Naval Forces Regulations (Amendment)

Legislation au C2004L00728 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1950. No. 4.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1949*

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 1910-1949

Dated this twenty-fourth day of January, 1950.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy

 

Amendments of the Naval Forces Regulations.†

Definitions.

1. Regulation 4 of the Naval Forces Regulations is amended—

(a) by inserting, before the definition of “Cadet Midshipman”, the following definition:—

“ ‘British subject’ has the same meaning as in the Nationality and Citizenship Act 1948.”; and

(b) by inserting, after the definition of “Men”, the following definition:—

“ ‘Naturalized person’ has the same meaning as in the Nationality and Citizenship Act 1948.”.

Australia Naval Station.

2. Regulation 23 of the Naval Forces Regulations is amended by inserting after the figures and symbols “115° 50′ ” the word “East”.

Undertaking by parent or guardian of Cadet Midshipman (Special Entry).

3. Regulation 49d of the Naval Forces Regulations is amended by omitting all the words from and including the words “the total” to the end of the regulation and inserting in their stead the words Seventy-five pounds in respect of each complete year’s training, and a proportionate amount in respect of each portion of a year’s training, undergone, and the sum so fixed shall be a debt due by the parent or guardian or his executors or administrators to the Commonwealth And may be recovered in any Court of competent jurisdiction”.

 

 

* Notified in the Commonwealth of Gazette on 1949.––Twenty-second amendment

† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 20, 46, 70 and 91; Nos. 91, 1939, Nos. 26, 27, 72 and 143; 1940, Nos. 123, 135, 147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 202; 1943, No. 42; 1944, No. 63; 1946, Nos. 26 and 32; 1947, Nos. 34 and 130; and 1948, Nos. 37, 87 and 88.

4259.—Price 3d. 10/3.11.1949.

Qualifications for Instructor Branch.

4. Regulation 57 of the Naval Forces Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (2.) the words “natural-born or naturalized”; and

(b) by omitting from the proviso to that sub-regulation the words “British subject” and inserting in their stead the word “person”.

Qualifications for entry.

5. Regulation 60 of the Naval Forces Regulations is amended—

(a) by omitting from paragraph (b) the words “natural-born or naturalized”; and

(b) by omitting from that paragraph the words “British subject” and inserting in their stead the word “person”.

Entry of medical officers for temporary service.

6. Regulation 72 of the Naval Forces Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (2.) the words “natural born or naturalized”; and

(b) by omitting from that paragraph the words “British subject” and inserting in their stead the word “person”.

Dental surgeons.

7. Regulation 74 of the Naval Forces Regulations is amended—

(a) by omitting from paragraph (b) the words “natural born or naturalized”; and

(b) by omitting from, that paragraph the word’s “British subject” and inserting in their stead the word” person”.

Emergency List.

8. Regulation 105 of the Naval Forces Regulations is amended by omitting sub-regulation (3.).

9. After regulation 117 of the Naval Forces Regulations the following regulation is inserted:—

Review of discharges.

“117a. The Naval Board may review all matters concerning a discharge and, if it appears to the Naval Board that the reason for which the discharge has been effected is inappropriate to the circumstances of the case, the Naval Board may direct that the record of the discharge be amended by substituting for the reason recorded such other reason specified in these Regulations, or in the King’s Regulations and Admiralty Instructions in their application to the Naval Forces, as the Naval Board considers appropriate.”.

Retiring age other than Instructor Branch.

10. Regulation 121 of the Naval Forces Regulations is amended by omitting sub-regulations (4.), (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(4.) A rating appointed to the Auxiliary Services (other than as a member of the Shore Wireless Service or the Naval Dockyard Police) on or after the first day of August, 1933, shall be compulsorily discharged on his attaining the age of fifty years.

“(5.) A rating appointed to the Shore Wireless Service or to the Naval Dockyard Police shall be compulsorily discharged on his attaining the age of fifty-five years.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1950 No. 4, titled "Regulations under the Naval Defence Act 1910-1949," was enacted to amend the existing Naval Forces Regulations, thereby addressing the need to update and clarify certain aspects of the naval service requirements in light of changes in citizenship laws and other regulatory adjustments. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council. The primary policy objective of these regulations is to ensure that the Australian naval service is inclusive and up-to-date with contemporary definitions of citizenship and qualifications, while also clarifying financial responsibilities and service conditions for various roles within the navy. The amendments aim to streamline processes and provide clearer guidelines for the administration and operation of the naval forces.

Scope and Application

The Naval Defence Act 1910-1949 and the accompanying regulations apply to personnel within the Australian Naval Forces, including cadets, instructors, and medical officers, as well as to parents or guardians of Cadet Midshipmen who are required to undertake financial responsibilities during training. The Act and its regulations pertain to all individuals within the Commonwealth of Australia, encompassing various roles and positions within the naval forces. Notably, the Act amends definitions and provisions concerning eligibility, entry qualifications, and discharges, as well as the financial obligations of parents or guardians for Cadet Midshipmen. The regulations also introduce changes to the retiring age for certain ratings within the naval forces. The legislation applies across the national jurisdiction of Australia and is enforceable in any Court of competent jurisdiction. Any exclusions or exemptions are not explicitly stated in the text, and the application of the Act extends through the subordinate instruments of the Naval Forces Regulations, which are subject to amendments as evidenced by the statutory rules listed.

Key Provisions

The main operative sections of the Statutory Rules (1950) No. 4 under the Naval Defence Act 1910-1949 involve amendments to the Naval Forces Regulations. Specifically, section 1 amends the definitions within the Naval Forces Regulations, clarifying terms such as "British subject" and "naturalized person" to align with the definitions in the Nationality and Citizenship Act 1948 (s. 1). Section 2 modifies the geographical coordinates for Australia Naval Station to include the word "East" (s. 2). Section 3 updates the financial undertaking required by parents or guardians of Cadet Midshipmen, specifying a fixed amount per year of training and allowing recovery of the debt through a court of competent jurisdiction (s. 3). These regulations impose several obligations on the parties involved. Parents or guardians of Cadet Midshipmen are now required to pay a specified amount for each year of training, with a proportionate amount for partial years, which becomes a debt recoverable by the Commonwealth (s. 3). The amendments to definitions ensure that eligibility criteria for various roles within the naval forces are updated to reflect current citizenship laws, thereby aligning with the broader legislative framework (ss. 1, 4, 5, 6, 7). The Naval Board gains authority to review and amend discharge records if they deem the original reason inappropriate (s. 8). Additionally, the regulation introduces specific compulsory discharge ages for ratings in different services, with a tiered system based on service type (s. 10). Failure to comply with the financial obligations outlined in the regulations, particularly those related to the payment of debts by parents or guardians of Cadet Midshipmen, may result in legal action to recover the debt in a court of competent jurisdiction (s. 3). The regulations themselves do not explicitly state penalties for other breaches but imply that non-compliance with specified obligations may lead to legal consequences, including potential amendments to discharge records by the Naval Board. The specific consequences for non-compliance with other obligations, such as failing to meet revised qualifications or discharge criteria, would be determined by the courts or relevant authorities under applicable law.

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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.