STATUTORY RULES.
1920. No. 156.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, SIR WILLIAM HILL IRVINE, Deputy of 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 1910-1918, to come into operation on and from the dates specified therein.
Dated this eighth day of September, 1920.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
W. H. LAIRD SMITH,
Minister of State for the Navy.
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Amendment of the Naval Forces Regulations.
(Statutory Rules 1906, No. 20, as amended to present date.)
1. After regulation 55 the following regulations are inserted, to come into operation forthwith:—
“56. (1) An Officer of the Permanent Forces may, at the discretion of the Naval Board, be placed on a Half-pay List at any time when his services cannot conveniently be fully employed in His Majesty’s Australian ships or Naval Establishments, or when the Naval Board considers that, for any reason, he should not be employed on the Active List of the Naval Service.
(2) An Officer who is placed on the Half-pay List shall receive pay at the rate of one-half of the full Active pay of his rank exclusive of all allowances.
57. An Officer who has been on the Half-pay List for a consecutive period of six months may, if not then re-employed, be placed on the Retired List when Half-pay shall cease. An Officer who has been on the Half-pay List for twelve consecutive months shall be placed on the Retired List from the date on which the twelve months’ Half-pay time is completed.”
2. Regulation 70 is amended as from 1st January, 1920, as follows:—
(1) Sub-regulation (1) is amended by inserting after the words “which include” the words “Sundays and.”
(2) By adding at the end thereof the following sub-regulation:—
“(5) The scale of leave prescribed in sub-regulation (1) for Harbor Establishments shall apply also to Officers and Men of the Royal Australian Naval Auxiliary Services provided that, in such cases, a year for leave purposes shall commence on the first day of February in each year, and terminate on the thirty-first day of January in the following year.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Naval Defence Act 1910-1918 was enacted to provide for the naval defence of the Commonwealth and its territories and to regulate the establishment, organisation, and administration of the naval forces of the Commonwealth. The Act was introduced to address the need for a structured naval defence mechanism in Australia during and after the First World War. The Regulations under the Act, made in 1920, were enacted by the Governor-General in Council, under the authority delegated by the Commonwealth Parliament. These regulations aimed to amend the Naval Forces Regulations to better manage the employment status of naval officers by introducing provisions for half-pay and retired lists, as well as adjusting the leave entitlements for certain naval personnel. The policy objective was to ensure a well-organised and efficient naval force, with appropriate measures for officers whose services could not be fully utilised.
Scope and Application
The regulations under the Naval Defence Act 1910-1918 apply to officers of the Permanent Forces within the Commonwealth of Australia. Specifically, they concern the conditions under which officers may be placed on a Half-pay List, their entitlements while on such a list, and the subsequent transition to a Retired List after specified periods of time. Additionally, these regulations extend to officers and men of the Royal Australian Naval Auxiliary Services, dictating their leave entitlements in a manner consistent with those of the Harbor Establishments. Geographically, the regulations are applicable across the Commonwealth, reflecting the federal jurisdiction of the Naval Defence Act. There are no stated exclusions or exemptions within these particular regulations, though broader exceptions might be found in the overarching Act. The application of these regulations can be further extended or specified through subordinate instruments, thereby allowing for additional detailed provisions to be set out as necessary.
Key Provisions
The key provisions of the Naval Defence Regulations 1920, as amended, introduce specific requirements and procedures for officers within the Naval Service, particularly those on the Half-pay List and their transition to the Retired List. Regulation 56 states that an Officer of the Permanent Forces may be placed on a Half-pay List by the Naval Board if their services are not fully employed or if the Board deems it appropriate for other reasons (reg. 56(1)). Such officers will receive half of the full Active pay for their rank, excluding allowances (reg. 56(2)). Furthermore, officers who remain on the Half-pay List for six consecutive months and are not re-employed may be transferred to the Retired List, terminating their Half-pay (reg. 57). This transition becomes mandatory after twelve consecutive months on the Half-pay List (reg. 57).
These regulations impose specific obligations on officers placed on the Half-pay List. Firstly, they must accept the reduced pay and understand the potential for eventual placement on the Retired List if they remain on the Half-pay List for a specified period. Additionally, they must be available for re-employment if their services are needed, as stipulated by the Naval Board. Officers also need to be aware of the conditions under which they might be moved to the Retired List, including the time frames mentioned.
The regulations do not explicitly outline offences or penalties for non-compliance with these provisions. However, non-compliance or failure to adhere to the conditions set for Half-pay and transition to the Retired List could result in disciplinary actions or other administrative consequences as determined by the Naval Board. These might include further financial adjustments or administrative measures to ensure compliance with Naval Service requirements.