STATUTORY RULES.
1913. No. 73.
PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1911.
Regulation (provisional) for the Naval Forces of the Commonwealth—Part II., Permanent naval forces—Regulation 55—Amendment.
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 Regulation under the Naval Defence Act 1910-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this nineteenth day of March, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE NAVAL FORCES OF THE COMMONWEALTH.
Part II.—Permanent Naval Forces. Section III.—Retirements and Resignations.
Addition.
Add to Regulation 55, as amended, the following:—
Rank or Appointment. | Age for Retirement. |
Officers of rank, or relative rank, of Sub-Lieutenant, or above, who have been promoted from Commissioned Warrant Officer (Administrative and Instructional Staff), and Commissioned Warrant Officers (Administrative and Instructional Staff) | 60 |
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.3268.—Price 3d.
Overview
The Statutory Rules of 1913 No. 73, specifically the Provisional Regulations under the Naval Defence Act 1910-1911, were enacted to provide immediate operational amendments concerning the permanent naval forces of the Commonwealth. The urgency of these regulations was acknowledged by the Governor-General in Council, leading to their immediate effect as provisional measures. The regulations aimed to address operational needs swiftly, allowing the Commonwealth to manage its naval forces effectively without delay. These provisional regulations were intended to streamline administrative processes within the naval forces, particularly focusing on retirements and resignations of officers, reflecting the evolving requirements of the naval service at that time.
Scope and Application
The Provisional Regulations under the Naval Defence Act 1910-1911 specifically apply to officers within the naval forces of the Commonwealth, particularly those of the rank of Sub-Lieutenant or above who have been promoted from the ranks of Commissioned Warrant Officer (Administrative and Instructional Staff) and Commissioned Warrant Officers (Administrative and Instructional Staff). This regulation pertains to the retirement age for such officers, setting it at 60 years. The regulation operates on a national level, impacting all officers within the Commonwealth of Australia who meet the specified criteria. The regulation is designed to provide immediate effect due to its urgency, as certified by the Governor-General in accordance with the advice of the Federal Executive Council. Any further extensions or restrictions of the application of these regulations may be enacted through subordinate instruments as needed.
Key Provisions
The main operative sections of the Provisional Regulations under the Naval Defence Act 1910-1911, as amended by the addition to Regulation 55, concern the retirement age for certain officers within the naval forces. Specifically, Section III of Part II establishes that officers of the rank of Sub-Lieutenant or above, who have been promoted from the ranks of Commissioned Warrant Officer (Administrative and Instructional Staff) and Commissioned Warrant Officers (Administrative and Instructional Staff), must retire at the age of 60 (Reg. 55). This provision sets a mandatory retirement age for these specific categories of officers.
The Act imposes obligations on the relevant officers to adhere to the retirement age specified. These officers are required to retire upon reaching the age of 60, ensuring a structured transition of command and maintaining the efficiency and effectiveness of the naval forces. The regulation also applies to those who have been promoted from the ranks of Commissioned Warrant Officer (Administrative and Instructional Staff), thereby ensuring that all officers within these categories follow the same retirement protocol.
For breach of the retirement provisions outlined in the Act, there are no explicit offences or penalties stated within the regulation itself. However, non-compliance with the mandatory retirement age could result in disciplinary actions under the Defence Force Discipline Act 1982. Officers who continue to serve beyond their designated retirement age may face administrative consequences, including potential legal actions for continued employment in violation of the Act. The specific penalties for such breaches would be determined in accordance with the relevant military regulations and disciplinary procedures.