Naval Forces Regulations (Amendment)

Overview

The Statutory Rules 1938, No. 70, represents a regulation under the Naval Defence Act 1910-1934, enacted to amend the Naval Forces Regulations concerning the retiring ages for sea-going forces. This legislative instrument was introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 5 July 1938. The regulation modifies the existing framework to include the insertion of the term "Surgeon Lieutenant-Commander" in sub-regulation (2) after the word "Commander" (second occurring) within Regulation 102 of the Naval Forces Regulations. The purpose of this amendment is to ensure that the retiring ages applicable to naval officers are clearly defined and updated to reflect the evolving needs and structures within the Australian naval forces. This regulatory change aims to maintain operational efficiency and readiness by providing clear guidelines for the service duration and retirement of naval personnel.

Scope and Application

The 1938 regulation under the Naval Defence Act 1910-1934 pertains to the amendment of the Naval Forces Regulations, specifically addressing the retiring ages for sea-going forces. This legislative instrument applies to personnel within the Australian Naval Forces, more precisely to Commanders and Surgeon Lieutenant-Commanders who are part of the sea-going forces. The regulation extends to the entire Commonwealth of Australia, thereby affecting all states and territories under the federal purview. The amendment introduces a specific change by inserting the designation "Surgeon Lieutenant-Commander" into sub-regulation (2) after the term "Commander" in the Naval Forces Regulations, thereby altering the retiring age criteria for this particular rank within the sea-going forces. The regulation does not explicitly state any exclusions or exemptions, and it operates within the confines of the broader legislative framework established by the Naval Defence Act 1910-1934. The regulation is a direct amendment to existing statutory rules and does not extend its application through subordinate instruments beyond what is specified in this particular legislative instrument.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the Naval Forces Regulations, specifically Regulation 102, which concerns the retiring ages for sea-going forces (Regulation 102(2)). This amendment inserts the phrase “and Surgeon Lieutenant-Commander” after the term “Commander” in the specified sub-regulation. This means that the retiring age criteria now explicitly include Surgeon Lieutenant-Commanders alongside other ranks such as Commanders. This Act imposes specific obligations on the naval personnel affected by the amendment. It mandates that Surgeon Lieutenant-Commanders, alongside Commanders, must adhere to the retiring age requirements outlined in the Naval Forces Regulations. This likely includes compliance with age-related standards for continued service in the naval forces. Such obligations are crucial for maintaining the operational readiness and efficiency of the naval forces by ensuring that personnel remain within the appropriate age brackets for their roles. The legislation does not explicitly state offences or penalties for non-compliance with the retiring age criteria. However, it is reasonable to infer that failure to adhere to these regulations could result in disciplinary actions, including the potential for discharge from service. While the specific penalties are not detailed in the text, such breaches could be addressed under other relevant military or naval laws, which might impose administrative or legal consequences on the affected personnel.