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

Legislation au C1913L00207 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 207.

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PROVISIONAL REGULATION UNDER THE NAVAL DEFENCE ACT 1910–1912.

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 1910–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Statutory Rule 1913, No. 201, made on the fourth day of July, One thousand nine hundred and thirteen, is hereby cancelled.

Dated this sixteenth day of July, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN.

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The Regulations for the Naval Forces of the Commonwealth (Statutory Rules 1906 No. 20) are amended by adding thereto in Part IV. thereof the following Regulation:—

Application of Naval Discipline Act.

171b. The Naval Discipline Act (in this Regulation referred to as “the Act”) shall apply to the Commonwealth Naval Forces subject to the following adaptations and modifications:—

(a) All powers and functions vested in and acts authorized or required to be done by the Admiralty, Lords of the Admiralty, or the Commander-in-Chief on a foreign station under sections 24, 32, 53 (1), 57 (2), 58 (16), 61, 66, 68, 70, 72, 74, 75, 76, 78, 80, 81 (2), and 93 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board;

(b) all powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 21 and 76 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Board, and all powers and functions vested in and acts authorized or required to be done by a Secretary of the Admiralty under sections 66, 69, and 75 of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Naval Secretary of the Naval Board;

 

 

 

C.9631.—Price 3d.


(e) all power and functions vested in and acts authorized or required to be done by His Majesty under section 53 (1) of the Act, or the Admiralty, or the Commander-in-Chief on a foreign station under sections 53 (3), 58 (9), and 81 (1) of the Act in relation to the King’s Naval Forces shall in relation to the Commonwealth Naval Forces be vested in and may be exercised or done by the Governor-General;

(d) section 1 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “the manner and form for public Worship adopted for use in the Royal Australian Navy” were inserted in lieu of the words “the liturgy of the Church of England,” and as if the words “in Holy Orders” were omitted;

(e) sections 45 and 67 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the word “England”;

(f) sections 54, 70, and 80 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the word “Australia” were inserted in lieu of the words “the United Kingdom”;

(g) section 57 (1) of the Act shall, in relation to the Commonwealth Naval Forces, apply as if the words “if such subordinate officer belongs to the King’s Naval Forces, or by the Naval Board for any time not exceeding twelve months, if such subordinate officer belongs to the Commonwealth Naval Forces” ware inserted at the end thereof;

(h) section 58 (9) of the Act shall in relation to the Commonwealth Naval Forces, apply as if the words “the Naval Board or to” were inserted before the words “any officer of His Majesty’s Navy on full pay”;

(i) section 69 of the Act shall, in relation to the Commonwealth Naval Forces, apply as if after the words “the Secretary of the Admiralty for the time being” the words “if the person tried belongs or did belong at the time of the trial to the King’s Naval Forces, or if the person tried belongs or did belong at the time of the trial to the Commonwealth Naval Forces to the Naval Secretary of the Naval Board for the time being, and if such court-martial was ordered by an officer of the King’s Naval Forces, a complete and authenticated copy thereof shall be transmitted by the Judge Advocate, or Deputy Judge Advocate or person officiating as Deputy Judge Advocate to the Secretary of the Admiralty for the time being” were inserted, and as if the words “there months after the trial if the same took place within the limits of the Australian Naval Station” were inserted in lieu of the words “six months after the trial if the same takes place in the Mediterranean, three months if at any other naval station within Europe.”

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

Overview

The Provisional Regulation under the Naval Defence Act 1910–1912, enacted in 1913, aimed to address the urgent need for clear guidelines and disciplinary measures specific to the Commonwealth Naval Forces, which had been established as a distinct entity from the King’s Naval Forces. This legislation was enacted by the Federal Executive Council, with the Governor-General’s approval, to ensure that the existing Naval Discipline Act could be appropriately adapted to the new naval context of the Commonwealth. The policy objective was to establish a coherent and effective disciplinary framework tailored to the needs of the Australian Navy, reflecting the nation's sovereignty and the unique operational requirements of its naval forces.

Scope and Application

The Provisional Regulation under the Naval Defence Act 1910–1912 applies specifically to the Commonwealth Naval Forces, encompassing the personnel and operations within this branch of the Australian Defence Force. The scope of the Act extends to the adaptation and modification of the Naval Discipline Act, where certain powers and functions previously vested in British authorities, such as the Admiralty and the Commander-in-Chief, are now exercised by the Naval Board or the Governor-General. These adaptations ensure that the Act remains relevant and operational within the Australian context, with particular attention to the distinct nature of the Commonwealth Naval Forces. The regulation outlines specific sections of the Naval Discipline Act that are modified to reflect the Australian setting, including changes to religious practices, geographical references, and the duration of certain administrative processes. The application of the Act is limited to the Commonwealth Naval Forces, with no explicit mention of exclusions or exemptions, and it is enacted as a Provisional Regulation to address urgent matters immediately. The regulation may be further extended or restricted through subordinate instruments, ensuring its applicability remains aligned with evolving operational needs.

Key Provisions

The Provisional Regulation under the Naval Defence Act 1910–1912 applies the Naval Discipline Act to the Commonwealth Naval Forces, with several adaptations and modifications (section 171b). These adaptations include vesting certain powers and functions previously held by the Admiralty, Lords of the Admiralty, the Commander-in-Chief, and His Majesty in the Naval Board, the Governor-General, and the Naval Secretary of the Naval Board (section 171b(a)–(g)). Additionally, certain references to England and the United Kingdom in the Naval Discipline Act are amended to refer to Australia (section 171b(d)–(f)). The regulation also alters the duration of time subordinate officers may be detained and the period for submitting court-martial records (section 171b(h) and (i)). The obligations imposed by these provisions are primarily structural, ensuring that the authority previously vested in British naval authorities is now exercised by Australian bodies. The Naval Board is given the authority to perform a range of functions previously carried out by the Admiralty, including disciplinary actions and administrative duties (section 171b(a)). The Governor-General is empowered to exercise certain powers traditionally held by His Majesty or the Commander-in-Chief (section 171b(c)). The Naval Secretary of the Naval Board is given specific responsibilities, such as the submission of court-martial records, previously managed by the Secretary of the Admiralty (section 171b(b) and (g)). Violations of the provisions within the Naval Discipline Act, as adapted by this regulation, could result in both civil and criminal penalties. For instance, disobedience to a lawful command could be considered a disciplinary offence, potentially leading to a court-martial and subsequent punishment (section 58). The exact penalties for such offences would depend on the severity of the misconduct and the findings of any court-martial proceedings. The regulation itself does not specify maximum penalties but refers back to the existing provisions of the Naval Discipline Act, which may include fines, imprisonment, or other disciplinary actions as deemed appropriate by the court-martial.

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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.