STATUTORY RULES.
1923. No. 81.
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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 Regulations under the Naval Defence Act 1910-1918, to come into operation forthwith.
Dated this twenty-seventh day of June, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. K. BOWDEN,
Minister of State for Defence.
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Amendment of Naval Forces Regulations.
(Statutory Rules 1921, No. 1, as amended to present date.)
1. Regulation 6 is amended as follows:—
(1) By omitting sub-paragraphs (xi), (xii), and (xiii) of paragraph (a), and inserting in their stead the following sub-paragraphs:—
“(xi) Section 98a of the Act shall in relation to the Commonwealth Naval Forces, be modified—
(a) as if for the words bastard child’ in sub-sections (1) and (2) (b) thereof, the words ‘ex-nuptial child’ were substituted.
(b) as if for the words ‘and for pre-maternity expenses in connexion with such child’ were inserted after the word ‘father’ in sub-section (1) thereof.
(c) As if for sub-paragraphs (i), (ii), and (iii) of sub section (2) thereof, the following sub-paragraphs were substituted:—
(i) in respect of a wife and child, or two or more children, three-fifths of the daily rate of pay.
(ii) in respect of a wife, or one child alone— two-fifths of the daily rate of pay.
(iii) in respect of an ex-nuptial child, or in respect of pre-maternity expenses in connexion with an ex-nuptial child—one-fifth of the daily rate of pay.
(d) as if the words ‘deferred pay and’ were inserted immediately after the words ‘other than’”.
C.7909.—Price 3D.
(2) By inserting in paragraph (b) after the word “when” the words “the ships are”.
(3) By inserting after paragraph (b) the following paragraph:—
“(c) (i) Any person in or belonging to the Commonwealth Naval Forces, who, by order of the Naval Board or of the Admiralty or of the Commander-in-Chief or the Senior Naval Officers present on a foreign station, is serving in a ship of or belonging to the Royal Navy or the Naval Forces of a self-governing Dominion or in a naval establishment of the Royal Navy or a self-governing Dominion, or who is on board any such ship or in any such establishment awaiting passage or conveyance to any destination shall, for all purposes of command and discipline, be subject to the laws and customs for the time being applicable to the Royal Navy or the ships and Naval Forces of the self-governing Dominion, as the case may be.
(ii) For the purposes of the preceding sub-paragraph the expression ‘self-governing Dominion means the Dominion of Canada, the Dominion of New Zealand, the Union of South Africa, or Newfoundland.”
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, as amended by the Naval Forces Regulations in 1923, was enacted to address the need for clear regulations governing the conduct, discipline, and pay entitlements of personnel in the Commonwealth Naval Forces. The Federal Parliament introduced these regulations to ensure uniformity and consistency in the enforcement of naval laws both domestically and in collaboration with other self-governing Dominions. The policy objective of these regulations was to align the treatment of Commonwealth Naval Forces personnel with the laws and customs applicable to the Royal Navy and the naval forces of other Dominions, thereby facilitating seamless cooperation and joint operations. This legislation also sought to rectify certain ambiguities in the original Act by modifying specific terms and providing clear guidelines on pay entitlements for different family circumstances.
Scope and Application
The Regulations under the Naval Defence Act 1910-1918 pertain specifically to the Commonwealth Naval Forces, affecting personnel who are either serving or awaiting passage on ships or within establishments of the Royal Navy, the Naval Forces of self-governing Dominions, or Commonwealth Naval Forces. The regulations address modifications to the existing Naval Forces Regulations, such as the substitution of terms like "ex-nuptial child" for "bastard child" and adjustments to the rates of pay for different family compositions. Additionally, these regulations establish that personnel serving on foreign stations or in foreign naval establishments are subject to the laws and customs applicable to those respective navies. This applies to Dominions such as Canada, New Zealand, the Union of South Africa, and Newfoundland, thereby extending the jurisdictional reach beyond Australia to include these territories. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, but they may be further defined through subordinate instruments.
Key Provisions
The regulations outlined in Statutory Rules 1923, No. 81, made under the Naval Defence Act 1910-1918, introduce several significant modifications to the existing Naval Forces Regulations, particularly focusing on the financial provisions and disciplinary standards for personnel serving in the Commonwealth Naval Forces. Regulation 6, as amended, modifies section 98a of the Act in several ways. Firstly, it replaces the term "bastard child" with "ex-nuptial child" in subsections (1) and (2)(b) (1). Secondly, it adds "and for pre-maternity expenses in connection with such child" after "father" in subsection (1). Thirdly, it adjusts the percentages of the daily rate of pay for different family situations: three-fifths for a wife and child or two or more children, two-fifths for a wife or one child alone, and one-fifth for an ex-nuptial child or pre-maternity expenses in connection with such a child (1)(c). Lastly, it includes "deferred pay and" after "other than" to clarify the scope of payments (1)(d).
These amendments impose specific obligations on the parties governed by the Act. Personnel in the Commonwealth Naval Forces who are serving in ships or naval establishments of the Royal Navy or self-governing Dominions, such as Canada, New Zealand, South Africa, or Newfoundland, must adhere to the laws and customs applicable to those respective naval forces (1)(c). This includes those who are on board any such ship or in any such establishment awaiting passage or conveyance to any destination. The regulation also introduces a requirement for officers to ensure that personnel are aware of and comply with these foreign laws and customs.
Breach of these regulations could lead to disciplinary action and potential civil or criminal consequences, depending on the severity and nature of the offence. While the specific penalties are not detailed in these regulations, breaches of naval discipline under the Naval Defence Act 1910-1918 can generally result in punishments ranging from fines to imprisonment, depending on the seriousness of the offence and the discretion of the court. It is important for personnel to be fully aware of both the Australian Naval Defence Act and the applicable foreign laws to avoid any inadvertent breaches.