STATUTORY RULES.
1964. No. 157.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1964.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1964.
Dated this 11th day of December, 1964.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
F. CHANEY
Minister of State for the Navy.
Amendments of the Naval Forces Regulations.†
Parts.
1. Regulation 3 of the Naval Forces Regulations is amended by adding at the end thereof the words—
“Part III.—Naval Emergency Reserve Forces.”.
2. After regulation 168 of the Naval Forces Regulations the fallowing Part is inserted:—
“Part III.—Naval Emergency Reserve Forces.”.
Periods of engagement.
“169. The prescribed period, for the purposes of section 25 of the Acts, is, in the case of a person who enlists as a seaman in the Naval Emergency Reserve Forces—
(a) if he has not attained the age of forty-five years—five years; or
(b) in any other case—a period expiring on the day on which he will attain the age of fifty years.”.
* Notified in the Commonwealth Gazette on 21 December, 1964.
† Statutory Rules 1935, No. 133 as amended to date. For previous amendments of the Naval Forces Regulations, see footnote † to Statutory Rules 1964, No. 143 and see also Statutory Rules 1964, No. 143.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
14962/64.––Price 6d. 9/26.11.1964.
Overview
The Statutory Rules 1964 No. 157, under the Naval Defence Act 1910-1964, was enacted to introduce amendments to the existing Naval Forces Regulations. This legislation was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into effect on the 11th of December, 1964. The primary purpose of these regulations was to establish the Naval Emergency Reserve Forces, thereby addressing the need for a structured reserve force within the naval defence system. The policy objective, as indicated in the text, was to formalise the enlistment periods for members of the Naval Emergency Reserve Forces, distinguishing between those who enlist before and after the age of forty-five years.
Scope and Application
The Statutory Rules 1964, No. 157, under the Naval Defence Act 1910-1964, amend the Naval Forces Regulations to include provisions concerning the Naval Emergency Reserve Forces. This legislative instrument applies to individuals who enlist in these forces, specifically detailing their periods of engagement. The regulation sets a prescribed period for enlistment: five years for those under forty-five years of age and until the age of fifty for those who are older. The scope of this Act is narrowly focused on the terms and conditions of engagement for members of the Naval Emergency Reserve Forces, thereby affecting the individuals directly involved in such enlistments. The regulations extend to the entire Commonwealth of Australia, ensuring a uniform application of these enlistment terms across the nation. There are no stated exclusions or exemptions within the text provided, and the Act does not mention any thresholds or conditions that might restrict its application. Subordinate instruments may further elaborate on specific aspects of the Naval Emergency Reserve Forces, but the primary focus remains on the enlistment periods as outlined.
Key Provisions
The key provisions of these regulations primarily concern the amendment and expansion of the Naval Forces Regulations to include a new section titled "Naval Emergency Reserve Forces" (regulation 169). This regulation specifies the prescribed periods of engagement for individuals enlisting in these forces. For those who join as seamen under the age of forty-five, the period of engagement is set at five years. However, for those who are older, the engagement period extends until the individual reaches the age of fifty.
These regulations impose specific obligations on individuals enlisting in the Naval Emergency Reserve Forces, primarily concerning their service duration. Those enlisting before the age of forty-five are required to commit to a service period of five years. Those enlisting after forty-five must serve until they reach fifty, effectively ensuring that all members contribute to the Naval Emergency Reserve Forces for a significant duration based on their age at enlistment.
In terms of consequences for breach, the regulations do not explicitly outline penalties for non-compliance with the specified periods of engagement. However, under the overarching Naval Defence Act 1910-1964, failure to adhere to enlistment obligations could potentially result in legal repercussions. These might include disciplinary action, discharge from service, or other administrative measures deemed appropriate by the relevant authorities. Given the nature of military service, any breach could also have broader implications for national security and the effective functioning of the naval forces.