Naval Financial Regulations (Amendment)

Legislation au C1969L00177 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 177

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this sixth day of November, 1969.

Paul Hasluck

Governor-General

By His Excellency’s Command,

C. R. KELLY

Minister of State for the Navy.

 

Amendments of the Naval Financial Regulations†

Medical and dental officers—active pay.

1.—(1.) Regulation 10 of the Naval Financial Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The daily rate of active pay payable to an officer of the Medical Branch who is a Surgeon Lieutenant and holds a position of resident medical officer at a hospital is Twelve dollars thirty-nine cents.”.

(2.) The daily rate of active pay provided for in sub-regulation (2.) of regulation 10 of the Naval Financial Regulations as amended by the last preceding sub-regulation applies in relation to service, on or after the fourth day of July, 1969, of a Surgeon Lieutenant of the Medical Branch who held or holds a position as a resident medical officer at a hospital.

Consolidated rates of pay.

2.—(1.) Regulation 15 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “Twelve thousand seven hundred and twenty-eight dollars” and inserting in their stead the words “Fifteen thousand and eighteen dollars”;

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) Subject to the next succeeding sub-regulation, the rate of pay of a Commodore is a consolidated rate of pay of Twelve thousand six hundred and fifty-eight dollars, per year.

“(4a.) The rate of pay of a Surgeon Commodore or a Surgeon Commodore (D) is a consolidated rate of pay of Thirteen thousand eight hundred and thirty-eight dollars per year.”; and

(c) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Subject to such conditions as the Naval Board determines, an officer, other than a Surgeon Captain or a Surgeon Captain (D), holding the rank of Captain may be paid at the consolidated rate of pay payable under sub-regulation (4.) of this regulation to a Commodore as if he held the rank of Commodore instead of at the rate of active pay payable to a Captain.”.

 

 

* Notified in the Commonwealth Gazette on  1969.

† Statutory Rules 1956, No. 88, as amended to date. For previous amendments of the Naval Financial Regulations, see footnote † Statutory Rules 1969, No. 5, and see also Statutory Rules 1969, Nos. 5, 41 and 55.

23276/69—Price 5c 10/17.10.1969


(2.) The rates of pay provided for in sub-regulations (3.) and (4.) of regulation 15 of the Naval Financial Regulations as amended by the last preceding sub-regulation apply in relation to service of a Rear Admiral, of a Commodore (not being a Surgeon Commodore or a Surgeon Commodore (D)) or of a Captain entitled to be paid at the consolidated rate of pay payable to a Commodore, as the case may be, in the Permanent Naval Forces on or after the twenty-second day of September, 1969.

3. Regulation 266 of the Naval Financial Regulations is repealed and the following regulation inserted in its stead:—

General conditions of service.

“266.—(1.) The provisions of Parts V., VI. (other than regulations 134, 136 and 149), VIII., X. (other than regulations 212, 213, 214 and 215), XI., XII., and XIII., and of regulations 88a, 175, 176, 177, 181 and 182 of these Regulations, apply to and in relation to the service of a member to which regulation 264 of these Regulations applies as if that service were service in the Permanent Naval Forces of a member of the Permanent Naval Forces having the like rank or rating as the member has.

“(2.) In the application of regulations 135, 135a and 135b of these Regulations in relation to the service of a member to which regulation 264 in these Regulations applies, references to the discharge of a man shall be read as references to a man ceasing to render continuous full time naval service of a kind specified in sub-regulation (1.) of that last-mentioned regulation.

“(3.) Where—

(a) a member immediately upon becoming a member commences to render a period of continuous full time naval service to which regulation 264 of these Regulations applies; and

(b) the member had, immediately before becoming a member, retired from the Permanent Naval Forces on or subsequent to his having attained the age for his compulsory retirement,

Part XIII. applies in relation to him as if his period of service in the Permanent Naval Forces and his period of continuous full time naval service in the Naval Emergency Reserve Forces or the Citizen Naval Forces that commences immediately after his retirement from the Permanent Naval Forces were one continuous period of full time naval service in the Naval Emergency Reserve Forces or the Citizen Naval Forces.

