EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 132
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE NAVAL FORCES REGULATIONS (AMENDMENT)
Section 34 of the Naval Defence Act applies the (Imperial) Naval Discipline Act 1957 to the Navy subject to such exceptions, modifications and adaptations as are prescribed.
The Naval Forces Regulations, made under the Naval Defence Act, make provision for disciplinary matters and conditions of service, other than financial conditions of service, for members of the Navy.
Modifications to the (Imperial) Navy Discipline Act are set out in regulation 8 of the Naval Forces Regulations and in Schedule 1 to those Regulations.
Regulation 1 of this Statutory Rule makes a minor amendment to regulation 8 of the Naval Forces Regulations so that the drafting is more consistent with the terminology used in section 34 of the Naval Defence Act.
Item 18 of Schedule 1 to the Naval Forces Regulations modifies section 53 of the (Imperial) Naval Discipline Act. As modified, sub-section 53(1) enabled the holding of a court-martial to be ordered by the Chief of Naval Staff or by an officer of the Navy or of the Royal Navy who is authorised by commission granted by the Governor-General.
This provision caused difficulties both in relation to the form of commission required and the authority to revoke a commission.
This Statutory Rule amends the modification to section 53 of the (Imperial) Naval Discipline Act so that the authorisation by the Governor-General is by instrument in writing instead of by commission and so that the Governor-General is given express power to revoke an authorisation.
These amendments are dealt with in regulation 2 of the Statutory Rule. Regulation 2 also makes a minor change to Schedule 1 to the Regulations so that the drafting is more consistent with the terminology used in section 34 of the Naval Defence Act, and makes provision for the officer authorised to be identified by name or by reference to his office or appointment.
Regulation 3 of the Statutory Rule is a transitional provision which continues in force any commission granted by the Governor-General under the previous provisions and confers on the Governor-General an express power to revoke any commission so continued.
The amendments take effect from the date of gazettal.