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

Legislation au C1973L00024 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 24

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1971.*

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 1910-1971.

Dated this first day of February, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of

the Minister of State for the Navy.

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

Regulations†

Pay.

1.—(1.) Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended by omitting the table in sub-regulation (1c.) and inserting in its stead the following table:—

Stage of Studies

Rate of pay per day

 

$

During the first year of the course .................................

1.47

During the second year of the course ...............................

1.62

During the third year of the course ................................

1.77

During the fourth year of the course ...............................

1.95

During the fifth year of the course .................................

2.13

During the sixth year of the course ................................

2.30

During the seventh or a subsequent year of the course ....................

2.48

* Notified in the Commonwealth Gazette on 8 February 1973.

† Statutory Rules 1966, No. 104, as amended by Statutory Rules 1966, No. 172; 1967, Nos. 93 and 128; 1970, Nos. 11 and 195; 1971, No. 99; 1972, No. 126; and 1973, Nos. 11 and 23.


(2.) Regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations is amended—

(a) by omitting from sub-regulation (3e.) the words “Seventy-eight cents” and inserting in their stead the words “Eighty-eight cents”; and

(b) omitting paragraphs (a), (b) and (c) of sub-regulation (3f.) and inserting in their stead the following paragraphs:—

“(a) in the case of a sailor who has less than one year’s pay seniority—

(i) if he has not attained the age of twenty years and is unmarried—One dollar twenty-five cents per day;

(ii) if he has attained the age of twenty years but has not attained the age of twenty-one years and is unmarried—One dollar thirty-six cents per day; or

(iii) in any other case—One dollar forty-seven cents per day;

(b) in the case of a sailor who has not less than one year’s pay seniority but less than two years’ pay seniority—

(i) if he has not attained the age of twenty-one years and is unmarried—One dollar thirty-six cents per day; or

(ii) in any other case—One dollar forty-seven cents per day; or

(c) in the case of a sailor who has not less than two years’ pay seniority—One dollar forty-seven cents per day.”.

Second and Third Schedules.

2. The Second and Third Schedules 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 PayOfficers

Rank and Pay Seniority

Rate per day

 

$

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

0.88

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

3.46

Acting Sub-Lieutenant ...................................................

5.80

Sub-Lieutenant—

 

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

6.02

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

6.24

Lieutenant—

 

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

6.68

With not less than 1 but less than 2 years’ pay seniority ...........................

6.90

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

7.11

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

7.34

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

7.61

With not less than 5 years’ pay seniority .....................................

7.88

Lieutenant Commander—

 

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

8.16

With not less than 1 but less than 2 years’ pay seniority ...........................

8.51

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

8.87

With not less than 3 years’ pay seniority .....................................

9.23


THIRD SCHEDULE Regulation 8 (2.).

Rates of PaySailors

Table 1

Trained Sailors

Rank and Pay Seniority

Rate per day

 

$

Able Seaman—

 

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

1.58

With not less than 1 but less than 2 years’ pay seniority ...........................

1.73

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

1.88

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

2.04

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

2.21

With not less than 5 years’ pay seniority .....................................

2.39

Leading Seaman—

 

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

3.28

With not less than 1 but less than 2 years’ pay seniority ...........................

3.46

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

3.64

Table 2

Sailors qualified at Lower Skilled Level

Rank and Pay Seniority

Rate per day

 

$

Able Seaman—

 

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

2.04

With not less than 1 but less than 2 years’ pay seniority ...........................

2.21

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

2.39

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

2.57

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

2.75

With not less than 5 years’ pay seniority .....................................

2.93

Leading Seaman—

 

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

3.46

With not less than 1 but less than 2 years’ pay seniority ...........................

3.64

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

3.82

Petty Officer—

 

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

3.99

With not less than 1 but less than 2 years’ pay seniority ...........................

4.17

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

4.35

Chief Petty Officer—

 

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

5.14

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

5.36


Third Schedulecontinued

Table 3

Sailors qualified at Skilled Level

Rank and Pay Seniority

Rate per day

 

$

Able Seaman—

 

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

2.57

With not less than 1 but less than 2 years’ pay seniority ...........................

2.75

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

2.93

With not less than 3 years’ pay seniority ......................................

3.10

Leading Seaman—

 

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

3.64

With not less than 1 but less than 2 years’ pay seniority ...........................

3.82

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

3.99

Petty Officer—

 

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

4.17

With not less than 1 but less than 2 years’ pay seniority ...........................

