Naval Financial Regulations (Amendment)

Legislation au C1923L00001 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

 

1923. No. 1.

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 on and from the dates specified herein.

Dated this third day of January, 1923.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

for Minister of State for Defence.

 

Amendment of Naval Financial Regulations.

(Statutory Rules 1920, No. 248, as amended to present date.)

1 Regulation 38 is amended, as from 1st October, 1922, by omitting sub-regulation (45) and inserting in its stead the following sub-regulation:—

“(45) Acting Schoolmaster—

 

 

Rate per Diem.

To the rating acting as schoolmaster (payable under the conditions prescribed in King’s Regulations and Admiralty Instructions, Article 1450)             

0s. 8d.”

2. Regulation 40 is amended, as from 1st January, 1923, by omitting sub-regulations (2) to (7) inclusive and inserting in their stead the following sub-regulations:—

“(2) Interest at the rate of 3½ per cent. shall be credited annually on the 30th June in each year on the amount of accumulated Deferred Pay standing at credit of each member on 30th June of the previous year, provided that a full year’s interest shall be allowed only on amounts which have stood to the credit of the member for a full year. Interest added to Deferred Pay Account shall be considered as part of accumulated Deferred Pay and shall bear interest accordingly.

In the event of any member or his estate becoming entitled to receive Deferred Pay on account of discharge, expiration of engagement, resignation, death, or for any other reason as provided in these regulations, interest on the amount of accumulated Deferred Pay standing at credit on 30th June prior to the date on which he or his estate became entitled to payment of Deferred Pay in the circumstances aforementioned shall be allowed from 1st July to the end of the month in which payment of Deferred Pay becomes due.

The Deferred Pay Account of an Officer or man shall be closed when payment is made in full of the amount accumulated, or when payment is made on expiration of an engagement. In the event of an Officer or man re-entering the service or continuing in the service after drawing Deferred Pay, no interest shall be allowed in respect of any amount at credit prior to the closing of the account.

C.16526.—Price 3d.


(3) Payment of Deferred Pay and accumulated interest will, with the approval of the Naval Board, become payable in the following circumstances:—

(i) Officers—

(a) Upon final discharge from the Active List of the Seagoing Forces, provided that officers placed on half-pay prior to termination of their services may be paid accumulated Deferred Pay at any time after the date of their ceasing to draw full pay;

(b) Upon resignation or voluntary retirement;

(c) Upon being invalided from the service for causes beyond the Officer’s control;

(d) Upon the death of the Officer whilst serving.

(ii) Petty Officers and Men—

(a) Upon completion of the engagement into which entered;

(b) Upon completion of each period of re-engagement;

(c) Upon transfer to the R.A.N. Auxiliary Services;

(d) Upon discharge to Shore, excepting as provided in sub-regulation (4);

(e) Upon being invalided from the service for causes beyond the rating’s control;

(f) Upon the death of the rating whilst serving.

(4) No person who is—

(i) discharged “Run”;

(ii) dismissed from His Majesty’s Service with disgrace;

(iii) dismissed from His Majesty’s Service; or

(iv) discharged from the Service as “Services no longer required” on account of misconduct;

shall be entitled to any payment under this regulation.

(5) No payments in respect of accumulated Deferred Pay shall be made other than in the circumstances prescribed in sections (i) and (ii) of sub-regulation (3) of this regulation, but the Naval Board may, in special circumstances, restore the whole or any portion of the Deferred Pay which, but for the reasons set out in sub-regulation (4) of this regulation, would have been payable. Such cases shall generally be limited to cases where “Run” has been removed.

(6) Contributions by the Commonwealth towards pension rights of men lent from the Royal Navy shall be deducted from amounts credited to those men on account of Deferred Pay.

(7) Deferred Pay shall not be credited in any of the following circumstances:—

(a) during imprisonment or detention (either summarily or by Court Martial);

(b) during imprisonment following conviction by a Civil Court;

(c) during confinement in cells; or

(d) during sick leave granted without pay.

(e) Officers placed on the Half-pay List shall not be credited with Deferred Pay.

(8) In every case where Active Pay is drawn by ratings, Deferred Pay allowed shall be credited. Mulcts for leave-breaking or deductions on account of being in 2nd Class for conduct, and sick leave on reduced pay shall not affect Deferred Pay.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

Statutory Rules 1923, No. 1, made under the Naval Defence Act 1910-1918, amend the Naval Financial Regulations, specifically updating the rates and conditions for deferred pay and interest accrual for naval personnel. Enacted by the Governor General in and over the Commonwealth of Australia, these regulations aim to clarify and adjust the financial provisions for the deferred pay of naval officers and ratings, ensuring that payments are made correctly and in line with service conditions. This legislative instrument seeks to address discrepancies and provide a clear framework for deferred pay and interest accrual within the naval forces.

Scope and Application

The Statutory Rules of 1923 No. 1, made under the Naval Defence Act 1910-1918, primarily concern the amendment of Naval Financial Regulations, specifically addressing the rates of pay and conditions for deferred pay for naval personnel. These regulations apply to all officers and ratings within the naval forces of Australia, governing their financial entitlements and the circumstances under which deferred pay and interest on such pay are to be credited or withheld. The regulations establish a national scope, applying across the Commonwealth of Australia, and detail the specific conditions and circumstances under which deferred pay is to be calculated and paid out, including provisions for interest accrual, penalties for misconduct, and exceptions such as periods of imprisonment or detention. These regulations are enforceable throughout Australia and extend their application through the subordinate instrument of the Naval Financial Regulations, thereby providing a comprehensive framework for the financial management of naval personnel.

Key Provisions

The primary operative sections of the Statutory Rules 1923, No. 1, are concerned with amendments to the Naval Financial Regulations. Regulation 38 has been amended to adjust the rate per diem for acting schoolmasters, as per the prescribed conditions in King’s Regulations and Admiralty Instructions, Article 1450 (section 1). Regulation 40 has also been amended, effective from 1 January 1923, to detail new provisions regarding the interest on accumulated Deferred Pay, the conditions under which such interest is credited, and the circumstances in which Deferred Pay is payable (section 2). These regulations provide a structured framework for managing and crediting Deferred Pay and interest for naval personnel. The obligations imposed by these regulations on the parties they govern include the accurate calculation and crediting of interest on accumulated Deferred Pay, as well as the adherence to specific conditions for the payment of Deferred Pay. The regulations detail the scenarios in which interest is applicable, the timing of such interest credits, and the specific circumstances that disqualify individuals from receiving Deferred Pay. Furthermore, the regulations mandate that contributions towards pension rights be deducted from the Deferred Pay of men lent from the Royal Navy, ensuring a transparent and accountable financial management system. Breach of these regulations may lead to significant consequences. Although specific offences and penalties are not detailed within the text of the Statutory Rules 1923, No. 1, non-compliance with these financial regulations could result in administrative penalties or disciplinary actions against those responsible for enforcing or managing these provisions. The precise penalties would depend on the nature and severity of the breach, as well as the specific regulations violated, and could potentially include financial penalties or other corrective measures deemed appropriate by the Naval Board or relevant authorities.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Deferred Pay Provisions
Interest on Deferred Pay
Conditions for Payment of Deferred Pay

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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.