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

Overview

The Statutory Rules 1973 No. 80, made under the Naval Defence Act 1910-1971, were introduced to address specific amendments to the Naval Forces (Papua and New Guinea Division) Regulations. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were designed to update the allowances for members of the Naval Forces, particularly Cadet Midshipmen. The policy objective behind these regulations was to ensure that remuneration for service, including special service allowances, was fairly and accurately administered to reflect the duties and status of the personnel within the Naval Forces. The regulations were published in the Commonwealth Gazette on 18 April 1973 and included amendments to the existing special service allowance provisions to clarify and restrict eligibility, particularly for Cadet Midshipmen during their academic periods.

Scope and Application

The Regulations under the Naval Defence Act 1910-1971 pertain specifically to the financial allowances for certain members of the Naval Forces, particularly those within the Papua and New Guinea Division. These Regulations apply to Cadet Midshipmen whose rate of pay is prescribed by sub-regulation (1c) of regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations. The allowance, termed "special service allowance," is payable at a rate of Twenty-five cents per day for their service. However, it is important to note that this allowance is not payable to all Cadet Midshipmen; it excludes those whose rate of pay is not prescribed by sub-regulation (1c) of regulation 8 and is only eligible for Cadet Midshipmen during periods that are vacations of their full-time study institution, as per sub-regulation (1c). The application of these Regulations extends to services rendered on or after the first day of March, 1972.

Key Provisions

The Regulations under the Naval Defence Act 1910-1971, specifically Statutory Rules 1973 No. 80, introduce a revision to the Naval Forces (Papua and New Guinea Division) Regulations. Regulation 15a, which pertains to the payment of a special service allowance, is amended. The allowance, now set at Twenty-five cents per day, is payable to a member for their service (Regulation 15a(1)). However, Cadet Midshipmen whose pay rates are not prescribed by sub-regulation (1c) of regulation 8 are excluded from this allowance (Regulation 15a(2)). Furthermore, Cadet Midshipmen whose pay rates are prescribed by sub-regulation (1c) of regulation 8 are ineligible for the special service allowance except during a vacation period from their full-time studies at the relevant institution (Regulation 15a(3)). The obligations imposed by these Regulations primarily concern the eligibility and payment conditions for the special service allowance. The Department responsible for administering these payments must ensure that the allowance is only disbursed to eligible members who meet the specified criteria. This includes verifying that the service being compensated is indeed within the terms set out in the Regulations and that Cadet Midshipmen are not paid the allowance unless they fall under the exception provided for vacation periods. Additionally, the Department must maintain accurate records to substantiate any payments made under these Regulations. Failure to comply with the provisions of these Regulations can lead to various consequences. While the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in the text, breaches of similar regulations typically result in administrative penalties, including fines or other financial sanctions. The severity of the penalty would depend on the nature and extent of the breach, as well as any resultant harm or financial loss. However, the exact penalties for violations of these Regulations would be subject to the broader legal framework governing the enforcement of the Naval Defence Act 1910-1971.