STATUTORY RULES.
1941. No. 242.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910–1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910–1934.
Dated this twenty second day of October, 1941.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
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Amendment of the Naval Forces Regulations.†
After regulation 81b of the Naval Forces Regulations, the following regulation is inserted:—
Entry and advancement of ratings in Motor Mechanic Branch.
“81c. (1) In time of war, a man may be entered in the Motor Mechanic Branch of the Permanent Naval Forces (Sea-going) in the rating of Acting Motor Mechanic 4th Class for a period of two years’ service, or for the duration of the war, whichever is the longer.
(2) To be eligible for entry as Acting Motor Mechanic 4th Class, a man shall be not less than twenty-one or more than 45 years of age, and shall—
(a) have passed the standard educational test required to be passed by an Engine Room Artificer prior to entry;
(b) produce written evidence of having been employed as a motor mechanic for a period of not less than five years during the last preceding ten years; and
(c) have been awarded a certificate of competency as an ‘A’ Grade motor mechanic by the appropriate authority of a State or Territory of the Commonwealth.
(3) The rating and relative rating of men in the Motor Mechanic Branch shall be as prescribed in the following table:—
| Rating. | Relative Rating. | |
| Motor Mechanic— | | |
| Acting 4th Class.................... | Petty Officer | |
| 4th Class......................... | Petty Officer | |
| 3rd Class......................... | Chief Petty Officer | |
| 2nd Class........................ | Chief Petty Officer | |
| 1st Class......................... | Chief Petty Officer | |
(4) Advancement of a rating to a higher rating in the Motor Mechanic Branch shall be subject to such conditions as the Naval Board determines.”.
* Notified in the Commonwealth Gazette on , 1941.—Twentieth amendment.
† 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; and 1941, Nos. 21, 187 and 215.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5905.—20/11.9.1941.—Price 3d.
Overview
The Naval Defence Act 1910–1934 was enacted by the Parliament of Australia to provide for the defence of the nation through the establishment and management of naval forces. The Act was amended in 1941 through Statutory Rules to address the urgent need to bolster the Navy's technical capabilities during wartime. Specifically, the Regulations under the Act, amended by Statutory Rules 1941, No. 242, introduced new provisions concerning the entry and advancement of ratings in the Motor Mechanic Branch. This amendment aimed to ensure a steady influx of qualified motor mechanics into the Navy, addressing the critical shortage of skilled personnel required to maintain and operate naval motor vehicles and machinery during the Second World War. The policy objective was to enhance the Navy's operational efficiency and effectiveness by incorporating experienced civilian motor mechanics into its ranks.
Scope and Application
The Naval Defence Act 1910–1934, as amended by these regulations, applies to individuals who seek to join the Motor Mechanic Branch of the Australian Navy during times of war. Specifically, it pertains to the entry and advancement of ratings within this branch. The regulations are applicable to any man who wishes to enlist as an Acting Motor Mechanic 4th Class, provided they meet the specified age, educational, and employment criteria. The geographic scope of these regulations is nationwide, affecting all individuals within the Commonwealth of Australia. These regulations do not specify any exclusions or exemptions; they apply universally to eligible candidates. The regulations also establish the hierarchy of ratings within the Motor Mechanic Branch, prescribing the relative ranking of each position. The Naval Board has the authority to determine the conditions for advancement within these ratings.
Key Provisions
The main operative sections of this regulation concern the entry and advancement of ratings in the Motor Mechanic Branch of the Permanent Naval Forces (Sea-going) during wartime. Regulation 81c(1) states that a man may be entered in the Motor Mechanic Branch for a period of two years or for the duration of the war, whichever is longer. Regulation 81c(2) outlines the eligibility criteria for entry as Acting Motor Mechanic 4th Class, including age limits, educational requirements, employment history, and competency certificates. Regulation 81c(3) specifies the rating structure within the Motor Mechanic Branch, and regulation 81c(4) notes that advancements within the branch are subject to conditions determined by the Naval Board.
This regulation imposes several obligations on the parties it governs. Firstly, potential recruits must meet the age, educational, employment, and certification criteria outlined in regulation 81c(2) to be eligible for entry as Acting Motor Mechanic 4th Class. Secondly, the Naval Board is responsible for determining the conditions for advancement within the Motor Mechanic Branch, as stated in regulation 81c(4). These obligations ensure that only qualified and experienced individuals are enlisted in the Motor Mechanic Branch and that advancements are based on merit and performance.
Breaches of the conditions set out in these regulations could result in various civil and criminal consequences. For example, if a person falsifies their qualifications or employment history to meet the eligibility criteria, they could face charges of fraud or deceit, which could lead to criminal prosecution. Additionally, if a person is found to have advanced in rank without meeting the conditions determined by the Naval Board, they could face disciplinary action, including dismissal from service. The maximum penalties for such offences are not specified in the regulation but could vary depending on the severity of the breach and the applicable laws at the time.