Statutory Rules
1980 No. 7
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910.
Dated this twenty-fourth day of January, 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command
(Sgd J. E. McLEAY)
Minister of State for Administrative Services for and on behalf of the
Minister of State for Defence
AMENDMENTS OF THE NAVAL FORCES REGULATIONS †
Judge Advocate-General for the Navy
1. Regulation 20a of the Naval Forces Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulations:
“ (1) In this regulation ‘ appoint ’ includes re-appoint.
“ (2) The Governor-General may, by instrument in writing appoint—
(a) a Judge Advocate-General for the Navy; and
(b) a Deputy Judge Advocate-General for the Navy.
“ (2a) Subject to sub-regulation (2b), a person appointed under sub-regulation (2) holds office for such period, not exceeding 3 years as is specified in the instrument of his appointment
* Notified in the Commonwealth of Australia Gazette on 1 February 1980
† Statutory Rules 1935 No. 133 as amended by Statutory Rules 1936 Nos. 63 and 119; 1938 Nos. 20, 46, 70 and 91; 1939 Nos. 26, 27, 72 and 143; 1940 Nos. 123, 135, 147, 197, 217 and 240; 1941 Nos. 21, 187, 215 and 242; 1942 Nos. 48 and 202; 1943 No. 42; 1944 No. 63; 1946 Nos. 26 and 32; 1947 Nos. 34 and 130; 1948 Nos. 37, 87 and 88; 1950 Nos. 4 and 26; 1951 Nos. 53, 66 and 165; 1953 No. 19; 1954 Nos. 28, 115 and 123; 1955 Nos. 5 and 16; 1956 No. 78; 1958 No. 88; 1959 No. 38; 1961 Nos. 51 and 67; 1963 Nos. 113 and 145; 1964 Nos. 143 and 157; 1965 Nos. 56 and 67; 1967 No. 20; 1968 Nos. 15 and 79; 1969 No. 128; 1970 Nos. 35, 71 and 179; 1971 No. 16; 1972 Nos. 1, 44, 75, 125 and 158; 1973 Nos. 58, 105 and 274; 1974 No. 78; 1975 No. 1; 1976 Nos. 15 and 56; and 1978 Nos. 54 and 75; and 1979 No. 251
13341/79 Cat. No. ––Recommended retail price 20c 12/2 1 1980
“ (2b) A. person appointed under sub-regulation (2) may, by writing signed by him, delivered to the Governor-General, resign his office, and the resignation shall take effect on the day on which it is received by the Governor-General or on such later day as is specified in the writing.”.
Application to present office holders
2. A person holding office as the Judge Advocate General for the Navy, or the Deputy Judge Advocate General for the Navy, immediately before these Regulations come into effect shall be deemed to have been appointed for a period of 3 years commencing on the date of his appointment.
Printed by Authority by the Commonwealth Government Printer
Overview
The Naval Defence Act 1910 was enacted to establish the legal framework governing the defence of Australia's maritime borders and interests, ensuring that the Australian Navy could operate effectively in times of peace and conflict. The Act has been amended over time to reflect changes in military structure and operational requirements. In 1980, Statutory Rules 1980 No. 7, under the authority of the Naval Defence Act 1910, introduced amendments to the Naval Forces Regulations, specifically targeting the roles and terms of office for the Judge Advocate-General for the Navy and the Deputy Judge Advocate-General for the Navy. This legislative instrument was made by the Governor-General, acting with the advice of the Federal Executive Council, and aimed to streamline the appointment and tenure of these key legal roles within the Navy.
Scope and Application
The Naval Defence Act 1910, as amended by the Statutory Rules 1980 No. 7, governs the appointment and term of office for the Judge Advocate-General for the Navy and the Deputy Judge Advocate-General for the Navy. These regulations apply to individuals appointed to these positions by the Governor-General in writing, who can hold office for a period not exceeding three years, as specified in their instrument of appointment. A person appointed under this regulation can resign by delivering a signed writing to the Governor-General, with the resignation taking effect on the date it is received or a later specified date. Those already holding these offices immediately before the regulations come into effect are deemed to have been appointed for a term of three years from the date of their initial appointment. This legislative instrument operates within the Commonwealth jurisdiction, ensuring that the roles of the Judge Advocate-General and the Deputy Judge Advocate-General are clearly defined and limited in their duration, facilitating orderly transitions and accountability in these key legal positions within the naval forces.
Key Provisions
The main operative sections of these regulations are those which pertain to the appointment and duration of the offices of Judge Advocate-General for the Navy and Deputy Judge Advocate-General for the Navy. Regulation 20a specifies that the Governor-General has the authority to appoint these positions (Regulation 20a(2)), and the appointment can include re-appointment. The appointed individuals hold office for a period not exceeding three years, as specified in their instrument of appointment (Regulation 20a(2a)). Furthermore, these appointed individuals may resign their positions by submitting a written resignation to the Governor-General, which takes effect on the day it is received or on a later date specified in the resignation letter (Regulation 20a(2b)).
These regulations impose specific obligations and requirements on the parties involved. The Governor-General is tasked with the responsibility of appointing the Judge Advocate-General for the Navy and the Deputy Judge Advocate-General for the Navy, and these appointments must be made in writing (Regulation 20a(2)). The appointed individuals are expected to serve for the duration specified in their appointment instruments, up to a maximum of three years (Regulation 20a(2a)). Additionally, if an individual wishes to resign, they must do so by delivering a signed resignation to the Governor-General, and the resignation will take effect on the date of receipt or a later date specified within the resignation (Regulation 20a(2b)).
Any breach of these regulations may not explicitly outline specific offences, penalties, or civil/criminal consequences in the provided text. However, it is implicit that failure to adhere to the stipulated procedures for appointment and resignation could lead to legal implications. For instance, an improper appointment or resignation could potentially render the officeholder's actions invalid, thereby affecting the legal standing and authority of the Naval Defence Act 1910. While the exact penalties are not detailed in the text, any significant deviation from these regulations could invite judicial scrutiny and potential legal consequences for the parties involved.