Naval Financial Regulations (Amendment)

Legislation au C1973L00081 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 81

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*

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 1910-1971.

Dated this twelfth day of April, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of the

Minister of State for the Navy.

Amendments of the Naval Financial Regulations†

Pay of men holding the rating Leading Seaman or a lower rating.

1. Regulation 31 of the Naval Financial Regulations is amended by inserting, after sub-regulation (1), the following sub-regulation:—

“ (1a) The scale of rates of pay per day in accordance with which active pay is payable to a man, who, immediately before the repeal of regulation 31b, was serving in the Naval Police, held the rating of Constable and was paid active pay in accordance with the scale of rates per day specified in the table in sub-regulation (2) of that regulation in relation to the rating of Constable is, while he continues to hold the rating of Constable, the scale of rates of pay per day in accordance with which active pay is payable under regulation 31a to a man who holds in the Naval Police the rating that corresponds to the rating of Petty Officer.”.

Pay of men holding the rating Petty Officer or a higher rating.

2. Regulation 31a of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1) the words “, Naval Shipwright, First Class, Sergeant, First Class or Sergeant, Second Class ” and substituting the words “ or Naval Shipwright, First Class ”; and

(b) by inserting after sub-regulation (2) the following sub-regulation:—

(2a) The daily rate of active pay payable to a man who, immediately before the repeal of regulation 31b, was serving in the Naval Police and held the rating of Sergeant, First Class and on and after that repeal holds the rating of Sergeant, continues to be the rate that was specified in the table in sub-regulation (2) of that regulation in relation to the first-mentioned rating while he continues to hold the second-mentioned rating and until the rate of pay per day payable to

* Notified in the Commonwealth Gazette on 18 April, 1973.

† 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; 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962, Nos. 10, 19, 22, 32, 86, 96 and 107; 1963, Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964, Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965, Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1966, Nos. 31, 33, 103 and 128; 1967, Nos. 21, 40, 56, 107, 109 and 159; 1968, Nos. 70, 77, 78, 99, 104 and 132; 1969, Nos. 5, 41, 55, 113, 114, 119, 138, 177, 201, 208 and 209; 1970, Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; 1971, Nos. 1, 2, 46, 56, 57 and 122; and 1972, Nos. 21, 35, 83, 100, 147, 182 and 200.


a man who holds in the Naval Police the rating that corresponds to the rating of Chief Petty Officer exceeds the rate of pay that was specified in that table in relation to the first-mentioned rating.”.

Pay—Naval Police.

3. Regulation 31b of the Naval Financial Regulations is repealed.

Increments.

4. Regulation 32 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ either of the last two preceding regulations,” and substituting the words “regulation 31a,”; and

(b) by omitting from sub-regulation (4) the words “ or the table in sub-regulation (2) of regulation 31b of these Regulations”.

Reduction or reversion in rating.

5. Regulation 32a of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1) the words “, or under regulation 31b of these Regulations, as the case may be,”;

(b) by omitting from sub-regulation (2) the words “, or under sub-regulation (5) of regulation 31b of these Regulations,”; and

(c) by omitting from the definition of “ prescribed table ” in sub-regulation (3) the words “, or sub-regulation (2) of regulation 31b of these Regulations ”.

Good conduct increments.

6. Regulation 38 of the Naval Financial Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—

“ (1) This regulation applies to a man who holds the rating of Leading Seaman or a lower rating other than a man serving in the Naval Police who is paid active pay in accordance with sub-regulation (1a) of regulation 31.”.

Apprentices—active pay and allowances.

7. Regulation 79 of the Naval Financial Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—

Stage of training

Rate per week

 

$

During his first year of apprenticeship training ..............................

19.11

During his second year of apprenticeship training ............................

23.94

During his third year of apprenticeship training .............................

41.02

During his fourth year of apprenticeship training ............................

51.45

Education Allowance.

8. Regulation 122 of the Naval Financial Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (3) the words “ One thousand four hundred and forty-five dollars ” and substituting the words “ One thousand five hundred and sixty dollars ”;

(b) by omitting from paragraphs (b) and (c) of sub-regulation (3) the words “ Two hundred and twenty-six dollars sixty-seven cents ” and substituting the words “ Two hundred and fifty dollars ”; and

(c) by omitting from sub-regulation (3a) the words “ One thousand four hundred and forty-five dollars ” and substituting the words “ One thousand five hundred and sixty dollars ”.

