Naval Financial Regulations (Amendment)

Legislation au C1971L00001 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No. 1

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this seventh day of January, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command.

D. J. KILLEN

Minister of State for the Navy.

Amendments of the Naval Financial Regulations†

Parts.

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

(a) by omitting the words—

“Division 2.—Other Cadet Midshipmen (Regulations 28-30).”

and inserting in their stead the words—

“Division 2.—Other Cadet Midshipmen (Regulations 29-30).”;

and

(b) by omitting the words—

“ Division 2.—Apprentices (Regulation 79).”

and inserting in their stead the words—

“ Division 2.—Apprentices (Regulations 79-79b).”.

Cadet Midshipmen, junior entry, in first year of training.

2. Regulation 28 of the Naval Financial Regulations is repealed.

Cadet Midshipmen—active pay.

3.—(1.) Regulation 29 of the Naval Financial Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“ (3.) The pay account of a Cadet Midshipman shall be credited with active pay at the rate specified in relation to his type of entry and stage of training in the following table:—

Type of entry and stage of training

Rate per day

 

$

Cadet Midshipman, junior entry, during his first year of training at the College..........

2.46

Cadet Midshipman, junior entry, during his second year of training at the College........

3.55

Cadet Midshipman, junior entry, during his third year of training at the College..........

4.27

Cadet Midshipman, junior entry, during his fourth year of training at the College.........

4.63

Cadet Midshipman, senior entry, during his first year of training at the College..........

4.27

Cadet Midshipman, senior entry, during his second year of training at the College........

4.63”.

 

 

* Notified in the Commonwealth Gazette on 1970.

† Statutory Rules 1956, No. 83, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote † to Statutory Rules 1970, No. 12; and see also Statutory Rules 1970, Nos. 12, 36, 38, 60 and 61.

25430/70—Price 8c 9/7/12.1970


(2.) Regulation 29 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (4.) the words “ (if any) ”;

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“ (5.) The costs of replacement of clothing, boot repairs, hair cutting and laundry shall be charged against the pay account of a Cadet Midshipman.”; and

(c) by omitting from sub-regulation (6.) the words “and eligible for a credit of active pay ”.

Cadet Midshipmen’s allowances.

4. Regulation 30 of the Naval Financial Regulations is amended by omitting the words “a cadet” (wherever occuring) and inserting in their stead the words “a Cadet Midshipman”.

Special increase in active pay.

5. Regulation 38a of the Naval Financial Regulations is amended by omitting paragraphs (c) and (d) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

“(c) a Junior Musician; or

“(d) an Apprentice.”.

Active pay and allowances.

6. Regulation 79 of the Naval Financial Regulations is amended by omitting sub-regulation (1.) and inserting m its stead the following sub-regulation:—

“(1.) The pay account of an Apprentice shall be credited with active pay at the rate specified in relation to the stage of his training in the following table:—

Stage of training

Rate per week

 

$

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

13.65

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

17.50

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

30.87

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

39.06”.

Personal expenses allowance.

7. Regulation 79a of the Naval Financial Regulations is repealed.

8. Regulations 178 and 179 of the Naval Financial Regulations arc repealed and the following regulation is inserted in their stead:—

Uniform allowance.

“178. An allowance, called ‘uniform allowance’, is payable at the rate of Twenty-eight cents per day to a member other than—

(a) a Junior Recruit under the age of seventeen years;

(b) a Junior Musician under the age of seventeen years; or

(c) an Apprentice who has not commenced the eighth term of his apprenticeship training.”.

Sixth Schedule.

9. The Sixth Schedule to the Naval Financial Regulations is repealed and the following Schedule inserted in its stead:—

SIXTH SCHEDULE Reg. 31 (13.).

Rates of Active PayJunior REcruits or Junior Musicians

Rating and age

Rate per day

Junior Recruit—

$

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

1.71

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

2.31

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

4.13

Junior Musicians—

 

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

1.71

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

2.31

Of or over the age of 17 years........................................

4.13


Transitional—certain Cadet Midshipmen.

