Naval Forces Regulations (Amendment)

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Statutory Rules

1974 No. 78.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1973.

Dated this fifteenth day of May, 1974.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Naval Forces Regulations†

Delegations,

1. Regulation 4a of the Naval Forces Regulations is amended—

(a) by inserting before sub-regulation (1) the following sub-regulation:—

“(1a) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.”;

(b) by inserting in sub-regulation (2) after the words “delegated by” the words “the Minister or”; and

(c) by omitting from sub-regulation (3) the words “Naval Board” and substituting the words “Minister or the Naval Board, as the case may be”.

Home Service Leave.

2. Regulation 138 of the Naval Forces Regulations is amended by omitting sub-regulations (1) to (5) (inclusive) and substituting the following sub-regulations:—

“(1) In this regulation—

‘member’ means a member other than a member—

(a) referred to in regulation 138a; or

* Notified in the Australian Government Gazette on 21 May 1974.

† Statutory Rules 1935, No. 133 as amended by Statutory Rules 1930, Nos. 63 and 119; 1938 Nos. 20, 46 70 and 91; 1939, Nos. 26, 27, 72 and 141; 1940, Nos. 123, 135, 147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 102; 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, Nos. 73; 1958, No. 88; 1957 No. 38; 1961, Nos. 51 and 67; 1963, Nos. 113 and 145: 1964, Nos. 143 and 157; 1965, Nos. 56 and 67; 1967, Nos. 20, 1968, No. 15 and 79; 1969. No. 28: 1970, Nos. 35, 71 and 179; 1971, No. 16; 1972, Nos. 1, 44, 75, 125 and 138, and 1973, Nos. 58, 105 and 274.

11329/74—Price 8c 10/5.3.1974

(b) who is a medical officer engaged, with the approval of the Naval Board, in employment as a resident medical practitioner at a hospital;

‘relevant year of service’ means the period of twelve months immediately preceding the first day of July in a year.

“(2) Subject to sub-regulation (5), leave in respect of home service, called home service leave, may be granted to a member by the Naval Board in respect of a period, not exceeding the period of that member’s entitlement, immediately before commencing that leave, to home service leave.

“(3) A period in respect of which home service leave may be granted to a member under this regulation shall be calculated inclusive of any Saturday, Sunday or public holiday occurring during that period.

“(4) Subject to sub-regulations (5a) and (5b), there accrues to a member on the first day of July in every year, in respect of home service rendered by him during the relevant: year of service, an entitlement, or an addition to his entitlement, to home service leave of Thirty-five days.

“(5) When the period from the date on which it is proposed to grant home service leave to a member to the end of the maximum period to which, but for this sub-regulation, home service leave could be granted to a member includes, or ends immediately before, the first day of July in any year, the maximum period for which the leave may be granted is increased by a period equal to the addition to the entitlement to home service leave of the member that will, if he continues to be a member, accrue on that first clay of July.

“(5a) Where a member has not rendered home service during the whole of the relevant year of service there accrues to the member on the relevant first day of July in respect of home service rendered by him during that year of service an entitlement to a period of home service leave of three days in respect of each completed month of home service rendered by that member during the relevant year of service.

“(5b) The period of entitlement of a member to home service leave under this regulation in respect of a period of home service rendered by him shall be increased—

(a) where the member, during that period—

(i) serves in a ship where command money is payable to the officer-in-command of the ship;

(ii) serves in a sea air rescue craft in commission;

(iii) serves in a remote locality;

(iv) is posted its a member of a fleet clearance diving team; or

(v) serves as an aircrew trainee,

by a period of one day in respect of each month during which the member so serves or is so posted and by an additional period of one day in respect of each period of six months during which the member so serves or is so posted; and

(b) where the member, during that period, is posted for full flying duties ashore or is posted for air crew duty with the Air Force of the Commonwealth and, in the course of the performance of that duty, flies as the pilot or as another member of the aircrew of a military aircraft—

(i) by a period of one day in respect of each month during which the member so flies for a period of not less than eight and one-third hours;

(ii) by an additional period of one day in respect, of each period of six months during which the member so flies for a period of not less than eight and one-third hours during each month; and

(iii) by a further additional period of one day in respect of each period of two months during which the member so flies for a period of less than eight and one-third hours but not less than four and one-sixth hours in each month.

“(5c) For the purposes of sub-regulation (5b), where a member is posted for service of a nature referred to in paragraph (b) of that sub-regulation and undertakes, as (lie pilot or as another member of the aircrew of a military aircraft, a flight in that military aircraft, the duration of which is less than one hour, the duration of (hat flight shall be deemed to be one hour.

“(5d) The Minister may, after taking into consideration—

(a) the distance of an area from a major centre of population;

(b) the climatic conditions encountered in the area;

(d) the availability of facilities in the area of a kind usually enjoyed in a major centre of population,

determine that the area is a remote area for the purposes of this regulation.”.

