STATUTORY RULES.
1922. No. 164.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
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 1910-1918, to come into operation on and from the dates specified herein.
Dated this twenty-fifth day of October, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Defence.
Amendment of Naval Financial Regulations.
(Statutory Rules, 1920, No. 248, as amended to present date.)
1. Regulation 35 is amended, as from 1st October, 1922, by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) Outfit Gratuities on Entry and Promotion.—An Outfit Gratuity may be paid to an Officer on first joining, or on promotion to Officer rank, or on confirmation of appointment, in accordance with the following scale:—
Rank or Branch. | Amount. |
| £ |
Officers—Medical or Dental................................ | 50 |
Mate or Mate (E) on promotion to Lieutenant or Engineer-Lieutenant (if first promoted to Acting Lieutenant or Acting Engineer-Lieutenant, an Officer will receive a gratuity of £40, the balance of £10 being payable on confirmation) | 50 |
Commissioned Officer from Warrant Rank, and Warrant Officer on promotion to Lieutenant, and Senior Master promoted to Head Master | 50 |
Schoolmaster Candidate on entry............................. | 20 |
Schoolmaster, on confirmation............................... | 20 |
Officers of the Military Branch and Accountant Branch on promotion to the confirmed rank of Sub-Lieutenant | 50 |
Petty Officer on promotion to Warrant Officer or Acting Warrant Officer... | 50 |
Petty Officer or other rating on promotion to Acting Mate or Acting Mate (E) | 50 |
Officers (all branches) appointed for temporary service on first entry...... | 30 |
Chaplains on entry....................................... | 30”. |
2. Regulation 38 is amended forthwith by omitting from the first line of each of sub-regulations (35), (37) and (37a) the word “Attendant” and inserting in its stead the word “Assistant”.
3. Regulation 64 is amended, as from 1st July, 1920, by adding at the end thereof the following sub-regulation:—
“(4) The High Cost of Living Allowance herein referred to shall be regarded as part of the member’s rate of pay for the purpose of ascertaining the pay for which the member is eligible when granted leave or furlough.
When payment of a lump sum gratuity is granted in lieu of extended leave or furlough under regulations 108 or 109, the High Cost of Living Allowance shall be included in the payment in respect of the whole period covered by the gratuity at the rate which the member was entitled to receive at date of termination of appointment.”
4. Regulation 108 is amended, as from 1st July, 1922, by inserting after sub-regulation (2) the following sub-regulation:—
“(2a) Members of the Permanent Naval Forces who served under the terms of the Naval Agreement Act 1903, and who are retired voluntarily or compulsorily in pursuance of the decision of the Government to re-organize and retrench the Department of Defence, may, for the purpose of furlough, be allowed to count service under the terms of the Naval Agreement Act 1903 as service in the service of the Commonwealth under the provisions of the Defence Act or Naval Defence Act, provided that service under the Defence Act or Naval Defence Act is continuous with service under the Naval Agreement Act 1903.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Naval Defence (Naval Financial) Regulations 1922, made under the authority of the Naval Defence Act 1910-1918, were introduced to amend existing financial regulations within the Australian Naval Forces. The Governor-General, acting on advice from the Federal Executive Council, enacted these regulations to address issues related to the financial compensation and allowances for naval officers and enlisted personnel. The objective was to provide a structured and equitable framework for the payment of outfit gratuities, allowances, and other financial benefits. These regulations aimed to ensure that naval personnel received appropriate financial support in accordance with their rank, service conditions, and the cost of living, thereby maintaining morale and efficiency within the naval forces.
Scope and Application
The Regulations under the Naval Defence Act 1910-1918 apply specifically to the members of the Australian Navy, encompassing officers and enlisted personnel, including those in the Medical, Dental, and Military branches, among others. These regulations pertain to financial matters such as outfit gratuities on entry and promotion, allowances for high living costs, and provisions regarding furlough and gratuity payments. The scope of the regulations extends to those who have served under the terms of the Naval Agreement Act 1903, as well as those who are members of the Permanent Naval Forces and have been affected by the decision to re-organise and retrench the Department of Defence. The regulations also specify the geographic application within the Commonwealth of Australia, governing financial entitlements and service conditions for naval personnel across the country. There are no explicit exclusions or exemptions mentioned in the text, but the provisions apply conditionally to certain categories of service and retirement. The regulations may be further extended or modified through subordinate instruments as necessary.
Key Provisions
The main provisions of the Regulations under the Naval Defence Act 1910-1918 include amendments to the Naval Financial Regulations. Regulation 35 is amended to establish a new scale for outfit gratuities payable to officers on joining, promotion, or confirmation of appointment (Regulation 35(2)). Regulation 38 is amended to replace the term “Attendant” with “Assistant” in sub-regulations (35), (37), and (37a) (Regulation 38). Regulation 64 is further amended to include the High Cost of Living Allowance in pay calculations for leave or furlough, and in lump sum gratuity payments (Regulation 64(4)). Finally, Regulation 108 is amended to allow members of the Permanent Naval Forces, who served under the Naval Agreement Act 1903, to count their service under that act as service in the Commonwealth, for furlough purposes, provided the service is continuous (Regulation 108(2a)).
The Regulations impose several obligations on the parties they govern. They mandate that outfit gratuities be paid in accordance with the new scale specified in Regulation 35(2). The term “Assistant” replaces “Attendant” in relevant sub-regulations, as outlined in Regulation 38. The High Cost of Living Allowance must be included in pay calculations for leave or furlough and in lump sum gratuity payments, as stipulated in Regulation 64(4). Furthermore, Regulation 108(2a) allows eligible members to count their prior service under the Naval Agreement Act 1903 as service under the Defence Act or Naval Defence Act for furlough purposes, provided their service is continuous.
There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the text of these Regulations. However, non-compliance with these financial regulations could potentially lead to disputes or legal actions regarding the correct payment of outfit gratuities, allowances, or furlough entitlements. The specific consequences would depend on the nature and extent of the breach, and could involve administrative or legal remedies to rectify the non-compliance and ensure proper financial treatment of the affected personnel.