Naval Forces Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 16, titled "Regulations Under the Naval Defence Act 1910-1918," was enacted by the Governor-General in Council to amend existing regulations governing the administration of the Commonwealth Naval Forces. This legislative instrument was introduced to address the need for updating the allowances and conditions of service for naval personnel, ensuring that the regulations reflect contemporary standards and requirements. The policy objective, as indicated in the text, is to ensure the smooth operation and administration of the Naval Defence Act by providing necessary amendments to existing regulations. The regulations were made with the advice of the Federal Executive Council and came into operation immediately upon their promulgation. This statutory rule was enacted by the Commonwealth Parliament to facilitate the administration of the Naval Defence Act by providing for the amendment of existing regulations. The amendments primarily focus on updating the allowances for naval personnel and establishing new conditions for their service, including the restoration of medals under specific circumstances. The changes aim to streamline the administration of naval forces and ensure that the allowances and service conditions are aligned with the current needs and standards of the naval service.

Scope and Application

The Regulations under the Naval Defence Act 1910-1918 apply to officers and ratings within the Commonwealth Naval Forces, including both seagoing and shore-based personnel. The regulations establish specific conditions for allowances, retirement ages, and the restoration of medals for misconduct. They are intended to govern the administration and operational aspects of the naval forces within the Commonwealth of Australia. The scope of these regulations is limited to personnel who are part of the naval forces and excludes civilians or non-military personnel. Additionally, the regulations pertain to conduct and service-related entitlements within the naval forces, without extending to other military branches or the civilian sector. The regulations are national in scope, applying throughout the Commonwealth of Australia, as they are made under an Act of the Commonwealth Parliament. Any exclusions or exemptions are not explicitly stated within these regulations, but they would typically be addressed within the broader legislative framework of the Naval Defence Act 1910-1918. The regulations themselves do not mention any extensions or restrictions through subordinate instruments, indicating that their application is direct and specific as outlined in the statutory rules.

Key Provisions

The Regulations under the Naval Defence Act 1910-1918, as amended by Statutory Rules 1923, No. 16, make several important changes to the existing Naval Forces Regulations (Regulation 6). These amendments primarily concern the alteration of rates of pay for various ranks and roles within the Commonwealth Naval Forces, and the conditions under which certain medals may be restored to service personnel. Regulation 6(1) modifies the subsection (ii) of paragraph (a) to include specific references to subsection (a)(3) of section 98 and to omit the previous reference to subsection (xii) of paragraph (a) (Regulation 6(1)). Regulation 6(2) replaces subsection (xii) with a new subsection that aligns the pay rates for Commonwealth Naval Forces with those outlined in section 98a (2) of the Act, specifying rates for wives, children, and bastard children, among others (Regulation 6(2)). Additionally, Regulation 6(3) introduces a new subsection (xiii) which modifies section 98a (5) to include deferred pay in its scope (Regulation 6(3)). Regulation 112 is amended to specify the retiring ages for officers of the Permanent Naval Forces (Sea-going) appointed prior to 1 January 1923, and to set new retiring ages for officers appointed on and after that date (Regulation 112(1) and (2)). The obligations imposed by these Regulations are primarily concerned with the administration of pay and the determination of retiring ages for naval officers. For instance, the Regulations mandate that officers of the Permanent Naval Forces (Sea-going) who receive their first appointment on and after 1 January 1923 must be placed on the Retired List upon attaining specific ages, depending on their rank (Regulation 112(2)). Furthermore, the Regulations require that the Naval Board must sanction the restoration of a Long Service and Good Conduct Medal to a Petty Officer or Man who has forfeited the medal due to misconduct, provided their character has been 'Very Good' for the last five years of service (Regulation 159a(1)). The Naval Board also has the discretion to restore a medal if the period of 'Very Good' character is less than five years, or if the service member has rendered special service (Regulation 159a(2) and (3)). Breach of the provisions within these Regulations may lead to specific consequences. For instance, any officer who fails to retire at the mandated age could be in violation of the Regulations, potentially leading to disciplinary action or other administrative consequences. Similarly, any unauthorised restoration of a Long Service and Good Conduct Medal without the sanction of the Naval Board could also result in disciplinary measures. While the Regulations do not explicitly state penalties, breaches of naval regulations generally could result in penalties as outlined in the Naval Defence Act 1910-1918, which might include fines or imprisonment, depending on the severity of the breach.