3. After regulation 138 of the Naval Forces Regulations, the following regulation is inserted:—

Leave of Absence—certain members.

“138a. Leave of absence may be granted by tire Commanding Officer of a member to that member where the member is—

(a) an officer and is undertaking a course of academic studies at the Royal Australian Naval College or a full-time course of academic studies at another institution being a recognized institution of tertiary education—in respect of any period during which his attendance at that College or other institution is not required for the purposes of that course; and

(b) is a sailor holding the rank of Apprentice, Junior Musician or Junior Recruit and is undertaking a course of training at a junior training establishment—in respect of any period during which his attendance at that establishment is not required for the purposes of that course.

Application.

4. (1) The amendments effected by these Regulations apply to and in relation to service rendered by a member after 1 January 1973.

(2) Where a member has been granted a period or periods of home service leave under the Naval Forces Regulations as in force immediately before the commencement of these Regulations in respect of service after 1 January 1973 his entitlement to home service leave under those Regulations as amended by these Regulations shall be deemed to be reduced by a period equal to that first-mentioned period or periods.

Printed by Authority by the Government Printer of Australia

Overview

The Statutory Rules 1974 No. 78, titled "Regulations Under the Naval Defence Act 1910-1973", were enacted to address the need for updating the existing Naval Forces Regulations. These regulations were introduced to provide clarity and amendments to various aspects of naval service, including delegation of powers, and the granting of home service leave and leave of absence to members of the naval forces. The enacting body responsible for these regulations was the Governor-General of Australia, acting with the advice of the Executive Council, which underscores the importance and authority of these amendments. The policy objective behind these regulations is to ensure that the administration of the naval forces remains efficient and responsive to the needs of its members while maintaining the integrity and effectiveness of naval operations. These regulations amend existing provisions to allow for more flexible delegation of powers by the Minister, introduce a new definition for home service leave, and specify the conditions under which leave of absence may be granted to certain members. The amendments are designed to take effect from 1 January 1973, ensuring that all service rendered after this date is subject to the new provisions. The regulations also provide for the reduction of entitlement to home service leave for members who have already been granted such leave under the previous regulations, thereby maintaining fairness and consistency in the application of leave entitlements.

Scope and Application

The Statutory Rules 1974 No. 78, made under the Naval Defence Act 1910-1973, amends the Naval Forces Regulations. These amendments apply to all members of the Naval Forces who render service after 1 January 1973. The changes include modifications to delegation powers, with the Minister now able to delegate certain powers and functions to other individuals or entities, except for the power of delegation itself. Furthermore, the new regulations introduce specific provisions for home service leave, detailing the entitlements and accrual rates for members based on their service conditions and locations. The regulations also include provisions for leave of absence for certain members undertaking academic studies or training courses. The Minister has the authority to determine whether certain areas qualify as remote for the purposes of these leave entitlements, based on various factors such as distance from major population centres and the availability of facilities. These amendments are effective for service rendered by members after 1 January 1973, and they adjust the entitlements of those who have already been granted home service leave under the previous regulations. The application of these regulations is limited to the Australian Commonwealth, governing the conduct and entitlements of members of the Naval Forces within this jurisdiction. Subordinate instruments may further extend or restrict the application of these regulations as deemed necessary.

Key Provisions

The Regulations under the Naval Defence Act 1910-1973 primarily amend the Naval Forces Regulations, impacting the delegation of powers, home service leave, and leave of absence for certain members. Regulation 4a allows the Minister to delegate powers and functions under these Regulations, except for the power of delegation itself (sub-regulation 1a). Sub-regulation (2) permits the delegation to include the Minister or the Naval Board, and sub-regulation (3) removes the reference to the Naval Board. These amendments impose obligations on the Minister and the Naval Board to manage and possibly delegate specific powers related to naval operations and leave entitlements. The Minister's ability to delegate powers ensures streamlined decision-making processes and allows for efficient administration of naval affairs. For home service leave, the Naval Board must grant leave to eligible members based on their service and the conditions set forth in regulation 138. This includes calculating leave entitlements based on the relevant year of service and adjusting for specific service conditions such as remote service or aircrew duties. Additionally, leave of absence is permitted for officers undertaking academic studies at the Royal Australian Naval College or another recognized institution, and for sailors in certain ranks undergoing training at junior training establishments, during periods when their attendance is not required (regulation 138a). These provisions ensure that personnel can balance their professional duties with educational or training commitments. For breaches of these Regulations, the primary consequences would stem from the failure to adhere to the specified procedures for delegation, leave entitlement calculations, and leave of absence approvals. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of the underlying Naval Defence Act or other related laws could lead to administrative or legal consequences. These might include disciplinary actions, financial penalties, or other sanctions as determined by the relevant authorities. The absence of specific penalties within the Regulations suggests that broader legislative frameworks would govern the enforcement and consequences of non-compliance.

Area of Law: Defence & Military Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegations; Home Service Leave; Leave of Absence

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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