Naval Forces of the Commonwealth Regulations 1906 (Amendment) (Provisional)

Legislation au C1912L00241 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1912. No. 241.

 

 

PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910–11.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naval Defence Act 1910–11, should come into immediate operation and further should be taken to have come into operation on the first day of December, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.

Dated this twelfth day of December, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

REGULATIONS (PROVISIONAL) FOR THE NAVAL FORCES OF THE COMMONWEALTH.

Amendments.

PART II.—PERMANENT NAVAL FORCES.

Section I.—Entries, Commissions, and Promotions of Officers; and Section II.—Entry and Promotion of Seamen, Stokers, and Boys.

Regulations 18 to 53 inclusive are hereby cancelled, and the following Regulation is substituted therefor:—

18. The entry, appointment, and promotion of Officers and men are to be governed by the Regulations contained in the King’s Regulations and Admiralty Instructions except in those cases where special regulations are made for the Royal Australian Navy.

Section IV.—Discharges, Retirements, and Dismissals.

Add Regulation 60 (a)—Petty Officers, Seamen, and others below the rank of Warrant Officer who arc entered or who re-engage on or after 1st December, 1912, shall be permitted, subject to the approval of the Naval Board, to purchase their discharge on the following terms:—

(a) Up to but not exceeding one month from date of first entry, £10.

(b) After one month, but not exceeding three months from date of first entry, £20.

C.12631.—Price 3d.

(c) After three months from date of first entry—

(I.) Boys under 18 years of age, £40.

(II.) Men—

(1) Up to three years’ service since date of engagement, £48.

(2) Over three years and up to four years’ service since date of engagement, £36

(3) Over four years’ service since date of engagement, £24

(d) After re-engagement—

(1) Up to three years’ service since date of re-engagement, £12,

(2) Over three years’ service since date of re-engagement, £8.

Service must be actual service in receipt of wages as recorded on the Service Certificate.

Section V.—Interior Economy.

Regulations 65, 66, 67, 68, 74, and 76 are hereby cancelled, and the following substituted therefor:—

65. The Regulations contained in Chapters XVII., XVIII., and Sections II., III., IV., and V. of Chapter XIX. of the King’s Regulations and Admiralty Instructions, as amended by the Addenda and Admiralty Circular Letters relating thereto (particularly Admiralty Circular Letter No. 32, dated 7th September, 1912) shall apply to the Naval Forces subject to the following modifications:—

The following articles and clauses are not to apply:—

Article 721.

Article 727, paragraphs 2 and 4, and Article 728, clause 2 (b); subsequent articles being amended as necessary in consequence.

Article 737.

Article 738, clauses 7 to 16 and 22, and all reference to Gratuity.

Article 744, Table II., Punishments 15, 18, 19, 20, 21, and 22.

Articles 784, 785, 787, 788, 789.

(Note.—The punishments contained in Table II. are not applicable to boys under training in H.M.A. Training Ships and Establishments, for whom special Regulations have been adopted, but, subject to the omissions referred to above, they apply to all other ratings).

All reference to the Royal Marines is to be cancelled.

Wherever the words “Home,” “United Kingdom,” “England” or similar words occur, the words “Commonwealth of Australia” are to be read.

Wherever reference to the Admiralty, Commander-in-chief, or other Flag Officer is necessary, reference is, for the present, to be made to the Naval Board.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the Naval Defence Act 1910-11, enacted as Statutory Rules 1912 No. 241, were introduced to address the urgent need for establishing and governing the administrative and operational aspects of the Royal Australian Navy. These regulations, issued by the Governor-General in Council on behalf of the Parliament of Australia, aim to provide a provisional framework until a more comprehensive legislative approach could be developed. The primary focus of these regulations is to align the administrative practices of the Royal Australian Navy with the King’s Regulations and Admiralty Instructions, while allowing for necessary modifications to suit the unique context of the Commonwealth of Australia. This includes adjustments to the entry, commissions, promotions, and discharges of naval personnel, as well as modifications to the interior economy regulations of the naval forces to better fit the Australian context.

Scope and Application

The Provisional Regulations under the Naval Defence Act 1910–11 apply to the personnel of the Commonwealth's Naval Forces, including officers, seamen, stokers, and boys, with specific provisions governing their entry, commissions, promotions, discharges, retirements, and dismissals. These regulations are intended to ensure a structured and orderly process for managing the personnel within the Royal Australian Navy, aligning with the King’s Regulations and Admiralty Instructions while allowing for special regulations tailored for the Australian context. The scope of the Act extends to the entire Commonwealth of Australia, reflecting its national jurisdiction and impact on the military personnel engaged in the naval defence of the country. Notably, the regulations exclude certain articles and clauses from the King’s Regulations and Admiralty Instructions, such as specific punishments and references to the Royal Marines, and replace terms like "Home" or "United Kingdom" with "Commonwealth of Australia." The application of these regulations is further extended through subordinate instruments, which may amend or modify the rules as necessary.

Key Provisions

The main operative sections of these Provisional Regulations under the Naval Defence Act 1910-11 (C1912L00241) include significant changes to the entry, commission, and promotion of officers and men, as well as the entry and promotion of seamen, stokers, and boys (section 18). Furthermore, there are modifications to discharges, retirements, and dismissals (section 60(a)), and adjustments to interior economy (section 65). These sections outline the specific requirements and conditions for these processes within the Royal Australian Navy. Section 18 states that the entry, appointment, and promotion of officers and men will be governed by the King’s Regulations and Admiralty Instructions, except where special regulations are made for the Royal Australian Navy. Section 60(a) adds a new regulation allowing certain personnel to purchase their discharge under specific terms and conditions. Section 65 modifies existing regulations to apply to the Naval Forces, with certain exclusions and amendments as specified. The obligations and requirements imposed by these Regulations include adherence to the specified terms and conditions for the purchase of discharge for certain personnel (section 60(a)). Personnel who wish to purchase their discharge must do so under the conditions outlined, which include various financial amounts based on the length of service. Additionally, these Regulations require compliance with the King’s Regulations and Admiralty Instructions, subject to modifications and exclusions as specified (section 65). This means that the Royal Australian Navy must align its practices with these overarching regulations while also adhering to the particular adjustments and exclusions noted in the Provisional Regulations. The Provisional Regulations also establish offences and penalties for non-compliance. While specific offences and penalties are not detailed within the text, it is implied that failure to adhere to the prescribed terms and conditions for discharge, as well as non-compliance with the modified regulations, could result in legal consequences. Given the context of the Naval Defence Act 1910-11 and the nature of military regulations, breaches of these Provisional Regulations could potentially lead to disciplinary actions, fines, or other penalties as determined by applicable laws and military regulations. The precise nature and extent of penalties would be governed by further detailed military law and disciplinary procedures.

Legal classification tags

Area of Law
Military Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.