Naval Financial Regulations (Amendment)

Legislation au C1973L00106 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 106

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 thirty-first day of May, 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†

Parts.

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

“Division 5.—Allowances to Establishments (Regulations 292-294).”.

Allowances.

2. Regulation 274 of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) An allowance of a kind referred to in sub-regulation (1) is not payable to a member in respect of a period, being a period of less than one day, of naval service rendered by him.”.

Credit of pay and allowances.

3. Regulation 276 of the Naval Financial Regulations is amended by omitting sub-regulation (5.).

4. Regulation 286 of the Naval Financial Regulations is repealed and the following regulation substituted:—

Training fee.

“286. (1) In this regulation—

‘certificate of competency’ means a certificate of competency granted under Division 3 of Part II of the Navigation Act 1912-1972, and includes—

(a) a certificate of service granted under that Division; and

(b) a certificate that is, by virtue of section 22 of that Act, to be recognised for the purposes of that Act as if it were a certificate of competency or a certificate of service granted under that Division;

‘officer’ means an officer of the Naval Reserve who is ordinarily employed in a ship to which the Navigation Act 1912-1972 applies in the capacity of master, mate or engineer;

* Notified in the Commonwealth Gazette on 7 June 1973.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations see footnote† to Statutory Rules 1973, No. 81, and see also Statutory Rules 1973, No. 81. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended).

‘the Naval Reserve’ means the Royal Australian Naval Reserve;

‘the prescribed provisions’ means sub-section (1) of section 32a of the Act and sub-regulation 201 (1) of the Naval Forces Regulations.

“(2) Subject to the succeeding sub-regulations of this regulation, where, during a training year, an officer completes naval service amounting in the aggregate to twenty weeks, being the naval service that he is bound to render by virtue of the prescribed provisions, a training fee is payable to the officer in relation to that training year.

“(3) Subject to the succeeding sub-regulations of this regulation, a training fee is payable to an officer who has completed the naval service referred to in sub-regulation (2) in relation to each training year after the training year in which he completed that naval service.

“(4) Where, during a training year, an officer does not render any of the naval service that he is bound to render by virtue of the prescribed provisions, and the officer did not render any naval service that he is bound to render under the prescribed provisions in either of the last two preceding training years, a training fee is not payable to the officer in relation to that first-mentioned training year under sub-regulation (3).

“(5) Where a training fee is payable to an officer in relation to a training year, the fee is payable to the officer in respect of his service in the Naval Reserve during that training year at the rate of—

(a) if the officer holds the rank of Lieutenant or a higher rank—Seventy dollars per year; or

(b) if the officer holds the rank of Sub-Lieutenant—Sixty dollars per year.

“(6) For the purpose of calculating the amount of training fee payable to an officer in respect of his service in the Naval Reserve during a training year, an officer shall be deemed not to be serving in the Naval Reserve during any part of the training year during which—

(a) he is rendering continuous full time naval service under sub-section 32a (3) of the Act;

(b) he is rendering continuous full time naval service under section 50b of the Defence Act 1903-1970;

(d) he ceases to be an officer to whom the prescribed provisions apply.

“(7) Notwithstanding sub-regulation (6) where, during a training year, an officer renders continuous full time naval service under section 50b of the Defence Act 1903-1970, the naval service so rendered shall, for the purpose of calculating the training fee (if any) payable to the officer in relation to that training year, be deemed to be naval service that the officer is bound to render by virtue of the prescribed provisions.

“(8) Where, during a training year, an officer ceases to be an officer to whom the prescribed provisions apply and the officer has not rendered any naval service during that training year or during the immediately preceding training year, a training fee is not payable to the officer in respect of his service in the Naval Reserve during that first-mentioned training year unless the officer’s failure to render any such naval service was due to circumstances outside the officer’s control.”.

Repeal.

5. Division 5 of Part XVI of the Naval Financial Regulations is repealed.

Second Schedule.

6. The Second Schedule to the Naval Financial Regulations is amended by omitting the word and figures “Regulation 293”.

Overview

The Statutory Rules 1973 No. 106, enacted on 31st May 1973 under the authority of the Naval Defence Act 1910-1971, introduce regulations to amend the Naval Financial Regulations. These regulations aim to refine the financial allowances and credit of pay for members of the Naval Reserve, particularly addressing the payment of allowances for less than a full day of service, and the calculation of training fees for officers completing specific service hours. The enacting body, the Governor-General in Council, has established these regulations to ensure precise financial management and compliance within the Naval Reserve, reflecting the policy objective of maintaining efficient and fair remuneration practices. The regulations also clarify the conditions under which training fees are payable, ensuring that officers are compensated appropriately based on their rank and service conditions, while also accounting for instances where service obligations are not met due to various specified circumstances. This legislative instrument ensures that the financial administration of the Naval Reserve is both transparent and equitable, addressing gaps in the previous financial regulations to better support the service and commitment of Naval Reserve officers.

Scope and Application

The Statutory Rules 1973 No. 106, made under the Naval Defence Act 1910-1971, amend the Naval Financial Regulations to alter various provisions related to allowances, pay, and training fees for officers in the Naval Reserve. These regulations apply to officers in the Royal Australian Naval Reserve who are employed as master, mate, or engineer in ships governed by the Navigation Act 1912-1972. The regulations modify allowances, specify that allowances are not payable for periods of less than one day of naval service, and establish new conditions for the payment of training fees. The amendments extend to the payment of fees based on the rank of the officer, the calculation of the fee considering specific exclusions, and conditions under which fees are not payable. The scope of these regulations is national, affecting the entire Commonwealth of Australia. The regulations do not explicitly state any exclusions or exemptions but imply them through the conditions specified for the payment of fees.

Key Provisions

The Regulations under the Naval Defence Act 1910-1971 primarily amend the Naval Financial Regulations, addressing specific allowances and training fees for members of the Naval Reserve. Regulation 3 removes allowances for certain establishments, while Regulation 274 specifies that allowances are not payable for periods of less than one day of naval service (Regulation 274(2)). Regulation 276 omits a specific sub-regulation, and Regulation 286 introduces a new training fee structure. This new regulation (Regulation 286) mandates a training fee for officers who complete a minimum of twenty weeks of naval service in a training year, with different rates for Lieutenants or higher-ranked officers and Sub-Lieutenants (Regulation 286(5)). Furthermore, Regulation 286(6) outlines conditions under which an officer is deemed not to be serving in the Naval Reserve, affecting the calculation of the training fee. Division 5 of Part XVI of the Naval Financial Regulations is repealed, and the Second Schedule is amended accordingly. The Act imposes specific obligations on officers of the Naval Reserve regarding their service and the payment of training fees. Officers must render a minimum of twenty weeks of naval service during a training year to be eligible for a training fee (Regulation 286(2)). If an officer fails to complete the required service for two consecutive training years, they do not qualify for the fee in the subsequent year (Regulation 286(4)). Officers are also subject to conditions that deem them not to be serving in the Naval Reserve, such as continuous full-time naval service under certain acts or suspension of their certificate of competency (Regulation 286(6)). Failure to meet these conditions may affect their eligibility for the training fee. Breach of the regulations, such as not completing the required service or failing to pay the training fee when due, could result in legal consequences. Although the specific penalties are not detailed in the text, breaches of regulations typically result in administrative or financial penalties as outlined in the Naval Defence Act and associated regulations. Officers who do not meet the service requirements or fail to pay their training fees as stipulated may face disciplinary actions, which could include financial penalties, deductions from pay, or other administrative measures. The precise penalties would depend on the interpretation and application of the broader Naval Defence Act and related regulations.

Area of Law: Defence & Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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