Statutory Rules
1980 No. 223
REGULATIONS UNDER THE NAVAL DEFENCE ACT 19101
I, THE GOVERNOR-GENERAL 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.
Dated this twenty-ninth day of July 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence
AMENDMENTS OF THE NAVAL FINANCIAL REGULATIONS2
Interpretation
1. Regulation 4 of the Naval Financial Regulations is amended by adding at the end of sub‑regulation (1) the following definition:
“ ‘weekend or periodic detention’ means detention or imprisonment in pursuance of a law providing for—
(a) weekend detention or imprisonment; or
(b) periodic detention or imprisonment.”.
Member awaiting trial or undergoing imprisonment
2. Regulation 91 of the Naval Financial Regulations is amended—
(a) by omitting from sub-regulation (1) “a period of imprisonment or” and substituting “imprisonment,”; and
(b) by adding at the end of that sub-regulation “, other than a period of weekend or periodic detention under a sentence imposed by a civil court”.
Stoppage of pay and allowances during imprisonment, &c.
3. Regulation 129 of the Naval Financial Regulations is amended by inserting in paragraph (c) of sub-regulation (1) “, other than a sentence of weekend or periodic detention,” after “court” (second occurring).
4. After regulation 129 of the Naval Financial Regulations the following regulation is inserted:
Receipt of pay or allowances while under sentence of weekend or periodic detention
“129A. For the purposes of section 119 of the Defence Act, a member shall receive his pay and allowances while under sentence of weekend or periodic detention imposed by a civil court.”.
Application
5. (1) The Naval Financial Regulations, as amended by regulations 1, 3 and 4, apply in relation to a member awaiting trial or undergoing imprisonment, detention or confinement in cells after 31 December 1979.
(2) Where a member was awaiting trial or undergoing imprisonment, detention or confinement in cells immediately before the date of commencement of these Regulations and continues to await trial or continues to undergo imprisonment, detention or confinement in cells, as the case may be, on that date, regulation 91 of the Naval Financial Regulations, as in force immediately before the date of commencement of these Regulations, shall continue to apply in relation to the member in respect of the period during which he continues to await trial or continues to undergo imprisonment, detention or confinement in cells, as the case may be, on and after that date.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 5 August 1980.
2. Statutory Rules 1956 No. 88 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 36 and see also Statutory Rules 1980 Nos. 36, 48, 58, 59, 60, 81, 96, 131, 161, 162, 163, 164, 173, 179 and 219.