Naval Financial Regulations (Amendment)

Legislation au C1962L00107 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1962. No. 107.

REGULATIONS UNDER, THE NAVAL DEFENCE ACT 1910-1952.*

I, THE Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1952.

Dated this  thirtieth

day of  November , 1962.

DALLAS BROOKS.

Governor-General.

By His Excellency’s Command,

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 1.—Officers other than Cadet Midshipmen (Regulations 9-27).

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

and inserting in their stead the words—

“Division 1.—Officers, including Cadet Midshipmen appointed under the Upper Yardman Training Scheme (Regulations 9-27).

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

Interpretation.

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

(a) by inserting in sub-regulation (1.), before the definition of

“Apprentice”, the following definition:—

“‘Aircrew Training Scheme’ means the scheme, known as the Aircrew Training Scheme, approved by the Naval Board for the training of members of the Permanent Naval Forces as pilots or observers;”;

(b) by omitting from sub-regulation (1.) the definition of “Observer Training Scheme”; and

* Notified in the Commonwealth Gazette on , 1962.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote † to Statutory Rules 1962, No. 10, and see also Statutory Rules 1962, Nos. 10, 19, 22, 32 and

5299/62.—Price 3d. 9/5.11.1962.


(c) by adding at the end of sub-regulation (1.) the following definition:—

“‘Upper Yardman Training Scheme’ means the scheme, known as the Upper Yardman Training Scheme, approved by the Naval Board for training selected men for appointment as officers on the General List of the Permanent Naval Forces.”.

Heading to Division 1 of Part II.

3. The heading to Division 1 of Part II. of the Naval Financial Regulations is repealed and the following heading inserted in its stead:—

Division 1.—Officers, including Cadet Midshipmen appointed under the Upper Yardman Training Scheme.”.

Officers’ General List—Active Pay.

4.—(1.) Regulation 9 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “The daily rates” and inserting in their stead the words “Subject to this regulation, the daily rates”;

(b) by omitting from sub-regulation (2.) the words “under the last preceding sub-regulation” (wherever occurring) and inserting in their stead the words “under sub-regulation (1.) of this regulation”; and

(c) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) A Cadet Midshipman who was appointed an officer under the Upper Yardman Training Scheme is eligible to be paid active pay at a daily rate equal to the sum of the amounts that would be payable to him in respect of active pay and of allowances under regulations 43, 48 and 69 of these Regulations if he were eligible to be paid active pay as a man of the rating and pay seniority held by him on the day immediately preceding his appointment as an officer under that scheme and were also eligible to be paid such of those allowances as he was eligible to be paid in respect of that day but is not eligible to be paid any allowance under regulation 27 of these Regulations.

(3a.) Where, in the case of a Midshipman or Acting Sub-Lieutenant who was appointed an officer under the Upper Yardman Training Scheme, the sum of the amounts that would be payable to him in respect of active pay and of allowances under regulations 43, 48 and 69 of these Regulations if he were eligible to be paid active pay as a man of the rating and pay seniority held by him on the day immediately preceding his appointment as an officer under that scheme and were also eligible to be paid such of those allowances as he was eligible to be paid in respect of that day exceeds the sum of the active pay that would, but for this sub-regulation, be payable to him under sub-regulation (1.) of this regulation and any allowances that would, but for this sub-regulation, be payable to him under regulations 25 and 27 of these Regulations, the daily rate of active pay payable to him is a rate equal to that higher sum and, where he is paid at that rate,


he is not eligible to be paid active pay under sub-regulation (1.) of this regulation or any allowances under regulations 25 and 27 of these Regulations.”.

(2.) Where a man is appointed an officer under the Upper Yardman Training Scheme with seniority in the rank to which he is appointed of a date on or after the first day of January, 1962, but before the commencement of this regulation, the provisions of the sub-regulations inserted in the Naval Financial Regulations by the last preceding sub-regulation apply, by virtue of this sub-regulation, to and in relation to him in respect of the period from and including the date on and from which his seniority in that rank dates to and including the day immediately preceding the commencement of this regulation.

(3.) In the last preceding sub-regulation, “the Upper Yardman Training Scheme” has the same meaning as in regulation 9 of the Naval Financial Regulations.

Command money.

5. Regulation 18 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

“18. An allowance, called ‘command money’, is payable, in accordance with the next two succeeding regulations, to an officer holding an appointment or rank specified in the first column of the following table at the rate specified in the second column of that table in relation to that appointment or rank:—

First Column.

Second Column.

Appointment or Rank.

Rate per Day.

 

£

s.

d.

Commodore, or Captain, appointed in command of an aircraft carrier, fast transport vessel, fleet replenishment tanker, or a group of any such ships              

1

0

0

Captain appointed as Captain (D) or Captain (F) .............................

1

0

0

Captain appointed in command of a ship or a group of ships, not being an appointment of a kind referred to in a preceding item in this table              

 

14

0

Commander or Commander (S.D.) ......................................

 

10

0

Lieutenant-Commander, Lieutenant-Commander (S.D.) or Lieutenant ...............

 

6

0

Lieutenant (S.D.), Sub-Lieutenant or Sub-Lieutenant (S.D.) ......................

 

4

0

Officers eligible for command money.

6. Regulation 19 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “,Second Class,”; and

(b) by omitting from paragraph (d) of sub-regulation (1.) the words “a ship, of or above cruiser status,” and inserting in their stead the words “an aircraft carrier, a fast transport vessel or a fleet replenishment tanker”.

Surveying pay.

