Statutory Rules
1978 No. 233
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910.
Dated this twenty-third day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS†
Salaries of sailors holding the rank of Leading Seaman or a lower rank
1. Regulation 31 of the Naval Financial Regulations is amended—
(a) by omitting from sub-regulation (5) “ or Part I of Schedule 8 ”; and
(b) by omitting from that sub-regulation “ those Schedules ” and substituting “ that Schedule ”.
Salary of sailors holding the rank of Petty Officer or a higher rank
2. Regulation 31a of the Naval Financial Regulations is amended by omitting paragraph (d) of sub-regulation (1) and substituting the following paragraph:
“ (d) ‘prescribed table ’ means Part II or Part III of Schedule 7 to the Defence Force (Salaries) Regulations.”.
Repeal
3. Regulation 121 of the Naval Financial Regulations is repealed.
Application
4. The amendments of the Naval Financial Regulations effected by regulations 1 and 2 of these Regulations apply to and in relation to members of the Navy as if those amendments had come into operation on 6 January 1978.
* Notified in the Commonwealth of Australia Gazette on 30 November 1978.
† Statutory Rules 1956 No. 88 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 21 and see also Statutory Rules 1978 Nos. 21, 62, 70, 88, 161, 223 and 232.
Overview
Statutory Rules 1978 No. 233, made under the authority of the Naval Defence Act 1910, were enacted to address administrative and financial adjustments within the Navy, particularly concerning the remuneration of sailors. The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, issued these Regulations. The primary objective of these regulations was to refine the financial structure of the Navy by amending the Naval Financial Regulations to better align with the Defence Force (Salaries) Regulations. This legislative instrument sought to ensure that the salaries of sailors, whether holding the rank of Leading Seaman or Petty Officer, are accurately and fairly regulated, reflecting the intended changes and simplifications in the remuneration schedules.
Scope and Application
The Regulations made under the Naval Defence Act 1910 are applicable to members of the Australian Navy, specifically addressing the financial aspects of their remuneration. These regulations revise the Naval Financial Regulations to adjust the salary structures for sailors based on their ranks. The amendments concern the salaries of sailors holding ranks from Leading Seaman downwards and those of Petty Officers or higher. The specified changes involve the modification of certain sub-regulations to clarify and update the prescribed tables for salary determination, and the repeal of an outdated regulation. The application of these amendments is retrospective, treating the changes as if they had been in effect since 6 January 1978. The scope of these regulations is confined to the financial and administrative framework of the Australian Navy, without any explicit geographic limitations beyond the Commonwealth jurisdiction.
Key Provisions
The Statutory Rules 1978 No. 233 under the Naval Defence Act 1910 bring about specific amendments to the Naval Financial Regulations. Firstly, Regulation 31, concerning the salaries of sailors holding the rank of Leading Seaman or lower, is amended by removing certain references to other parts of Schedule 8 (paragraph 1(a)) and replacing a phrase with a more specific reference to a particular Schedule (paragraph 1(b)). Secondly, Regulation 31a, which addresses the salaries of sailors with the rank of Petty Officer or higher, is modified by replacing paragraph (d) of sub-regulation (1) with a new definition of "prescribed table" that now refers to Parts II or III of Schedule 7 of the Defence Force (Salaries) Regulations (paragraph 2). Finally, Regulation 121 is repealed entirely (paragraph 3).
These amendments impose specific obligations on the parties involved, particularly the members of the Navy. They require adherence to the new definitions and structures for salary calculations as stipulated in the revised Regulations. The changes to Regulation 31 and 31a necessitate updates in how salaries are determined and referenced, ensuring that all calculations align with the new regulatory framework. The repeal of Regulation 121 means that the provisions it contained are no longer applicable, streamlining the financial regulations for the Navy.
The Statutory Rules 1978 No. 233 do not explicitly outline specific offences, penalties, or consequences for non-compliance with the new regulations. However, as these Regulations are made under the authority of the Naval Defence Act 1910, any breach of the amended Naval Financial Regulations could potentially lead to legal consequences under the broader provisions of the Act. These might include civil penalties, administrative sanctions, or other legal actions as deemed appropriate by the relevant authorities. It is essential for all parties to ensure compliance with the new amendments to avoid any potential repercussions.