EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 205
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES REGULATIONS (AMENDMENT)
Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 make various changes to the titles and structures of the Reserve Forces in the Air Force, the Army and the Navy. These changes, which stem from recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, come into operation from the date of proclamation (on 30 September 1983). Part XV amends the Naval Defence Act 1910 (“the Act”) to make the necessary changes in relation to Navy Reserve Forces. Under these amendments, the Citizen Naval Forces are renamed as the Australian Naval Reserve.
The Naval Forces Regulations, made under the Act, prescribe various matters for the purposes of the Act, including provisions relating to the Reserve Forces.
This Statutory Rule makes amendments to the Naval Forces Regulations consequential on those made by Part XV of the Statute Law Revision Act 1981. The effect of these amendments is set out below.
Regulation 2 of the Statutory Rule repeals regulation 180, which prescribes the Chief of Naval Personnel as an authority for determining periods of service which members are obliged to render, and substitutes new regulations 180, 180A, 180B, 180C, 180D and 180E, which provide for the rendering of Reserve Service in accordance with a revised section 32A of the Act.
The new regulation 180 requires the Chief of Naval Staff to determine training periods in respect of the Australian Naval Reserve generally, or in respect of different parts or classes of members of that Reserve.
The new regulation 180A enables the Chief of Naval Staff to fix periods of naval service to be rendered by members in each training period. There is provision for different periods of naval service to be fixed for different parts or different classes of members of the Australian Naval Reserve. There is also provision for the Chief of Naval Staff to exempt particular members or particular classes of members from the obligation to render naval service.
The new regulation 180B prescribes the Chief of Naval Personnel as the authority to specify a period of service that a member of the Australian Naval Reserve is bound to render within a period for which he has voluntarily undertaken to render service.
The new regulations 180C and 180D prescribe the Chief of Naval Staff as the authority to fix periods of training and kinds of naval service which may be rendered by members of the Australian Naval Reserve who voluntarily undertake to render service in addition to the service they are bound to render.
The new regulation 180E prescribes the Chief of Naval Personnel as an authority to determine periods of service for members of the Australian Naval Reserve who have been called out under section 50B of the Defence Act.
Regulations 3 and 5 of the Statutory Rule repeal regulations 182 and 203, made redundant by the new scheme.
Regulation 4 of the Statutory Rule substitutes a new regulation 201 to prescribe a method for calculating the credit to be obtained where a period of service rendered has been less than one day.
Regulation 6 of the Statutory Rule makes the amendments set out in the Schedule to the Statutory Rule, which are title changes corresponding to those made by Part XV of the Statute Law Revision Act 1981.
Commencement
The Statutory Rule comes into operation on 30 September 1983, the date from which Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 are proclaimed to commence.