7. Regulation 25 of the Naval Financial Regulations is amended by inserting in sub-regulation (1.), after the words “Subject to”, the words “sub-regulation (3a.) of regulation 9 of these Regulations and to”.

Submarine pay—officers.

8. Regulation 27 of the Naval Financial Regulations is amended by inserting in sub-regulation (1.), after the words “Subject to”, the words “sub-regulations (3.) and (3a.) of regulation 9 of these Regulations and to”.


Heading to Division 2 of Part II.

9. The heading to Division 2 of Part II. of the Naval Financial Regulations is repealed and the following heading inserted in its stead:—

Division 2.Other Cadet Midshipmen.”.

Difference of mess subscription allowance.

10. Regulation 121 of the Naval Financial Regulations is amended by inserting, after the words “Cadet Midshipman”, the words “(other than a Midshipman or Cadet Midshipman who is eligible to be paid active pay at a rate calculated in accordance with the provisions of sub-regulation (3.) or sub-regulation (3a.) of regulation 9 of these Regulations)”.

Application of regulations 5 and 6.

11. Regulations 18 and 19 of the Naval Financial Regulations, as amended by these Regulations, apply to and in relation to an officer who had been appointed in command of a fleet replenishment tanker before the commencement of this regulation as if the amendments of those regulations effected by regulations 5 and 6 of these Regulations had come into operation on the fifteenth day of August, 1962.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Naval Defence Act 1910-1952, enacted by the Parliament of Australia, was the foundational legislation governing the naval defence forces of Australia, providing the legal framework for the establishment, operation, and administration of the Royal Australian Navy. The Act aimed to fill the legislative gap in regulating naval forces following the federation of Australia, ensuring a structured approach to national maritime defence. The 1962 Statutory Rules, No. 107, represents a legislative instrument under this Act, made by the Administrator of the Government of the Commonwealth of Australia, with advice from the Federal Executive Council. These regulations primarily address amendments to the Naval Financial Regulations, including adjustments to the pay and allowances for naval officers and cadet midshipmen, as well as the introduction of new training schemes. The policy objective of these regulations is to ensure that the financial management of naval personnel is aligned with contemporary training practices and operational requirements, thereby maintaining the efficiency and effectiveness of the naval forces.

Scope and Application

The Statutory Rules 1962 No. 107, Regulations under the Naval Defence Act 1910-1952, primarily focus on amending the Naval Financial Regulations to update the remuneration and allowances for officers, including Cadet Midshipmen, within the Australian Defence Force, specifically the Royal Australian Navy. These regulations apply to officers and Cadet Midshipmen appointed under the Upper Yardman Training Scheme, as well as other Cadet Midshipmen, and affect their active pay, allowances, and other financial benefits. The regulations also establish specific rates for command money payable to officers holding certain command appointments. The amendments to the regulations have a national reach, applying to all officers and Cadet Midshipmen within the Commonwealth of Australia, and are effective as per the dates specified within the regulations. The regulations do not explicitly outline exclusions or exemptions but implicitly exclude those not covered by the defined categories of officers and Cadet Midshipmen. Subordinate instruments may extend or further detail the application of these regulations.

Key Provisions

The principal operative sections of the Statutory Rules 1962, No. 107, involve amendments to the Naval Financial Regulations under the Naval Defence Act 1910-1952. These amendments are detailed in Regulations 3, 4, 9, 18, 19, 25, 27, and 121 of the Naval Financial Regulations. For instance, Regulation 3 modifies the heading of Division 1 to include Cadet Midshipmen appointed under the Upper Yardman Training Scheme, while Regulation 4 introduces definitions for the Aircrew Training Scheme and the Upper Yardman Training Scheme. Regulation 9 modifies the daily rates of active pay for Cadet Midshipmen appointed under the Upper Yardman Training Scheme and Midshipmen or Acting Sub-Lieutenants appointed under the same scheme, as outlined in sub-regulations (3) and (3a). Regulation 18 specifies the allowance called ‘command money’ payable to officers in various ranks and appointments, while Regulation 19 clarifies the eligibility criteria for receiving this allowance. Regulation 25 and Regulation 27 adjust the surveying pay and submarine pay for officers, respectively, to align with the new provisions in Regulation 9. Regulation 121 alters the difference of mess subscription allowance for Cadet Midshipmen, excluding those eligible for active pay under the Upper Yardman Training Scheme. The Act imposes several obligations on the parties it governs, including the provision of financial allowances and pay rates for officers in the naval forces. These obligations are specifically detailed in the amended regulations, which set out the criteria and rates for active pay, allowances, and other financial benefits. For example, Regulation 9 stipulates the daily rates of active pay for Cadet Midshipmen appointed under the Upper Yardman Training Scheme, while Regulation 18 details the command money payable to officers in various ranks and appointments. Furthermore, Regulation 19 sets out the eligibility criteria for receiving command money, and Regulation 25 and Regulation 27 outline the surveying pay and submarine pay for officers. The Act also mandates that Regulations 18 and 19, as amended, apply to officers who had been appointed in command of a fleet replenishment tanker before the commencement of these Regulations, as if the amendments had come into operation on the fifteenth day of August, 1962. Breaches of the provisions in these Regulations may result in civil or criminal consequences. However, the Statutory Rules 1962, No. 107, do not explicitly state any specific offences, penalties, or maximum penalties for breach. The consequences of non-compliance would likely be determined by the relevant sections of the Naval Defence Act 1910-1952 or other applicable legislation. It is essential for parties governed by these Regulations to ensure adherence to the specified financial allowances and pay rates to avoid potential legal repercussions.

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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.