STATUTORY RULES.
1961. No. 143.
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1952.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1952.
Dated this twenty-fifth day of November, 1961.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS.†
Travel on termination of service.
Regulation 193 of the Naval Financial Regulations is amended—
(a) by omitting sub-regulation (3A.) and inserting in its stead the following sub-regulation:—
“(3A.) Where the family and the household furniture and effects of a member—
(a) have, before the termination of his service, been removed under regulation 231 of these Regulations to a place other than the place referred to in sub-regulation (1.) or (2.) of this regulation and the family of the member is residing at that other place at the time of that termination; or
(b) are, on the termination of his service, removed under regulation 231 of these Regulations to a place other than the place referred to in sub-regulation (1.) or (2.) of this regulation,
the member shall be transported at the expense of the Department to that other place.”;
(b) by adding at the end of paragraph (a) of sub-regulation (5.) the word “or”; and
(c) by omitting paragraphs (c) and (d) of sub-regulation (5.).
*Notified in the Commonwealth Gazette on 27th November, 1961.
† Statutory Rules 1956, No. 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No. 53; and 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96 and 130.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
9951/61.—PRICE 3D. 10/3.11.1961.
Overview
The Statutory Rules 1961, No. 143, issued under the Naval Defence Act 1910-1952, constitutes a regulation made by the Governor-General in Council, dated 25th November 1961. This legislative instrument is designed to amend the Naval Financial Regulations, specifically addressing provisions related to the travel arrangements of naval personnel upon the termination of their service. The policy objective of these amendments is to ensure that naval members are transported to their family’s current residence, whether this location has been pre-determined or established post-termination, thereby providing clarity and support for service members and their families during a transitional period. The regulation seeks to update and streamline the administrative processes concerning the relocation of naval families, reflecting a commitment to the welfare of those who have served.
Scope and Application
The Statutory Rules 1961, No. 143, issued under the Naval Defence Act 1910-1952, specifically amends the Naval Financial Regulations concerning the travel of a member's family and household effects upon the termination of service. This legislation applies to members of the Royal Australian Navy, their families, and any related household items. The amendment pertains to the circumstances under which the member can be transported at the Department's expense, providing specific scenarios where the family and household effects have been or will be removed to a location different from the usual designated places. The regulation also modifies sub-regulation (5) by adding a new word and removing existing paragraphs, thereby adjusting the conditions and limitations associated with the transportation arrangements. The scope of this legislation is confined to the financial regulations governing the naval service, and it extends its application nationally within Australia. There are no stated exclusions or thresholds in this particular amendment, but the regulation may be further detailed or restricted through subordinate instruments issued under the authority of the Naval Defence Act.
Key Provisions
The main operative sections of this regulation, under the Naval Defence Act 1910-1952, involve amendments to Regulation 193 of the Naval Financial Regulations. Specifically, sub-regulation (3A) is amended to address the transportation of service members and their families when service terminates. This amendment ensures that if a service member's family and household effects have already been moved to a different location prior to the termination of service, or if they are moved at the time of termination, the service member will be transported to that location at the Department's expense. This provision aims to ensure that service members are reunited with their families in a timely and cost-effective manner (Reg. 193(3A)).
The regulation imposes certain obligations and requirements on the parties involved, primarily the Department. The Department must ensure that service members are transported to the location of their family and household effects if they have been moved to a different place before or at the time of service termination. This requirement is intended to support the service member's transition out of service by facilitating their relocation to where their family and belongings are situated (Reg. 193(3A)). Additionally, the regulation mandates that the Department cover the costs associated with this transportation, relieving the service member of any financial burden in this regard (Reg. 193(3A)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the regulation itself for breaches of these provisions. However, any failure to comply with these regulations could potentially result in administrative consequences or legal action under the broader framework of the Naval Defence Act 1910-1952. While the regulation does not specify maximum penalties, non-compliance could lead to investigations, disciplinary actions, or other measures as deemed appropriate by the relevant authorities within the Department or under the overarching Act (Naval Defence Act 1910-1952).