“(4.) In the application of this regulation in relation to a member whose prescribed age of compulsory retirement is extended, references to the age for his compulsory retirement shall be read as references to the age that would be the aye for his compulsory retirement but for that extension.”.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 177, made under the Naval Defence Act 1910-1968, were enacted by the Governor-General in Council on 6 November 1969 to address the need for updated financial regulations within the naval forces. This legislative instrument amends the Naval Financial Regulations to reflect changes in pay rates for various ranks within the Medical Branch, including Surgeon Lieutenants, and consolidates rates of pay for Commodores, Rear Admirals, and Captains. These amendments aim to ensure that the remuneration for naval personnel remains fair and reflective of their roles and responsibilities, thereby maintaining morale and efficiency within the service. The Regulations were introduced to provide clarity and updated financial structures in response to evolving needs within the naval forces, ensuring that compensation is appropriately aligned with the duties and ranks of the personnel involved.

Scope and Application

The Statutory Rules 1969 No. 177, Regulations under the Naval Defence Act 1910-1968, apply to members of the Australian Defence Force, specifically within the Naval Emergency Reserve Forces and the Citizen Naval Forces, and establish financial regulations for these members. The regulations govern the pay and conditions of service for various ranks, including adjustments to the daily rate of active pay for medical and dental officers and consolidated rates of pay for Commodores, Rear Admirals, and Captains. The amendments affect service rendered on or after specific dates in 1969 and extend to the payment conditions of those who have retired from the Permanent Naval Forces and subsequently joined the Naval Emergency Reserve Forces or the Citizen Naval Forces. The geographic reach of these regulations is national, as they pertain to the Australian Defence Force across the Commonwealth. Exclusions and exemptions from these regulations are minimal, primarily focusing on specific roles and conditions outlined within the document. The application and interpretation of these regulations may be further defined through subordinate instruments, ensuring that they remain relevant and effective within the changing context of naval service.

Key Provisions

The Regulations under the Naval Defence Act 1910-1968 primarily amend the Naval Financial Regulations, adjusting the pay rates for various ranks and positions within the naval forces. Regulation 10 revises the daily rate of active pay for a Surgeon Lieutenant who serves as a resident medical officer at a hospital, setting it at Twelve dollars thirty-nine cents (1). This adjustment applies to service rendered on or after 4 July 1969. Regulation 15 modifies the consolidated rates of pay for Commodores, Surgeon Commodores, and Captains. The annual consolidated rate for a Commodore is set at Twelve thousand six hundred and fifty-eight dollars (2(4)), while for a Surgeon Commodore or a Surgeon Commodore (D) it is Thirteen thousand eight hundred and thirty-eight dollars (2(4a)). Additionally, a Captain holding a specific rank may be paid at the same consolidated rate as a Commodore, subject to Naval Board conditions (2(6)). These revised pay rates are applicable to service on or after 22 September 1969 (2). Regulation 266 repeals the previous regulation regarding general conditions of service and introduces new provisions that apply to members of the Naval Emergency Reserve Forces or the Citizen Naval Forces who commence continuous full-time naval service after retiring from the Permanent Naval Forces (3). The Act imposes certain obligations on the parties it governs, particularly concerning the payment of updated rates of pay as specified in the amended regulations. The Naval Board is tasked with ensuring that the new pay rates are correctly applied to eligible officers, and that any officers who qualify for consolidated pay rates are appropriately compensated. Additionally, the Act requires that the changes to the rates of pay be applied retroactively to service rendered from the specified dates, ensuring that officers receive back pay if they were underpaid due to the previous rates. Violation of the provisions in these Regulations could lead to several consequences. While the document does not explicitly state offences or penalties, breaches of the financial regulations could result in administrative or disciplinary actions under the Naval Defence Act 1910-1968. The severity of penalties would depend on the nature and extent of the breach, and could potentially include financial restitution or other corrective measures. Given the context of military regulations, severe breaches might also lead to criminal charges under relevant military laws, with penalties determined by the applicable military justice system.

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