Active pay—general provisions.

9. Regulation 264 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (2a) the figures and letter “ 31b,”;

(b) by adding at the end of paragraph (a) of sub-regulation (3) the word “ and ”;


(c) by omitting paragraph (b) of sub-regulation (3); and

(d) by omitting from paragraph (c) of sub-regulation (3) the words “ regulations 31a and 31b of these Regulations apply ” and substituting the words “ regulation 31a applies ”.

Active pay—men.

10. Regulation 273 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the figures, word and letters “, 31a and 31b ” and substituting the word, figures and letter “ and 31a ”;

(b) by omitting from paragraph (a) of sub-regulation (2) the words “ regulations 31a and 31b ” and substituting the words “ regulation 31a ”;

(c) by adding at the end of paragraph (b) of sub-regulation (2) the word “ and ”;

(d) by omitting from paragraph (c) of sub-regulation (2) the word “ and ” last appearing; and

(e) by omitting paragraph (d) of sub-regulation (2).

Sixth Schedule.

11. The Sixth Schedule to the Naval Financial Regulations is repealed and the following Schedule substituted:—

SIXTH SCHEDULE Regulation 31 (2a)

RATES OF ACTIVE PAY—JUNIOR RECRUITS OR JUNIOR MUSICIANS

Rating and age

Rate per day

 

$

Junior Recruit or Junior Musician—

 

Under 16 years of age ...........................................

2.29

Of the age of 16 years ...........................................

3.03

Of the age of 17 years ...........................................

5.25

The rates of active pay provided for application of amendments made by regulations 7 and 11.

12. The rates of active pay provided for in the Naval Financial Regulations as amended by regulations 7 and 11 of these Regulations apply in respect of service in the Permanent Naval Forces on and after the nineteenth day of May, 1972.

Application of amendments made by regulation 8.

13. Education allowance is payable in accordance with regulation 122 of the Naval Financial Regulations as amended by regulation 8 of these Regulations in respect of the attendance of a child at a school during the year that commenced on the first day of January, 1972, and subsequent years.

Rates of pay of apprentices during period 27 August 1971, to 18 May 1972.

14. The pay account of an apprentice who, during the period from and including the twenty-seventh day of August, 1971, to and including the eighteenth day of May, 1972, or during part of that period was undergoing training shall, by virtue of this regulation, be credited in respect of that period or part of that period with an amount equal to the amount toy which the amount already credited to his pay account in accordance with the scale of rates per week applicable under the Naval Financial Regulations as in force in respect of that period or that part of that period is less than the amount that would have been credited to his account if the crediting had been made in accordance with the scale of rates per week in the table in this regulation.


Stage of Training of Apprentice

Rate per week

 

$

During his first year of apprenticeship training .............................

18.34

During his second year of apprenticeship training ...........................

23.03

During his third year of apprenticeship training .............................

39.62

During his fourth year of apprenticeship training ............................

49.70

Rates of pay of junior recruits or junior musicians during period 27 August 1971, to 18 May 1972.

15. A man who in the period from and including the twenty-seventh day of August, 1971, to and including the eighteenth day of May, 1972, or during part of that period held the rating of Junior Recruit or Junior Musician shall be entitled to additional pay in respect of that period or part of that period of an amount equal to the amount by which the pay already paid or payable to him in respect of that period or part of that period is less than the amount of pay that would have been payable if the scale of daily rates of active pay specified in the table in this regulation had been the scale of daily rates of active pay for men holding the rating of Junior Recruit or Junior Musician in that period.

Rating and Age of Junior Recruit or Junior Musician

Rate per day

 

$

Junior Recruit or Junior Musician—

 

Under 16 years of age ............................................

2.15

Of the age of 16 years ............................................

2.86

Of the age of 17 years ............................................

