Naval Forces (Papua and New Guinea Division) Regulations (Amendment)

Legislation au C1970L00011 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1970 No.

_________

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1968.

Dated this seventh

day of February, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for the Navy.

________

 

Amendments of the Naval Forces (Papua and New Guinea Division) Regulations†

1. After regulation 15 of the Naval Forces (Papua and New Guinea Division) Regulations the following regulations are inserted:—

Special service allowance.

15a. An allowance, called ‘special service allowance’, is payable to a member, other than a Cadet Midshipman, at the rate of Twenty-five cents per day, in respect of his service as a member.

Patrol boat allowance.

“15b.—(1.) Subject to such conditions as the Naval Board determines, an allowance, called ‘patrol boat allowance’, is payable to a member who serves overnight on a patrol boat.

“(2.) Patrol boat allowance is payable—

(a) in the case of a member included in a class of members determined by the Naval Board to be a class to which this paragraph applies—at the rate of Twenty-five cents; or

(b) in the case of any other member—the rate of Twenty cents, for each night on which the member serves overnight on a patrol boat.”.

Mulct.

2. Regulation 45 of the Naval Forces (Papua and New Guinea Division) Regulations is repealed.

First Schedule.

3. The First Schedule to the Naval Forces (Papua and New Guinea Division) Regulations is amended by inserting after the word and figures—

“Regulation 15”

the word and figures—

“Regulation 15b”.

____________________________________________________________________________________

* Notified in the Commonwealth Gazette on                                          1970.

† Statutory Rules 1966 No. 104, as amended by Statutory Rules 1966 No. 172; and 1967 Nos. 93 and 128.

10172/70-Price 5c 10/23.1.1970


Fourth Schedule.

4. The Fourth Schedule to the Naval Forces (Papua and New Guinea Division) Regulations is repealed and the following Schedule inserted in its stead:—

“FOURTH SCHEDULE  Regulation 8 (3.).

APPRENTICES

Stage of training

Rate per week

 

$

During his first year of apprenticeship training....................................

3.22

During his second year of apprenticeship training..................................

4.72

During his third year of apprenticeship training...................................

6.22

During his fourth year of apprenticeship training..................................

8.22

During his fifth year of apprenticeship training...................................

11.22”.

Transitional.

5.—(1.) There is payable, by virtue of this regulation, to a member who holds the rank of apprentice and who is entitled to pay in respect of the relevant period—

(a) if the member was not entitled to payment of special allowance under sub-regulation (6.) of regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations in respect of the relevant period—an amount equal to the amount by which the pay payable to him in respect of the relevant period is less than the pay that would have been payable to him in respect of the relevant period if he had been entitled to pay at the appropriate rate provided for in the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations; or

(b) if the member was entitled to payment of special allowance under that sub-regulation in respect of the relevant period—an amount equal to the amount by which the sum of the amounts payable to him by way of pay and special allowance in respect of the relevant period is less than the sum of the amounts that would have been payable to him by way of pay and special allowance (if any) in respect of the relevant period if he had been entitled to pay at the rate provided for in the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations and had been entitled to special allowance (if any) at the appropriate rate determined by the Naval Board for the purposes of that sub-regulation on the day on which these Regulations came into operation.

(2.) In the last preceding sub-regulation, “the relevant period” means the period from and including the fifth day of December, 1969, to and including the day immediately before the commencement of these Regulations or any part of that period, as the case requires.

Application.

6.—(1.) Special service allowance is payable, in accordance with regulation 15a of the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations, in respect of the service of a member on or after the fifth day of December, 1969.

(2.) Patrol boat allowance is payable as if regulation 15b of the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations and the first determination made by the Naval Board under that regulation had come into force on the fifth day of December, 1969.

 

______________

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Naval Defence Act 1910-1968, enacted by the Australian Parliament, aimed to provide a legal framework for the establishment, organisation, and operation of the Royal Australian Navy. This Act was updated through Statutory Rules 1970 No. _________, made under the authority of the Governor-General, to address the need for specific allowances and adjustments to the existing regulations concerning the Naval Forces, particularly in relation to the Papua and New Guinea Division. These amendments were introduced to ensure that members of the Navy received appropriate compensation for their service, including special service and patrol boat allowances, and to streamline the administrative process by repealing certain outdated regulations. The policy objective was to maintain the efficiency and morale of the naval personnel by ensuring fair and timely remuneration for their duties.

Scope and Application

The Naval Defence Act 1910-1968 provides the legislative framework for these regulations, which apply to the members of the Naval Forces, specifically those in the Papua and New Guinea Division. This legislation impacts both current members and those who were members during the period from 5 December 1969 until the regulations took effect. The regulations introduce new allowances such as the special service allowance and patrol boat allowance, with specific rates determined by the Naval Board, while also repealing certain existing provisions. The amendments to the First and Fourth Schedules further adjust the rates of pay for apprentices during their training years. These regulations have a clear geographic focus, being applicable within the Commonwealth of Australia, specifically in relation to the naval forces operating in Papua and New Guinea. The regulations do not explicitly state any exclusions or thresholds but provide detailed conditions under which the allowances are payable. The scope of the application is further extended or restricted through subordinate instruments issued by the Naval Board, as noted in the regulations.

Key Provisions

The key provisions of the Statutory Rules 1970 No._________, made under the Naval Defence Act 1910-1968, introduce new regulations concerning financial allowances for members of the Naval Forces, specifically the Papua and New Guinea Division. Regulation 15a introduces a ‘special service allowance’ payable to members at a rate of twenty-five cents per day, excluding Cadet Midshipmen, for their service. This allowance applies to service rendered on or after the fifth day of December 1969, as detailed in regulation 6(1). Regulation 15b establishes a ‘patrol boat allowance’ for members who serve overnight on a patrol boat. This allowance is subject to conditions set by the Naval Board and is payable at a rate of twenty-five cents per night for members in certain classes determined by the Board, or twenty cents per night for other members, as specified in regulation 15b(2). Additionally, the regulations amend the existing allowances for apprentices by introducing new rates for each year of training, detailed in the Fourth Schedule. These regulations impose specific obligations on the Naval Board to determine the conditions under which the patrol boat allowance is payable and to classify members into appropriate categories for special service and patrol boat allowances. They also mandate the payment of special service allowance and patrol boat allowance from the effective date of the regulations, ensuring that eligible members receive the appropriate financial support for their service. Furthermore, the regulations require the calculation and payment of transitional allowances to members who were in training and entitled to special allowances prior to the amendments, ensuring they are compensated for any discrepancies in their pay. Violations of these regulations, such as failure to comply with the prescribed conditions for allowances or non-payment of due allowances, may result in legal consequences. Although the specific penalties for breaches are not detailed within the regulations, they are likely to be addressed under the broader legislative framework of the Naval Defence Act 1910-1968. Non-compliance could potentially lead to civil or criminal penalties, including fines or other sanctions, depending on the nature and severity of the breach. The precise penalties would be determined in accordance with the relevant laws governing the administration of naval forces and financial regulations within the Australian legal system.

Legal classification tags

Area of Law
Defence & Security
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
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.