STATUTORY RULES
1970 No. 35
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1968*
1, 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 1910-1968.
Dated this sixteenth day of March, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for the Navy.
Amendment of the Naval Forces Regulations†
After regulation 144 of the Naval Forces Regulations the following regulation is inserted:—
War service leave.
“144a.—(1.) Subject to such conditions as the Naval Board determines, a period of war service leave, calculated at such rate as the Naval Board determines, may be credited to a member of the Permanent Naval Forces who has rendered or renders, on or after the first day of July, 1968, special service, within the meaning of the Repatriation (Special Overseas Service) Act 1962-1966 or of that Act as amended at any time.
“(2.) A member of the Permanent Naval Forces may be granted war service leave under this regulation for a period equal to, or for periods aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence.
“(3.) Where a member of the Permanent Naval Forces has been paid an amount under regulation 250C of the Naval Financial Regulations instead of being granted a period of war service leave that might have been granted to him, his war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid that amount.”.
* Notified in the Commonwealth Gazette on 25 March 1970.
† 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 , 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; and 1969 No. 128.
Printed by Authority by the Government Printer of the Commonwealth of Australia
11130/70—Price 5c 10/19.2. 1970
Overview
The Statutory Rules 1970 No. 35, made under the Naval Defence Act 1910-1968, were introduced to address the need to provide war service leave for members of the Permanent Naval Forces who have rendered special service. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were published in the Commonwealth Gazette on 25 March 1970. The regulations were intended to amend the Naval Forces Regulations by inserting a new regulation regarding war service leave, allowing members of the Permanent Naval Forces who have undertaken special service to be credited with war service leave. The policy objective, as reflected in the regulation, is to provide a period of leave to members based on the conditions set by the Naval Board, ensuring that their war service leave credit is adjusted accordingly if they are absent from duty or have been compensated instead of being granted leave.
Scope and Application
The Statutory Rules 1970 No. 35, made under the Naval Defence Act 1910-1968, specifically amend the Naval Forces Regulations to introduce provisions for war service leave for members of the Permanent Naval Forces. This regulation applies to personnel who have rendered special service as defined under the Repatriation (Special Overseas Service) Act 1962-1966 or any subsequent amendments. The regulation allows for the crediting of war service leave, subject to conditions set by the Naval Board, and governs the calculation and reduction of leave credits, including scenarios where a member has been paid an equivalent amount instead of being granted leave. The regulation is applicable nationally within Australia and is not limited by state or territory boundaries. There are no specific exclusions, exemptions, or thresholds mentioned in the regulation itself, but it does note that the application and conditions are subject to determination by the Naval Board.
Key Provisions
The main operative sections of the Statutory Rules 1970 No. 35, made under the Naval Defence Act 1910-1968, introduce a new regulation concerning war service leave for members of the Permanent Naval Forces (section 144a). This regulation specifies that members who have rendered or render special service, as defined by the Repatriation (Special Overseas Service) Act 1962-1968, may be credited with a period of war service leave. The leave period and the rate at which it is calculated are determined by the Naval Board (section 144a(1)). Members can be granted leave equal to or aggregating their war service leave credit, and during such leave, their credit is reduced by the period of absence (section 144a(2)). If a member has been paid an amount under a different regulation (regulation 250C of the Naval Financial Regulations) instead of being granted leave, their leave credit is deemed to be reduced by the period for which the payment was made (section 144a(3)).
This Act imposes specific obligations on the Naval Board, which is responsible for determining the conditions under which war service leave is granted, the rate at which it is calculated, and the manner in which leave credit is managed. The Board must ensure that leave credits are accurately calculated and adjusted according to the provisions outlined in the regulation. Additionally, the Naval Board must ensure that any payments made to members under regulation 250C of the Naval Financial Regulations are appropriately reflected in the calculation of their war service leave credits.
There are no explicit provisions detailing offences, penalties, or civil or criminal consequences for breach of the regulation within the statutory rules themselves. However, it is implicit that any non-compliance with the Naval Defence Act 1910-1968 or its regulations could lead to disciplinary action, as per the general provisions of the Act and applicable Defence Force Discipline Rules. These consequences could include administrative penalties, fines, or other disciplinary measures as determined by the Naval Board or relevant authorities within the Defence Force.