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

Legislation au C1966L00172 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1966 No.

_________

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1965.*

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 1910-1965.

Dated this twenty-fifth day of November, 1996.

 

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) J. G. GORTON

Minister of State for Works
for and on behalf of the Minister of State for the Navy.

_________________

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

Delegations.

1. Regulation 5 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) A power or function delegated by the Minister or the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.”.

Pay.

2. Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the rate of pay of a member who is a sailor (not being a sailor holding the rank of apprentice) is the rate specified in relation to his rank and, where specified, his pay seniority in the Third Schedule.”.

3. After regulation 18 of the Naval Forces (Papua and New Guinea Division) Regulations the following regulation is inserted:—

Family needs allowance.

18a.—(1.) Subject to such conditions as the Naval Board determines, an allowance, called ‘ family needs allowance’, is payable to a member who is posted for service in a locality determined by the Naval Board to be a locality to which this regulation applies.

“(2.) Family needs allowance is payable to a member—

(a) from and including the day on which he arrives in a locality to which this regulation applies to and including the day immediately before the day on which he ceases to reside in that locality; and

(b) at the appropriate rate determined by the Naval Board.

____________________________________________________________________________

* Notified in the Commonwealth Gazette on , 1966.

† Statutory Rules 1966, No. 104.

13434/66—Price 9/9.11.1966


“(3.) The Naval Board shall determine the rate or rates at which family needs allowance is to be payable to members serving in a locality to which this regulation applies, and may determine different rates of the allowance according to different family circumstances of members.”.

First Schedule.

4.—(1.) The First Schedule to the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting the words—

“Sub-regulations (2.), (4.) and (6.) of regulation 8.”

and inserting in their stead the words—

“Sub-regulations (4.) and (6.) of regulation 8.”.

Second and Third Schedules.

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

“Regulation 18.”

the word and figures—

“Regulation 18a.”.

5. The Second Schedule and Third Schedule to the Naval Forces (Papua and New Guinea Division) Regulations are repealed and the following Schedules inserted in their stead:—

SECOND SCHEDULE.

Regulation 8 (1.).

RATES OF PAY—OFFICERS.

Rank and pay seniority

Rate per day

 

$

Cadet Midshipman......................................

0.49

Midshipman..........................................

2.51

Acting Sub-Lieutenant

4.02

Sub-Lieutenant—

 

With less than 1 year’s pay seniority.........................

4.16

With not less than 1 year’s pay seniority.......................

4.29

Lieutenant—

 

With less than 1 year’s pay seniority.........................

4.50

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

4.71

With not less than 2 years’ pay seniority but less than 3 years’ pay seniority

4.91

With not less than 3 years’ pay seniority but less than 4 years’ pay seniority

5.12

With not less than 4 years’ pay seniority.......................

5.32

Lieutenant-Commander—

 

With less than 1 year’s pay seniority.........................

6.28

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

6.55

With not less than 2 years’ pay seniority.......................

6.83

THIRD SCHEDULE.

Regulation 8 (2.).

RATES OF PAY—SAILORS, OTHER THAN APPRENTICES. 

Rank and pay seniority

Rate per day

 

$

Recruit..............................................

0.49

Ordinary Seaman—

 

With less than 1 year’s pay seniority.........................

0.60

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

0.71

With not less than 2 years’ pay seniority.......................

0.82


Third Schedulecontinued.

Rank and pay seniority

Rate per day

 

$

Able Seaman—

 

With less than 1 year’s pay seniority.........................

1.14

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

1.25

With not less than 2 years’ pay seniority but less than 3 years’ pay seniority

1.36

With not less than 3 years’ pay seniority but less than 4 years’ pay seniority

1.47

With not less than 4 years’ pay seniority but less than 5 years’ pay seniority

1.58

With not less than 5 years’ pay seniority but less than 6 years’ pay seniority

1.69

With not less than 6 years’ pay seniority but less than 7 years’ pay seniority

1.83

With not less than 7 years’ pay seniority but less than 8 years’ pay seniority

1.97

With not less than 8 years’ pay seniority.......................

2.10

Leading Seaman—

 

With less than 1 year’s pay seniority.........................

2.51

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

2.65

With not less than 2 years’ pay seniority.......................

2.79

Petty Officer—

 

With less than 1 year’s pay seniority.........................

2.92

With not less than 1 year’s pay seniority but less than 2 years’ pay seniority

3.06

With not less than 2 years’ pay seniority.......................

3.20

Chief Petty Officer—

 

With less than 1 year’s pay seniority.........................

3.75

With not less than 1 year’s pay seniority.......................

3.88

Transitional.

6. There is payable to a member entitled to pay in respect of the period from and including the first day of July, 1966, to and including the day immediately before the commencement of these Regulations or a part of that period, by virtue of this regulation—

(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 period or the part of the period—an amount equal to the amount by which the pay payable to him in respect of that period or the part of that period is less than the pay that would have been payable to him in respect of that period or the part of that period if he had beep, 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 special allowance under that sub-regulation in respect of the period or the part of that 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 that period or the part of that 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 that period or the part of that 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.

______________

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Naval Defence Act 1910-1965 was enacted to ensure the security and defence of Australia's maritime borders, providing the legislative framework for the establishment and operation of the Royal Australian Navy. This Act was developed to address the need for a robust naval defence capability in the face of regional and global security threats. The Act was enacted by the Australian Parliament with the aim of establishing a well-structured naval force to safeguard the nation’s maritime interests. The 1966 Regulations under this Act were introduced to amend and refine the operational aspects of the Naval Forces, including adjustments to delegations, pay structures, and allowances for naval personnel, ensuring the Navy's efficiency and effectiveness in fulfilling its defence mandate.

Scope and Application

The Naval Defence Act 1910-1965 forms the legislative basis for these regulations, which are designed to govern various aspects of the Naval Forces, specifically those in the Papua and New Guinea Division. These regulations apply to the members of the naval forces, including officers and sailors, and they cover areas such as delegation of powers, pay, and allowances. The geographic scope of these regulations is limited to the naval forces operating in the Papua and New Guinea Division. The regulations detail specific amendments to existing regulations, such as altering delegation processes and pay rates, and introduce new provisions like the family needs allowance for members posted to certain localities. These amendments are made through subordinate instruments under the authority of the Naval Defence Act, thereby extending or modifying the application of the Act.

Key Provisions

The Statutory Rules 1966 No. 104 amend the Naval Forces (Papua and New Guinea Division) Regulations by introducing several key changes, primarily focusing on delegations, pay rates, and the introduction of a family needs allowance. Regulation 5(3) stipulates that powers or functions delegated by the Minister or the Naval Board can be exercised by the delegate in accordance with the instrument of delegation. Regulation 8(2) specifies that the rate of pay for sailors (excluding apprentices) is determined by their rank and, where specified, their pay seniority, as outlined in the Third Schedule. A new regulation, 18a, introduces a family needs allowance payable to members serving in designated localities, with rates determined by the Naval Board based on family circumstances. These regulations impose specific obligations on the Naval Board and members of the Naval Forces. The Naval Board is tasked with determining the rates of family needs allowance and the conditions under which it is payable. Members of the Naval Forces must comply with the specified pay rates as outlined in the Second and Third Schedules and must meet any conditions set by the Naval Board regarding the family needs allowance. Violations of these regulations can lead to civil and criminal consequences. While the specific penalties are not detailed in the provided text, breaches of regulations governing financial matters, such as pay and allowances, can generally result in penalties under the relevant Acts, including fines and potential criminal charges. The maximum penalties would depend on the nature and severity of the breach, as well as any applicable federal or state laws.

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