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.
Overview
The Naval Forces Regulations (Amendment) Statutory Rules 1983 No. 205, issued under the authority of the Minister for Defence, were enacted to address the recommendations of the 1974 Millar Committee Report on the Citizen Military Forces and to align the Naval Defence Act 1910 with these recommendations. The objective of these Statutory Rules is to update the structure and terminology of the Reserve Forces within the Navy, particularly in response to the renaming of the Citizen Naval Forces to the Australian Naval Reserve. The changes made by these Statutory Rules are consequential amendments to the Naval Forces Regulations, necessitated by the modifications to the Act introduced by Part XV of the Statute Law Revision Act 1981. The Statutory Rules came into operation on 30 September 1983, the same date as the commencement of the relevant provisions of the Statute Law Revision Act 1981.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rules 1983 No 205, issued under the authority of the Minister for Defence, amend the Naval Forces Regulations to reflect changes made to the Naval Defence Act 1910 by the Statute Law Revision Act 1981. These changes, which are based on the recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, involve renaming the Citizen Naval Forces as the Australian Naval Reserve and modifying the structure of Reserve Forces in the Air Force, Army, and Navy. The regulations specify new provisions for the determination of training periods and service obligations for members of the Australian Naval Reserve, with authority vested in the Chief of Naval Staff and the Chief of Naval Personnel. The amendments also include changes to the calculation of credits for periods of service rendered and the repeal of certain redundant regulations. These changes are effective from 30 September 1983, the date of proclamation of the Statute Law Revision Act 1981.
Key Provisions
The main operative sections of the Naval Forces Regulations (Amendment) Statutory Rule 1983 No. 205 pertain to the restructuring of the Naval Reserve Forces in light of the recommendations of the 1974 Millar Committee Report on the Citizen Military Forces. Specifically, section 2 of the Statutory Rule repeals regulation 180, which previously allowed the Chief of Naval Personnel to determine periods of service for members, and introduces new regulations 180, 180A, 180B, 180C, 180D, and 180E. These new regulations delineate the roles of the Chief of Naval Staff and the Chief of Naval Personnel in determining training periods, fixing periods of naval service, and specifying periods of service for members who voluntarily undertake additional service. Additionally, section 6 of the Statutory Rule makes title changes that correspond to those in Part XV of the Statute Law Revision Act 1981, renaming the Citizen Naval Forces as the Australian Naval Reserve.
The obligations imposed by these regulations primarily concern the authorities responsible for determining periods of service and training for members of the Australian Naval Reserve. The Chief of Naval Staff is tasked with determining training periods and fixing periods of naval service, with the ability to set different periods for different classes of members and to exempt certain members or classes from service obligations. The Chief of Naval Personnel is responsible for specifying periods of service for members who have voluntarily undertaken service and for determining periods of service for members called out under section 50B of the Defence Act. These regulations ensure that the processes for managing the service and training of members within the Australian Naval Reserve are clearly defined and executed.
Breaches of the obligations set out in the Naval Forces Regulations could lead to various consequences. While the Statutory Rule does not explicitly detail specific offences or penalties, it is reasonable to infer that failure to comply with the regulations could result in administrative or disciplinary actions against the relevant authorities. Given the military context, severe non-compliance might also lead to legal action under broader Defence Act provisions, which could include both criminal and civil penalties. The exact nature and severity of these penalties would depend on the specifics of the breach and the applicable military law.