance with the preceding sub-regulations of this regulation; or.

Retention of lodgings allowance.

3. Regulation 94 of the Naval Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

(2.) Where a member—

(a) is accommodated in hospital, or lives in for service reasons, for a period;

(b) was in receipt of living out allowance under regulation 92 of these Regulations immediately before the commencement of the period; and

(c) pays for the retention of his lodgings during the period,

retention of lodgings allowance is payable to the member in respect of the period or 30 consecutive days, whichever is the less..

4. Regulation 267 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Active pay—general provisions.

267.—(1.) This regulation applies to and in relation to continuous full time naval service of a member, being service—

(a) that is not rendered under sub-section (3.) or (7.) of section 32 of the Act or under section 50b of the Defence Act 1903–1965; and

(b) that is not rendered in a vacancy in the establishment of the Permanent Naval Forces.

(2.) The rate of active pay of an officer in respect of service to which this regulation applies is the rate specified, in relation to the rank that the officer holds, in whichever Part of Table 1 in the Seventeenth Schedule to these Regulations is applicable to the officer.

(3.) The rate of active pay of a chaplain of the Citizen Naval Forces in respect of service to which this regulation applies is the rate specified in Table 2 in the Seventeenth Schedule to these Regulations.

(4.) The rate of active pay of a man in respect of service to which this regulation applies is the rate specified in Table 3 in the Seventeenth Schedule to these Regulations in relation to the rating that the man holds and the branch in which the man is included.

(5.) The daily rate of active pay payable to a man in accordance with the last preceding sub-regulation is, by virtue of this sub-regulation, increased by Four shillings..

5.—(1.) Regulation 284 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

Efficiency grant.

284. A member of the Royal Australian Naval Reserve may, in such circumstances as the Naval Board determines, be paid an efficiency grant of such amount or at such rate as the Naval Board determines..


(2.) Where circumstances determined by the Naval Board to be circumstances in which the grant provided for by regulation 284 of the Naval Financial Regulations as amended by these Regulations is to be payable relate to a period of service in the Royal Australian Naval Reserve, that period may be a period commencing on or after the first day of July, 1963.

6. After regulation 291 of the Naval Financial Regulations the following regulation is inserted in Division 4 of Part XVI.:—

Gratuity in respect of continuous full time naval service.

219a.—A gratuity is payable to a member of the Citizen Naval Forces who renders, under sub-section (3.) of section 32a of the Act, continuous full time naval service for a period of not less than 1 year and serves during the whole of that period in a vacancy in the establishment of the Permanent Naval Forces at the rate of—

(a) if the member is an officer—Fifty pounds per annum; or

(b) in any other case—Twenty pounds per annum.

(2.) The last preceding sub-regulation applies to a member of the Citizen Naval Forces who renders continuous full time naval service on or after the ninth day of September, 1965..

Second Schedule.

7. The Second Schedule to the Naval Financial Regulations is amended by omitting the word and figures—

Regulation 269.

and inserting in their stead the words and figures—

Sub-regulation (3.) of regulation 264.

Sub-regulation (2.) of regulation 270.

Regulation 275.

Sub-regulation (2.) of regulation 277.

Regulation 284.

Regulation 285.

Regulation 286.

Sub-regulations (1.) and (2.) of regulation 290.

Regulation 293.

Sub-regulations (3.) and (5.) of regulation 295..

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Naval Defence Act 1910-1965 was enacted to provide for the establishment and maintenance of the Royal Australian Navy and related financial matters. In 1966, Statutory Rules No. 31 were introduced under the authority of this Act to amend the Naval Financial Regulations, addressing gaps in the financial provisions for naval personnel. These amendments were made by the Governor-General in Council, acting on the advice of the Federal Executive, and were aimed at updating and refining the financial allowances, grants, retainers, and other payments to ensure they reflected current needs and service conditions. The objective of these regulations was to provide clear and fair financial provisions for members of the Royal Australian Navy, including active pay, allowances, and gratuities.

Scope and Application

The Regulations under the Naval Defence Act 1910-1965 apply to the members of the Citizen Naval Forces and officers of the Special Duties List within the Commonwealth of Australia, as they pertain to financial matters related to their naval service. The regulations outline specific allowances, grants, and active pay provisions, including changes to the daily rate of active pay for certain officers, adjustments to the retention of lodgings allowance, and the introduction of a gratuity for continuous full-time naval service. The amendments also affect the efficiency grants payable to members of the Royal Australian Naval Reserve, altering the circumstances under which such grants may be paid. These regulations have a national reach within Australia and do not specify any exclusions or exemptions; however, they may be subject to further interpretation and application through subordinate instruments.

Key Provisions

The primary amendments under these Regulations (C1966L00031) are directed towards the Naval Financial Regulations, with several sections being altered or replaced. For instance, Regulation 3 is amended to adjust the categorisation of financial provisions (Regulation 283-291). Regulation 9 is modified to introduce new sub-regulations regarding the daily rate of active pay for officers on the Special Duties List (Regulation 9(1A)). Additionally, Regulation 267 is repealed and replaced with new provisions that specify the active pay rates for various naval service members, including officers, chaplains, and men, under different circumstances of service (Regulation 267). Efficiency grants for members of the Royal Australian Naval Reserve are also addressed, allowing for such grants to be paid under certain conditions determined by the Naval Board (Regulation 284). Moreover, a new gratuity provision is introduced for members of the Citizen Naval Forces who provide continuous full-time naval service in specific vacancies within the Permanent Naval Forces (Regulation 219a). These Regulations impose certain obligations on the Naval Board and the members of the naval forces. The Naval Board is tasked with determining the conditions under which efficiency grants are payable (Regulation 284), and it must establish the rate and circumstances for such grants. Furthermore, the Regulations necessitate that the daily rate of active pay for certain officers be calculated based on their years of seniority and rank, subject to approval by the Naval Board (Regulation 9(1A)). Members of the Citizen Naval Forces who serve in vacancies within the Permanent Naval Forces for at least one year are entitled to a gratuity, with the rate of gratuity varying depending on their rank (Regulation 219a). The Regulations also outline the consequences of non-compliance. While specific penalties are not detailed within these Regulations, breaches of the Naval Defence Act 1910-1965 or the Naval Financial Regulations could result in civil or criminal liabilities under the overarching Act. The severity of these penalties would depend on the nature and extent of the breach, and could potentially include fines or imprisonment as prescribed by the relevant sections of the Act.

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