STATUTORY RULES.
1934. No. 93.
________
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
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 1910-1918.
Dated this first day of August 1934.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
G. F. PEARCE
Minister of State for Defence.
_________
Amendment of Naval Forces Regulations.
(Statutory Rules 1926, No. 196, as amended to this date.).
(Thirteenth Amendment.)
After regulation 5, the following new regulation is inserted, in section I:—
“5a. (1) It shall not be necessary, under or by reason of any law of a Territory or State, for any person to obtain or have any licence or permission to carry or convey, by any means whatsoever—
(a) members of the Naval Forces engaged in or for the purpose of engaging in, or returning from, the performance of their duties as such members or for the purpose of attending or returning from any drill,, practice, competition or engagement, in connexion with their Naval training or
(b) property belonging to the Commonwealth and appropriated to the use of the Naval Forces or belonging to members of the Naval, Forces, and used by them, for any purpose mentioned in this sub-regulation.
(2) It shall be lawful, notwithstanding any law of a Territory or State, for any person to send or cause to be sent or conveyed by any means whatsoever, any persons or property described in paragraph (a) or (b) of sub-regulation (1) of this regulation.
(3) Sub-regulations (1) and (2) of this regulation shall operate as if they had been notified in the Gazette on the thirty-first day of August, 1931 provided that where any sum has been paid prior to the date of the making of these sub-regulations, in pursuance of the law of a Territory or State, the person who has made the payment shall not be entitled by virtue of these sub-regulations to a refund of the whole or any portion of the amount so paid.”
Notified in the Commonwealth Gazette on 2nd August, 1934.
____________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2895.—Price 3d.
Overview
The Naval Defence Act 1910-1918 was enacted by the Parliament of Australia to address the need for comprehensive regulation of naval defence forces and related activities. This Act aimed to provide a legal framework for the organisation, operation, and maintenance of the Royal Australian Navy, ensuring that the nation's maritime defences were effectively managed. The 1934 Regulations under this Act were introduced to amend existing Naval Forces Regulations, providing further clarity and authority regarding the transportation of naval personnel and their property across state and territory boundaries without the necessity of additional licences or permissions. These amendments were designed to streamline operations and eliminate potential legal barriers that could impede the swift and efficient movement of naval forces and equipment, thereby reinforcing the policy objective of maintaining a robust and responsive naval defence capability.
Scope and Application
The Naval Defence Act 1910-1918 is supplemented by these Regulations, which clarify and enhance the legal framework governing the transportation of personnel and property associated with the Naval Forces. These regulations apply to any person who may be required to transport members of the Naval Forces or Commonwealth-owned property intended for Naval Forces usage, without needing to secure any additional licences or permissions from state or territory authorities. This ensures that the transportation of Naval personnel and their equipment is conducted smoothly, adhering strictly to federal legislation without the interference of state laws. The regulations explicitly state that no pre-existing payments made under state or territory laws will be refunded, highlighting a clear federal priority in the administration of Naval Defence activities. These provisions are designed to streamline the operational efficiency of the Naval Forces, ensuring that they can mobilise and conduct their duties without bureaucratic hurdles imposed by state or territory regulations.
Key Provisions
The main operative sections of this regulation (Regulations under the Naval Defence Act 1910-1918) are found in regulation 5a. Regulation 5a(1) stipulates that members of the Naval Forces, as well as property belonging to the Commonwealth or to members of the Naval Forces, do not require any licence or permission from a Territory or State to be carried or conveyed by any means for specified purposes. These purposes include engaging in, or returning from, duties, attending or returning from any drill, practice, competition or engagement related to their Naval training. Regulation 5a(2) further extends the authority by allowing any person to send or cause the sending or conveyance of the aforementioned persons or property by any means, irrespective of any conflicting Territory or State laws. Regulation 5a(3) provides a transitional measure, stating that these sub-regulations will operate as if they were notified in the Gazette on 31 August 1931, with a caveat that any payments made prior to the notification of these regulations will not be refunded.
The obligations imposed by this regulation on the relevant parties are primarily related to the transportation and conveyance of Naval Forces personnel and property. According to regulation 5a(1), it is not necessary for any person to obtain a licence or permission from a Territory or State to carry out these activities. Regulation 5a(2) further ensures that any individual can lawfully send or cause the sending or conveyance of the specified persons or property without interference from conflicting Territory or State laws. It is important to note that the regulation explicitly states that these provisions are intended to operate as if they were notified in the Gazette on 31 August 1931, with the caveat mentioned in regulation 5a(3).
The regulation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the transitional measure in regulation 5a(3) implies that any sums paid prior to the notification of these regulations will not be refunded, indicating that the regulation does not seek to penalise those who have already complied with conflicting Territory or State laws. Instead, the regulation aims to provide clarity and legal certainty regarding the transportation and conveyance of Naval Forces personnel and property, overriding any conflicting Territory or State laws.