Naval Financial Regulations (Amendment)

Overview

The Naval Defence Act 1910-1952 was enacted to provide for the defence of Australia by sea and to establish a naval force. This Act was intended to fill the gap in national defence by formalising the structure and operation of the Royal Australian Navy. The Act was passed by the Australian Parliament to ensure that the country had the necessary legal framework to defend its maritime borders and interests. The policy objective of the Act was to create an effective naval defence force that could contribute to national security and respond to threats both domestically and internationally. The Statutory Rules of 1962, specifically Statutory Rules No. 19, were introduced to amend the Naval Financial Regulations under the authority of the Naval Defence Act 1910-1952. These regulations, made by the Governor-General in accordance with the advice of the Federal Executive Council, aim to update the financial provisions for cadet midshipmen, including changes to their pay rates based on their stage of training and age. The changes were intended to take effect from the year of training commencing on the second day of February, 1962, and to apply to all subsequent years of training. These amendments reflect the ongoing need to adjust financial provisions to ensure they remain fair and reflective of the current economic context.

Scope and Application

The Regulations under the Naval Defence Act 1910-1952 specifically pertain to amendments of the Naval Financial Regulations, directly impacting Cadet Midshipmen in the Royal Australian Navy. These regulations affect individuals who are Cadet Midshipmen undergoing their training at the College, irrespective of their entry type—whether normal or matriculation entry—and their age, which is categorised as under or over eighteen years of age. The changes apply to the financial rates paid to Cadet Midshipmen during their various years of training, from their first through to their fourth year. Geographically, these regulations apply across the Commonwealth of Australia, as they are made under federal authority. The regulations explicitly state the adjustments to the rates of pay for Cadet Midshipmen, effective from the second day of February, 1962, and apply to all subsequent years of training. The regulations do not specify any exclusions, exemptions, or thresholds beyond the outlined categories of entry and age. The application of these regulations can be further extended or restricted through subordinate instruments, which may provide additional details or specific conditions for their implementation.

Key Provisions

The main operative sections of the Naval Financial Regulations Amendment (No. 1) Regulations 1962 (C1962L00019) revise the financial provisions for Cadet Midshipmen in the Royal Australian Navy. Regulation 1 removes the definitions of "Cadet Midshipman, normal entry" and "Cadet Midshipman, matriculation entry" from Regulation 4 of the Naval Financial Regulations. Regulation 2 amends Regulation 29 to insert a new table specifying the rates of pay for Cadet Midshipmen based on their type of entry, stage of training, and age. These changes apply to the year of training that commenced on 2 February 1962, and all subsequent years. The Regulations impose specific financial obligations on the Commonwealth for the payment of Cadet Midshipmen. These obligations include the payment of specified rates per day according to the Cadet Midshipmen's type of entry, stage of training, and age, as outlined in the amended Regulation 29. The payments are to be made to Cadet Midshipmen who are undergoing training at the Royal Australian Naval College, as detailed in the new table. Failure to comply with the requirements set out in the Regulations may result in civil or criminal consequences, although the Regulations themselves do not explicitly state any offences, penalties, or specific consequences for breach. However, non-compliance with the payment obligations could potentially be pursued under the broader legislative framework of the Naval Defence Act 1910-1952 or other applicable laws. The potential penalties for such breaches would be determined in accordance with the relevant legal provisions and any applicable regulations or guidelines.