STATUTORY RULES.
1912. No. 108.
PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1911.
Regulations (Provisional) for the Naval Forces of the Commonwealth—Part II., Permanent Naval Forces—Regulations 55 and 64—Amendments.
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 1910-1911 should come into immediate operation, and further should be taken to have come into operation on the 1st day of May, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this sixth day of June, 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.
Part II.—Permanent Naval Forces.
Section III.—Retirements and Resignations.
addition.
Add to Regulation 55, as amended by Statutory Rules 13/1909 and 31/1911, the following:—
Rank or Appointment. | Age for Retirement. |
“Medical Officer | 57.” |
Section IV.—Discharges, Retirements, and Dismissals.
addition.
Regulation 64, as amended by Statutory Rule 13/1909, after the words—
“All other ratings, 52 years,” add “Chief Petty Officers, Petty Officers, and all other ratings of the Administrative and Instructional Staff who were serving in the Permanent Naval Forces immediately prior to 1st July, 1911, and who had at that date not less than six years’ service in those Forces 60 years.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.6741.—Price 3d.
Overview
The Statutory Rules 1912 No. 108, also known as the Provisional Regulations under the Naval Defence Act 1910-1911, were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were introduced to address the need for immediate operational adjustments to the Naval Defence Act 1910-1911, specifically concerning the retirements, resignations, discharges, and age limits for various ranks within the Permanent Naval Forces. This was a necessary measure due to the urgency of updating the existing provisions to align with the evolving requirements of the naval service. The policy objective of these regulations was to ensure that the naval forces could effectively manage personnel transitions and maintain operational readiness by providing clear guidelines on retirement and service age limits.
Scope and Application
The Provisional Regulations under the Naval Defence Act 1910-1911, specifically the amendments to Regulations 55 and 64, apply to the members of the Australian Commonwealth's naval forces, particularly focusing on the permanent naval forces. The regulations primarily govern the retirement ages for various ranks, including Medical Officers, who are now required to retire at 57, and certain staff categories such as Chief Petty Officers, Petty Officers, and other ratings in the Administrative and Instructional Staff who must retire at 60 if they had accumulated at least six years of service prior to 1 July 1911. These regulations are designed to provide structured guidelines for the retirement and resignation processes within the naval forces. The scope of these regulations is limited to the Commonwealth of Australia and its naval personnel, and they were established with urgency, coming into immediate operation as provisional regulations on 1 May 1912. There are no explicit exclusions mentioned in the text, though the provisions specifically target certain categories of naval staff. The application of these regulations may also extend through any subordinate instruments issued under the authority of the Naval Defence Act 1910-1911.
Key Provisions
The main operative sections of these provisional regulations under the Naval Defence Act 1910-1911 involve amendments to Regulation 55 and the addition to Regulation 64 concerning retirements and resignations of naval personnel. Regulation 55 has been amended to include a new age for retirement for medical officers, setting it at 57 years (Section III). Furthermore, Regulation 64 has been updated to specify the retirement age for Chief Petty Officers, Petty Officers, and all other ratings of the Administrative and Instructional Staff who were serving in the Permanent Naval Forces prior to 1st July 1911 and had at least six years' service in those forces. These individuals are now required to retire at the age of 60 (Section IV).
The regulations impose specific obligations and requirements on the naval personnel affected by these provisions. Medical officers must retire at the age of 57, while Chief Petty Officers, Petty Officers, and all other ratings of the Administrative and Instructional Staff with at least six years of service prior to 1st July 1911 must retire at the age of 60. These regulations are designed to ensure a structured and systematic approach to the retirement of experienced personnel in the naval forces, thereby maintaining a balance between experience and new talent within the ranks.
In terms of consequences, the legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breaches of these regulations. However, non-compliance with these mandatory retirement provisions could potentially result in administrative or disciplinary actions under the Naval Defence Act 1910-1911 or other relevant military regulations. The specific penalties for such breaches would depend on the circumstances and the internal disciplinary procedures of the naval forces.