STATUTORY RULES.
1941. No. 215.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1934.
Dated this twenty eighth day of August, 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendment of the Naval Forces Regulations.†
After regulation 32 of the Naval Forces Regulations, the following regulation is inserted:—
Officers of Reserve Forces—Seniority for pay purposes.
“32a. In time of war, the seniority of officers of the Reserve Forces may, for pay purposes, be ante-dated under the same conditions as apply to officers of the Permanent Naval Forces (Sea-going).”.
*Notified in the Commonwealth Gazette on 1941.— amendment.
† Statutory Rules 1935. No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119, 1938; Nos. 20, 46, 70 and 91; 1939, Nos. 26, 27, 72 and 143; 1940, Nos. 123, 135, 147, 197, 217 and 240; and 1941, No. 21.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5169.––20/13.8.1941––Price 3d.
Overview
The Statutory Rules 1941 No. 215, enacted by the Governor-General in Council, introduced amendments to the Naval Forces Regulations under the Naval Defence Act 1910-1934 to address the issue of pay seniority for officers of the Reserve Forces during wartime. The regulation was issued in the context of World War II to ensure that officers of the Reserve Forces could have their seniority for pay purposes ante-dated under the same conditions as applied to officers of the Permanent Naval Forces (Sea-going). This was a necessary measure to maintain fairness and consistency in the remuneration of naval officers during a period of heightened military activity. The policy objective was to support the efficient functioning of the Naval Defence Act by aligning the treatment of reserve and permanent naval officers in terms of their financial entitlements.
Scope and Application
The Statutory Rules 1941 No. 215, which amend the Naval Forces Regulations under the Naval Defence Act 1910-1934, applies to officers of the Reserve Forces, specifically addressing their seniority for pay purposes during wartime. These regulations are designed to align the conditions under which Reserve Forces officers' seniority can be ante-dated for pay purposes with those of officers in the Permanent Naval Forces (Sea-going). The regulation extends its application across the Commonwealth of Australia, ensuring a uniform approach to the treatment of officers within the naval forces. This legislative instrument does not explicitly state exclusions or exemptions; however, it operates within the broader framework of the Naval Defence Act 1910-1934, which governs the organisation, management, and operation of naval forces in Australia. Additionally, the scope of this regulation might be further defined or extended through subordinate instruments, which could provide detailed operational guidelines or specific instances of application.
Key Provisions
The key provisions of this legislation involve an amendment to the Naval Forces Regulations under the Naval Defence Act 1910-1934. Specifically, the amendment introduces a new regulation, 32a, which addresses the seniority of officers in the Reserve Forces for pay purposes during times of war (regulation 32a). This amendment ensures that the seniority of Reserve Forces officers can be adjusted in the same manner as that of Permanent Naval Forces (Sea-going) officers. This change is made to streamline pay processes and to ensure that all officers, regardless of their status, are treated fairly during wartime.
Under this Act, the obligations imposed on the relevant parties include ensuring that the new regulation is applied correctly and consistently. The regulations now mandate that during times of war, the seniority of Reserve Forces officers can be adjusted for pay purposes in alignment with the procedures applicable to Permanent Naval Forces officers. This means that both categories of officers will be subject to the same conditions when it comes to determining their pay based on seniority.
Failure to comply with the provisions of this amendment could lead to various consequences. Although the specific penalties for non-compliance are not detailed within the text of this legislation, it is reasonable to infer that breaches could result in administrative or legal actions. These actions could potentially include financial penalties, disciplinary measures, or other corrective actions deemed appropriate by the governing authorities. The precise nature and extent of these penalties would typically be outlined in further regulations or accompanying legislation, which is not provided here.