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

Legislation au C1913L00201 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 201.

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provisional regulation under the naval defence ACT 1910–1912.

Application of Naval Discipline Act.

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.

Dated this fourth 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 may in relation to the Commonwealth Naval Forces be vested in or exercised and 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 may in relation to the Commonwealth Naval Forces be vested in or exercised and 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 may in relation to the Commonwealth Naval Forces be vested in or exercised and done by the Naval Secretary of the Naval Board.

 

 

C.8431.—Price 3d.

(c) all powers 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 may in relation to the Commonwealth Naval Forces be vested in or exercised and 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” were 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 Her 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 in 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 “three 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 Statutory Rules 1913 No. 201 provisional regulation under the Naval Defence Act 1910–1912 was enacted in 1913 to address the need for specific regulations concerning the Commonwealth Naval Forces in light of the establishment of the Royal Australian Navy. This provisional regulation was issued by The Governor-General in Council, acting on the advice of the Federal Executive Council, due to the urgency of the matter. The regulation adapts and modifies the application of the Naval Discipline Act to the Commonwealth Naval Forces, ensuring that the powers and functions vested in various authorities under the Naval Discipline Act are appropriately transferred to corresponding bodies within the Commonwealth Naval Forces, such as the Naval Board and the Naval Secretary of the Naval Board. This was necessary to align the governance and discipline of the Australian naval forces with the statutory framework already in place for the British naval forces.

Scope and Application

The Provisional Regulation under the Naval Defence Act 1910–1912 applies specifically to the Commonwealth Naval Forces, adapting the application of the Naval Discipline Act to this force. The regulation outlines how certain powers and functions of the Admiralty, the Lords of the Admiralty, and the Commander-in-Chief in relation to the King’s Naval Forces are to be transferred to the Naval Board, the Naval Secretary of the Naval Board, and the Governor-General for the Commonwealth Naval Forces. This adaptation extends to modifications in public worship, geographical references within the Act, and specific provisions for subordinate officers and court-martial procedures. The scope of this legislation is limited to the Commonwealth Naval Forces, thereby excluding other naval or military branches. This provisional regulation is immediately applicable and is intended to address urgent matters concerning the discipline and administration of the Commonwealth Naval Forces.

Key Provisions

The main operative sections of this Provisional Regulation (Statutory Rules 1913, No. 201) pertain to the application of the Naval Discipline Act to the Commonwealth Naval Forces (section 171b). This regulation adapts and modifies the application of the Naval Discipline Act to the Commonwealth Naval Forces, thereby assigning specific powers and functions to the Naval Board, Naval Secretary of the Naval Board, and the Governor-General. Key adaptations include the vesting of certain Admiralty and Commander-in-Chief powers in the Naval Board (section 171b(a)), the assignment of Secretary of the Admiralty functions to the Naval Board and Naval Secretary of the Naval Board (section 171b(b)), and the delegation of specific powers from His Majesty, the Admiralty, and the Commander-in-Chief to the Governor-General (section 171b(c)). Additionally, the regulation modifies the application of certain sections of the Naval Discipline Act to reflect the Australian context, such as inserting "Australia" in place of "England" and "United Kingdom" (sections 171b(d), (e), and (f)), and adjusting the time frames for the transmission of court-martial records (section 171b(g)). The obligations imposed by this Provisional Regulation on the relevant parties and entities primarily involve the assignment of specific powers and responsibilities within the Commonwealth Naval Forces. The Naval Board is tasked with exercising the powers and functions previously held by the Admiralty and Commander-in-Chief in relation to the King's Naval Forces, as outlined in 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 Naval Discipline Act (section 171b(a)). Similarly, the Naval Secretary of the Naval Board is responsible for carrying out the functions of a Secretary of the Admiralty under sections 21, 66, 69, and 75 of the Naval Discipline Act (section 171b(b)). The Governor-General is vested with the authority to exercise certain powers previously held by His Majesty, the Admiralty, and the Commander-in-Chief under sections 53(1), 53(3), 58(9), and 81(1) of the Naval Discipline Act (section 171b(c)). These adaptations ensure that the appropriate authorities within the Commonwealth Naval Forces are responsible for carrying out the necessary disciplinary and administrative functions. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this Provisional Regulation for breach of its provisions. However, the proper implementation and execution of the assigned powers and responsibilities are critical to maintaining the effective functioning of the Commonwealth Naval Forces. Failure to adhere to the specified adaptations and modifications could potentially lead to legal challenges or administrative issues, particularly if it results in the improper exercise of authority or the neglect of essential duties. It is important for the relevant parties and entities to understand and comply with the requirements of this regulation to ensure the smooth operation of the Commonwealth Naval Forces within the framework established by the Naval Discipline Act.

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