10.—(1.) This regulation applies to a Cadet Midshipman, junior entry, who was in the course of serving his first year in the College during the period from and including the twenty-fifth day of September, 1970, to and including the day immediately before the commencement of these Regulations.

(2.) The pay account of a Cadet Midshipman to whom this regulation applies shall be credited with an amount equal to the amount by which the sum of the pocket money, good conduct allowance and uniform allowance paid or payable to him in respect of the period referred to in the last preceding sub-regulation under the Naval Financial Regulations as in force during that period is less than the sum of the active pay and uniform allowance that would have been payable to him in respect of that period if the amendments of the Naval Financial Regulations effected by regulations 2, 3, 4 and 8 of these Regulations had come into operation on the twenty-fifth day of September, 1970.

(3.) Sub-regulation (4.) of regulation 29 of the Naval Financial Regulations as amended by these Regulations does not apply to or in relation to an amount that is credited to the pay account of a Cadet Midshipman under the last preceding sub-regulation.

(4.) Sub-regulation (5.) of regulation 29 of the Naval Financial Regulations shall not be taken to authorize there being charged against the pay account of a Cadet Midshipman to whom this sub-regulation applies any costs of a kind referred to in that sub-regulation, being costs of such a kind incurred by the Cadet Midshipman during the period referred to in sub-regulation (1.) of this regulation.

(5.) Where the sum of the amounts credited to the uniform allowance account of a Cadet Midshipman to whom this regulation applies exceeds the sum of the amounts charged to that account, the pay account of the Cadet Midshipman shall, by virtue of this sub-regulation, be credited with an amount equal to the amount of the excess.

(6.) Where the sum of the amounts charged to the uniform allowance account of a Cadet Midshipman to whom this regulation applies exceeds the sum of the amounts credited to that account, the pay account of the Cadet Midshipman shall, by virtue of this sub-regulation, be debited with an amount equal to the excess.

(7.) In the last two preceding sub-regulations—

(a) a reference to the sum of the amounts credited to the uniform allowance account of a Cadet Midshipman shall be read as a reference to the sum of the amounts credited, or required to be credited, to the Cadet Midshipman by way of uniform allowance under regulation 179 of the Naval Financial Regulations as in force before the date of commencement of these Regulations in respect of his service before that date; and

(b) a reference to the sum of the amounts charged against the uniform allowance account of a Cadet Midshipman shall be read as a reference to the sum of the amounts charged, or required to be charged, in accordance with sub-regulation (2.) of regulation 179 of the Naval Financial Regulations as in force before the date of commencement of these Regulations, in respect of the service of the Cadet Midshipman before that date, against the amount of uniform allowance credited to the Cadet Midshipman in accordance with that regulation.

(8.) The crediting of an amount to the pay account of a Cadet Midshipman in accordance with sub-regulation (5.) of this regulation is in lieu of, and not in addition to, payment to the Cadet Midshipman of any amount that would become payable to the Cadet Midshipman but for the repeal of regulation 179 of the Naval Financial Regulations by regulation 8 of these Regulations.


Transitional—other Cadet Midshipmen.

11. The rates of active pay specified in sub-regulation (3.) of regulation 29 of the Naval Financial Regulations as amended by these Regulations apply to and in relation to service, on and after the twenty-fifth day of September. 1970, of a Cadet Midshipman, not being a Cadet Midshipman to whom the last preceding regulation applies.

Transitional—apprentices.

12. Where the amount of active pay that would have been credited to the pay account of an apprentice in respect of his service during the period specified in sub-regulation (1.) of regulation 10 of these Regulations if the amendments of the Naval Financial Regulations effected by regulations 5, 6 and 7 of these Regulations had come into operation on the twenty-fifth day of September, 1970 exceeds the sum of the amounts credited to the pay account of the apprentice, in respect of his service during that period, by way of active pay (including any amount by which his active pay was increased by virtue of regulation 38a of the Naval Financial Regulations) and personal expenses allowance under regulation 79a of the Naval Financial Regulations as in force before the commencement of these Regulations, the pay account of the apprentice shall, by virtue of this regulation, be credited with an amount equal to the excess.

