STATUTORY RULES.
1924. No. 171.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
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 1910-1918, to come into operation forthwith, unless otherwise specified herein.
Dated this twelfth day of November, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. K. BOWDEN.
Minister of State for Defence.
Amendment of Naval Forces Regulations.
(Statutory Rules 1921, No. 1, as amended to present date.)
1. Regulation 62 is amended as from 1st January, 1921, by omitting from clause (a) the words “nor over 28”.
2. Regulation 69 is amended by adding at the end of clause (a) the words “provided that the whole or any part of the sea service required may be waived on the recommendation of the Naval Board in cases where the failure to serve at sea is due to causes outside the officer’s control”.
3. Regulation 72 is amended by adding at the end of clause (a) the words “provided that the whole or any part of the sea service required may be waived on the recommendation of the Naval Board in cases where the failure to serve at sea is due to causes outside the officer’s control”.
4. After regulation 152 the following regulation is inserted:—
“152a. (1) On first appointment to a sea-going ship on leaving the Royal Australian Naval College, each Cadet Midshipman will be supplied with the following articles, on loan:—
1 dirk and belt.
1 pair binoculars, prism.
1 telescope.
(2) On the officer being rated Acting Sub-Lieutenant, or on his discharge from the Service, the dirk and belt shall be returned to the Victualling Store Officer, Sydney.
C.15474.—Price 3d.
(3) The other articles on loan are to be returned to the Naval Store Officer, Sydney, in the following events:—
(a) On the discharge from the Service of an officer before attaining the rank of Lieutenant.
(b) On an officer finally qualifying for specialization in Engineering.
On promotion to the rank of Lieutenant, these articles shall become the personal property of the officer.
(4) In the event of loss or damage, these articles shall be replaced at the officer’s own expense unless it is proved that the loss or damage was caused by circumstances beyond his control.
(5) The instruments shall be inspected quarterly by the Commanding Officer of the ship in which junior officers are serving, and he shall satisfy himself that they are in good condition.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1924 No. 171, Regulations under the Naval Defence Act 1910-1918, were enacted by the Governor-General in Council, providing amendments to existing regulations. These amendments were designed to address specific operational and logistical aspects of naval service within the Royal Australian Navy. The problem or gap these regulations aimed to address includes the need to update the service requirements for officers, particularly concerning sea service and the provision of equipment to junior officers. The policy objective, as implied by the amendments, is to ensure the efficiency and readiness of the naval forces while accommodating circumstances that might hinder an officer's ability to fulfill their service obligations.
Scope and Application
The Naval Defence Act 1910-1918, as amended by these Regulations, applies to all officers within the Royal Australian Navy, including Cadet Midshipmen, Acting Sub-Lieutenants, and those of higher ranks. These regulations specifically address service requirements, the provision and management of specific equipment, and the circumstances under which sea service may be waived. The scope of the legislation extends across the Commonwealth of Australia and includes both personnel and equipment. Notably, these regulations cover the loan and eventual ownership of items such as dirks, belts, binoculars, and telescopes for Cadet Midshipmen, with particular emphasis on the conditions under which these items are returned or become personal property. Additionally, the regulations allow for the waiver of sea service on the recommendation of the Naval Board in cases where an officer's failure to serve at sea is due to causes outside their control. The regulations do not explicitly state exclusions or exemptions, but the conditions under which certain sea service or equipment provisions may be altered or waived imply certain thresholds or circumstances where the standard regulations do not apply. The application and enforcement of these regulations may be extended or restricted through subordinate instruments, as allowed under the overarching Naval Defence Act 1910-1918.
Key Provisions
The Regulations under the Naval Defence Act 1910-1918, specifically outlined in Statutory Rules 1924, No. 171, contain several key amendments to the existing Naval Forces Regulations. Most notably, Regulation 62 has been amended by removing the age limit of 28 for certain sea service requirements (Section 1). Additionally, Regulations 69 and 72 have been modified to allow for the waiver of sea service requirements due to uncontrollable circumstances, subject to a Naval Board recommendation (Section 2 and 3). Furthermore, a new Regulation 152a has been introduced, stipulating that Cadet Midshipmen upon their first appointment to a sea-going ship must be provided with specific articles on loan, including a dirk and belt, binoculars, and a telescope (Section 4).
These amendments impose various obligations on naval officers and the Naval Board. For instance, officers are required to return the loaned articles to the appropriate Naval Store Officer under certain conditions, such as upon discharge or achieving certain ranks (Section 4). Additionally, officers must ensure that these articles are inspected quarterly and maintained in good condition by the ship's Commanding Officer (Section 4). The Naval Board is also tasked with reviewing and recommending waivers for sea service requirements in cases of uncontrollable circumstances (Section 2 and 3).
Failure to comply with the provisions outlined in these regulations may result in various consequences. For example, officers who fail to return loaned articles on time or in good condition may be required to replace them at their own expense unless they can prove the loss or damage was beyond their control (Section 4). Additionally, while the regulations do not explicitly state penalties for non-compliance, officers and the Naval Board are expected to adhere to the outlined procedures to avoid any adverse effects on their service and career progression.