5.00

 

Overview

The Naval Defence Act 1910-1971 was enacted to provide for the defence of Australia by sea and to regulate the operation and administration of the Royal Australian Navy. The Act was administered by the Parliament of Australia. The Regulations under the Naval Defence Act 1910-1971, Statutory Rules 1973 No. 81, introduced amendments to the Naval Financial Regulations to address the pay and allowances of personnel serving in the Naval Police and apprentices undergoing training. These amendments aimed to ensure that the pay scales for these personnel were in line with the changes in their respective ratings and training stages. The policy objective of these amendments was to maintain fair and consistent remuneration for all personnel in the Royal Australian Navy, reflecting their roles and responsibilities. The Regulations, dated 12 April 1973 and made by the Governor-General with the advice of the Federal Executive Council, included specific changes to the pay rates for various ratings within the Naval Police, adjustments to the rates of active pay for apprentices, and the amendment of education allowances. These changes were designed to be effective from certain dates in 1972 and 1973, ensuring that the personnel received the correct compensation for their service during those periods. The Regulations also addressed the pay rates for junior recruits or junior musicians during a specific transitional period, ensuring that these individuals were fairly compensated during a time of change in their roles and responsibilities within the Navy.

Scope and Application

The Statutory Rules 1973 No. 81, Regulations Under the Naval Defence Act 1910-1971, apply to the amendment of the Naval Financial Regulations, specifically addressing the pay scales and allowances for various ranks and roles within the Naval Police and Permanent Naval Forces. These regulations are applicable to all individuals serving in the Naval Police, including those who have previously been part of the Naval Police and have retained their ratings. The changes include modifications to the pay rates for ratings such as Constables, Petty Officers, and Sergeants, as well as adjustments to education allowances and apprentice training pay. The amendments also involve the repeal of certain regulations and the introduction of new pay scales for junior recruits and musicians. These regulations have a national reach, governing activities and financial entitlements across Australia under the Commonwealth's purview. No specific exclusions or exemptions are stated in these regulations, meaning the amendments apply broadly to the specified groups unless otherwise noted in subordinate instruments. The application of these amendments is effective from specific dates mentioned in the regulations, such as the nineteenth day of May, 1972, and the first day of January, 1972.

Key Provisions

The key provisions of the Statutory Rules 1973 No. 81, which are regulations made under the Naval Defence Act 1910-1971, primarily focus on amending the Naval Financial Regulations. These amendments affect the pay scales for various ratings in the Naval Police, the rates of pay for apprentices, and the education allowance. Regulation 1 amends regulation 31 of the Naval Financial Regulations to specify that a man who was serving in the Naval Police and held the rating of Constable immediately before the repeal of regulation 31b will continue to receive active pay at the scale of rates per day specified for the rating of Petty Officer while he holds the rating of Constable (section 1). Regulation 2 modifies regulation 31a of the Naval Financial Regulations to adjust the daily rate of active pay for men who held the rating of Sergeant, First Class before the repeal of regulation 31b (section 2). Regulation 3 repeals regulation 31b of the Naval Financial Regulations, which previously dealt with the pay of men in the Naval Police (section 3). These regulations impose obligations on the relevant authorities to ensure that the amended pay scales and allowances are correctly applied to the appropriate personnel. They require the payment of active pay according to the new scales specified and the application of the new education allowance rates. Regulation 4 amends regulation 32 of the Naval Financial Regulations to reflect the changes in pay scales by omitting references to the repealed regulation 31b and substituting references to regulation 31a (section 4). Regulation 5 amends regulation 32a by removing references to regulation 31b to streamline the process of determining increments and reversions in rating (section 5). Regulation 6 modifies regulation 38 to ensure that good conduct increments are applied only to men holding the rating of Leading Seaman or a lower rating, excluding those in the Naval Police who are paid under the new sub-regulation 31a (section 6). Regulation 7 updates regulation 79 to reflect new rates of active pay for apprentices during their training years, and regulation 8 adjusts regulation 122 to increase the education allowance for children attending school (sections 7 and 8). Regulation 9 amends regulation 264 to ensure that active pay is calculated according to the new regulation 31a, while regulation 10 adjusts regulation 273 to reflect these changes (sections 9 and 10). Regulation 11 repeals the Sixth Schedule and substitutes it with a new schedule that includes updated rates of active pay for junior recruits or junior musicians (section 11). There are no specific offences, penalties, or civil/criminal consequences mentioned in these regulations. However, failure to comply with these amendments could lead to legal challenges regarding the correct application of pay and allowances, potentially resulting in disputes or claims for underpayment. The regulations themselves do not specify penalties but rely on the overarching legal framework to enforce compliance and address any breaches.

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