Transitional—junior recruits and junior musicians.

13.—(1.) The rates of active pay specified in the Sixth Schedule to the Naval Financial Regulations as amended by these Regulations apply to and in relation to service of a Junior Recruit on and after the twenty-fifth day of September, 1970.

(2.) Where the amount of active pay that would have been credited to the pay account of a Junior Musician in respect of his service during the period specified in sub-regulation (1.) of regulation 10 of these Regulations if the amendment of the Naval Financial Regulations effected by regulation 9 of these Regulations had come into operation on the twenty-fifth day of September. 1970, exceeds the amount credited to his pay account, in respect of his service during that period, by way of active pay, the pay account of the Junior Musician shall, by virtue of this sub-regulation, be credited with an amount equal 10 the excess.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. 1, Regulations Under the Naval Defence Act 1910-1968, were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 7 January 1970. These regulations address gaps and issues within the existing framework of financial regulations for personnel in the Australian Navy. The purpose of these regulations is to amend the Naval Financial Regulations to provide updated and more structured financial provisions for Cadet Midshipmen, apprentices, and other ranks within the Navy. The enacting body is the Federal Executive Council, and the policy objective appears to be to ensure fair and adequate remuneration for naval personnel in line with their training stage and role within the Navy.

Scope and Application

The Statutory Rules 1971 No. 1, which are Regulations under the Naval Defence Act 1910-1968, focus on amending the Naval Financial Regulations, primarily concerning the financial aspects of personnel within the Australian Defence Force. These regulations apply to various categories of personnel, including Cadet Midshipmen, apprentices, junior recruits, and junior musicians, detailing their pay, allowances, and other financial considerations. The regulations are made under the authority of the Governor-General and the Federal Executive Council and came into effect on the twenty-fifth day of September, 1970. The amendments and regulations pertain to the Commonwealth of Australia, affecting all members of the naval forces across the nation. Certain exclusions are noted, such as Cadet Midshipmen who were in their first year of training during a specified period and thus subject to transitional provisions. The regulations also allow for further adjustments and specifications through subordinate instruments, ensuring the provisions can be adapted as necessary.

Key Provisions

The primary operative sections of these regulations, which amend the Naval Financial Regulations under the Naval Defence Act 1910-1968, include amendments to the pay rates for Cadet Midshipmen, apprentices, junior recruits, and junior musicians. Regulation 3 revises the rates of active pay for Cadet Midshipmen based on their type of entry and stage of training, as detailed in the accompanying table. Regulation 5 modifies the categories eligible for a special increase in active pay, while Regulation 6 introduces new pay rates for apprentices according to their stage of training. Additionally, Regulations 9 and 13 adjust the rates of active pay for junior recruits and junior musicians, respectively. Transitional provisions in Regulations 10, 11, 12, and 13 ensure that existing service members receive appropriate adjustments to their pay accounts to reflect the new rates. The Act imposes specific obligations and requirements on various stakeholders, including the Department of Navy and the affected personnel. The Department of Navy must ensure that the amended regulations are implemented accurately and that all relevant personnel are informed of the changes. For Cadet Midshipmen, junior recruits, junior musicians, and apprentices, the Act requires them to comply with the new pay rates and any related deductions from their accounts, such as those for clothing, boot repairs, hair cutting, and laundry as specified in Regulation 29(5). Personnel must also adhere to the new rates of uniform allowance, which are payable under Regulation 178, except for certain junior recruits, junior musicians, and apprentices who do not meet the specified criteria. Breach of the obligations and requirements set out in these regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties for non-compliance are not detailed in the text, breaches of statutory rules or regulations under the Naval Defence Act could potentially lead to disciplinary actions, financial penalties, or other legal repercussions as determined by the relevant authorities. The maximum penalties for such breaches would be in line with the general legal framework governing the enforcement of naval regulations and would be determined by the applicable laws and court decisions.

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