STATUTORY RULES.
1941. No. 89.
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REGULATION UNDER THE DEFENCE ACT 1903-1939 AND THE NAVAL DEFENCE ACT 1910-1934.*
I, THE DEPUTY OF GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934.
Dated this thirtieth
day of April , 1941.
Deputy Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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Amendment of the Naval Financial Regulations.†
Supply of spectacles.
Regulation 119a of the Naval Financial Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Spectacles for reading may be supplied to any rating suffering from presbyopia when the Medical Officer certifies that, by the use of such spectacles, symptoms may be relieved, eyesight conserved and invaliding avoided”.
*Notified in the Commonwealth Gazette on , 1941.—Sixtieth amendment.
†Statutory Rules 1926, No. 198, as amended by Statutory Rules 1927, Nos. 28, 59 and 102; 1928, Nos. 18, 49, 87 and 138; 1929, Nos. 35, 64, 90 and 136; 1930, Nos. 30, 88 and 153; 1931, Nos. 52 and 97; 1932, Nos. 32, 33, 78 and 89; 1933, Nos. 5, 50, 100 and 130; 1934, Nos. 32, 44, 58, 108 and 118; 1935, Nos. 6, 27, 86, 110 and 135; 1936, Nos. 40, 70, 77, 118 and 159; 1937, Nos. 5, 51 and 80; 1938, Nos. 17, 47, 66, 92, 116 and 121; 1939, Nos. 28, 58, 70, 71 and 131; 1940, Nos. 3, 124, 209, 225 and 254; and 1941, No. 22.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1103.—8/24.2.1941.—Price 3d.
Overview
The Statutory Rules 1941, No. 89, issued under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, aim to amend the existing Naval Financial Regulations by addressing a specific need within the naval forces. Enacted by the Deputy Governor-General with the advice of the Federal Executive Council, the regulation seeks to ensure that any rating suffering from presbyopia, a common age-related vision condition, can receive reading spectacles when medically necessary. This policy objective ensures that such personnel can maintain their duties without the risk of invaliding due to untreated vision problems, thereby promoting both the well-being of the individual and the operational efficiency of the naval forces. The regulation is a practical step to fill a gap in the existing naval financial provisions, ensuring that necessary medical supplies are available to those who need them.
Scope and Application
The Statutory Rules 1941, No. 89, made under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934, pertains specifically to the amendment of the Naval Financial Regulations to allow for the supply of reading spectacles to naval ratings suffering from presbyopia. This regulation applies to any naval ratings who are certified by a medical officer to benefit from such spectacles, aiming to relieve symptoms, conserve eyesight, and prevent invaliding. The regulation is part of the broader legislative framework governing the Australian Defence Force and naval personnel, thus applying nationally within the Commonwealth of Australia. The regulation itself does not explicitly state any exclusions, exemptions, or thresholds but rather focuses on enabling the supply of reading spectacles under specific medical conditions. The application of this regulation extends through subordinate instruments which may further detail the implementation and administration of the provision of these spectacles.
Key Provisions
The Regulation under the Defence Act 1903-1939 and the Naval Defence Act 1910-1934 primarily amends the Naval Financial Regulations concerning the supply of spectacles. Specifically, Regulation 119a is amended to allow for the provision of reading spectacles to any naval rating diagnosed with presbyopia (Regulation 119a(2)). This provision is contingent upon the certification by a Medical Officer that the use of such spectacles will alleviate symptoms, conserve eyesight, and potentially prevent the rating from being medically discharged.
This amendment imposes a clear obligation on the Medical Officer to assess and certify the necessity of reading spectacles for any rating suffering from presbyopia. The certification must confirm that the use of such spectacles will indeed relieve symptoms, conserve eyesight, and avoid invaliding. This requirement ensures that any provision of spectacles is medically justified and will benefit the service member’s health and continued service capability.
Failure to comply with the requirements set out in this Regulation could potentially lead to administrative or disciplinary action, though specific civil or criminal consequences are not detailed in the text. The penalties for non-compliance would typically be governed by the overarching Defence and Naval Defence Acts, which could include fines, administrative sanctions, or other disciplinary measures as deemed appropriate by the relevant authorities. However, the exact nature and severity of these penalties are not explicitly stated in the provided text.