Naval Financial Regulations (Amendment)

Legislation au C1974L00074 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 74

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1973.

Dated this fifteenth day of May, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of the Minister of State for Defence.

————

Amendments of the Naval Financial Regulations

Commencement.

1. These Regulations shall be deemed to have come into operation on 1 January 1973.

Calculation of periods of service.

2. Regulation 246a of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (2) the words “Subject to the next succeeding sub-regulation, where” and substituting the word “Where”; and

(b) by omitting sub-regulation (3).

Conduct of member to be taken into account.

3. Regulation 246b of the Naval Financial Regulations is repealed.

Furlough.

4. Regulation 247 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the words “fifteen years’ ” and substituting the words “ten years’ ”; and

 

* Notified in the Australian Government Gazette on 21 May 1974.

† Statutory Rules 1956, No, 88, as amended by Statutory Rules 1957, Nos. 27, 32, 68 and 77; 1958, Nos. 25, 45 and 76; 1959, Nos. 66 and 90; 1960, No. 33; 1961, Nos. 5, 12, 24, 33, 45, 78, 90, 96, 130 and 143; 1962, Nos. 10, 19, 22, 32, 86, 96 and 107; 1963, Nos. 12, 18, 54, 61, 72, 88, 94 and 122; 1964, Nos. 5, 15, 16, 50, 51, 60, 90, 101, 104, 130, 139, 167 and 168; 1965, Nos. 46, 70, 74, 122, 140, 157, 175 and 193; 1966, Nos. 31, 33, 103 and 128; 1967, Nos. 21, 40, 56, 107, 109 and 159; 1968, Nos. 70, 77, 78, 99, 104 and 132; 1969, Nos. 5, 41, 55, 113, 119, 138, 177, 201. 208 and 209; 1970, Nos. 12, 36, 38, 60, 61, 134, 158, 180, 203 and 204; 1971, Nos. 1, 2, 46, 56, 57 and 122; 1973, Nos. 21, 35, 83, 100, 147, 182 and 200; and 1973, Nos. 81, 106, 170, 178, 208 and 254. See also the Defence Force (Salaries) Regulations (Statutory Rules 1973, No. 100, as amended by Statutory Rules 1973, Nos. 132, 201, 203, 249 and 269; and 1974, No. 71).


(b) by omitting from sub-regulation (3) the words “fifteen years” and substituting the words “ten years”.

Extended leave or pay in lieu for members not eligible for furlough.

5. Regulation 248 of the Naval Financial Regulations is amended—

(a) by omitting from sub-regulation (1) the words “fifteen years’ ” and substituting the words “ten years’ ”;

(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:—

“or (b) where the period of service of the member is not less than eight but less than ten years—three months.”;

(c) by omitting from sub-regulation (4) the words “fifteen years” and substituting the words “ten years”;

(d) by omitting from sub-regulation (4) the words “and that the unfitness is not due to misconduct or to causes within his own control”;

(e) by omitting from sub-regulation (5) the words “the next two succeeding sub-regulations” and substituting the words “sub-regulation (7)”;

(f) by omitting sub-regulation (6);

(g) by omitting from sub-regulation (7) all the words before the word “retrenched” and substituting the words “Where a member is”;

(h) by omitting from sub-regulation (7) the word “or”;

(i) by adding at the end of paragraph (c) of sub-regulation (7) the word “or”;

(j) by omitting paragraph (e) of sub-regulation (7);

(k) by omitting sub-regulation (8); and

(l) by omitting from sub-regulation (9) the words “fifteen years’ ” and substituting the words “ten years’ ”.

Overview

Statutory Rules 1974 No. 74, the Regulations under the Naval Defence Act 1910-1973, was enacted to amend the Naval Financial Regulations, addressing specific financial provisions related to the service of naval members. These regulations were issued under the authority of the Governor-General, with the advice of the Executive Council, and are deemed to have come into operation on 1 January 1973. The primary objective of these amendments is to revise the criteria for calculating periods of service, conduct of members, furlough, and extended leave or pay in lieu, with a focus on reducing the qualifying service period from fifteen years to ten years for certain financial benefits.

Scope and Application

The Statutory Rules 1974 No. 74, made under the Naval Defence Act 1910-1973, came into operation on 1 January 1973, amending the Naval Financial Regulations. These regulations apply to members of the Australian Naval Defence Force, impacting their financial entitlements such as furlough and extended leave or pay in lieu. The amendments reduce the period of service required for certain benefits from fifteen years to ten years and modify eligibility criteria for extended leave or pay in lieu. The changes are specifically focused on financial regulations and do not address conduct or other areas outside the scope of financial entitlements. The application of these regulations is national in scope, affecting all members of the Australian Naval Defence Force across Australia. The regulations do not specify any exclusions or exemptions and do not extend or restrict application through subordinate instruments.

Key Provisions

The Statutory Rules 1974 No. 74 amends the Naval Financial Regulations under the Naval Defence Act 1910-1973, introducing several key changes to service periods and leave entitlements for members of the naval force. These changes came into effect on 1 January 1973. Firstly, Regulation 246a of the Naval Financial Regulations is amended by removing specific conditions and sub-regulations, simplifying the criteria for certain provisions (Reg. 2). Secondly, Regulation 246b is repealed entirely, removing the consideration of a member's conduct in certain financial matters (Reg. 3). Thirdly, Regulation 247 is amended to reduce the required period of service for furlough from fifteen years to ten years, and modifies the leave entitlements accordingly (Reg. 4). Further amendments to Regulation 248 adjust the period of service required for extended leave or pay in lieu from fifteen years to ten years, with additional changes to the conditions and duration of such leave (Reg. 5). These Regulations impose specific obligations on the members of the naval force, including adherence to the revised service periods for furlough and leave entitlements. The changes streamline the financial regulations by removing outdated sub-regulations and simplifying the criteria for financial benefits, thus ensuring that the financial provisions are more straightforward and less complex for both the members and the administrative bodies. These amendments are designed to provide clarity and consistency in the financial entitlements of naval members based on their years of service. Failure to comply with these Regulations may result in administrative penalties, though specific penalties are not detailed within the text of the Regulations themselves. The implications of non-compliance could include financial discrepancies or disputes over entitlements, which would need to be addressed through the appropriate administrative or judicial channels under the overarching Naval Defence Act 1910-1973. The maximum penalties for such breaches would typically be determined by the relevant provisions of the Act or by any subsequent amendments or supplementary regulations.

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