4.35

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

4.53

Chief Petty Officer—

 

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

5.36

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

5.58

Table 4

Sailors qualified at Higher Skilled Level

Rank and Pay Seniority

Rate per day

 

$

Able Seaman—

 

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

2.93

With not less than 1 but less than 2 years’ pay seniority ...........................

3.10

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

3.28

Leading Seaman—

 

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

3.82

With not less than 1 but less than 2 years’ pay seniority ...........................

3.99

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

4.17

Petty Officer—

 

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

4.35

With not less than 1 but less than 2 years’ pay seniority ...........................

4.53

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

4.71

Chief Petty Officer (not including Chief Artificer)—

 

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

5.58

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

5.80

Chief Artificer—

 

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

6.02

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

6.24

Application.

3.—(1.) The rates of pay provided for in the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations, other than sub-regulation (1.) of regulation 1 of these Regulations, apply to and in relation to service in the Naval Forces on or after the twentieth day of July, 1972.


(2.) Where the amount of the pay that would have been payable to a prescribed member within the meaning of sub-regulation (1c.) of regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations in respect of any service from and including the tenth day of December, 1971, to and including the day immediately before the commencement of that sub-regulation if—

(a) that sub-regulation had come into force on the tenth day of December, 1971; and

(b) sub-regulation (1.) of regulation 1 of these Regulations had come into force on the twentieth day of July, 1972,

exceeds the amount of the pay paid or payable to the member in respect of that service, including any amount payable to the member under regulation 12 of Statutory Rules, 1973, No. 11, the member is, by virtue of this sub-regulation, entitled to be paid an amount equal to the excess.

(3.) The rates of pay provided for in sub-regulation (1c.) of regulation 8 of the Naval Forces (Papua and New Guinea Division) Regulations as amended by these Regulations apply to and in relation to service in the Naval Forces on and after the day on which that sub-regulation came into force.

Overview

Statutory Rules 1973 No. 24, known as the Regulations under the Naval Defence Act 1910-1971, was enacted to amend the existing Naval Forces (Papua and New Guinea Division) Regulations, specifically addressing pay rates. This legislative instrument was made by the Governor-General, Paul Hasluck, in accordance with the advice of the Federal Executive Council. The primary objective of these regulations is to update the remuneration structure for personnel serving in the Naval Forces, particularly for those in the Papua and New Guinea Division, ensuring that pay rates are reflective of current conditions and service duration. The regulations specifically aim to adjust the pay scales for officers and sailors, taking into account their rank, pay seniority, and the stage of their studies where applicable.

Scope and Application

The Regulations under the Naval Defence Act 1910-1971, as enacted, pertain specifically to the Naval Forces, particularly focusing on the Papua and New Guinea Division. The Act applies to members of the Naval Forces, including officers and sailors, serving in the Naval Forces, with a particular emphasis on those serving from and after July 20, 1972. This includes officers and sailors at various ranks and levels of pay seniority. The geographic reach of these regulations is limited to the Naval Forces, which are federal in nature, thus applying across the Commonwealth of Australia and potentially in territories where the Australian Naval Forces operate. There are no stated exclusions or exemptions within the scope of these regulations; however, they do provide for specific pay rates based on rank, pay seniority, and other criteria. These rates are further detailed in the Second and Third Schedules. The application of these rates is specifically outlined in the regulation, and the amendments extend to ensuring backdated pay adjustments for affected members where applicable.

Key Provisions

The main operative sections of the Regulations under the Naval Defence Act 1910-1971 amend the Naval Forces (Papua and New Guinea Division) Regulations, primarily updating the rates of pay for naval personnel. Regulation 1(1) modifies the daily pay rates for sailors based on their years of study, while regulation 1(2) adjusts the pay rates for sailors with varying levels of seniority and age. The Second and Third Schedules, inserted in place of the old ones, detail the updated pay rates for officers and sailors, categorised by their rank, pay seniority, and skill level. The obligations imposed by these Regulations on the parties they govern include ensuring that the new pay rates are correctly applied to all eligible naval personnel. This involves verifying the service dates and seniority of each individual to determine their appropriate pay bracket. The Regulations also require that any discrepancies in pay due to the changes be rectified, ensuring that service members who were underpaid under the previous rates receive compensation for the shortfall. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, it can be inferred that non-compliance with the updated pay rates could lead to legal consequences under the broader Naval Defence Act 1910-1971 or other relevant legislation. Such breaches might involve administrative penalties or legal action, depending on the severity and intent behind the non-compliance.

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