Naval Forces Regulations (Amendment)

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STATUTORY RULES.

1958. No. 88

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

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 1910-1952.

Dated this  19th

day of  December , 1958.

W.J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for the Navy.

Amendments of the Naval Forces Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of January, 1959

2. Regulation 8 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead:—

Modifications, &c. of the Naval Discipline Act.

"8.—(1.) For the purpose of the application of the Naval Discipline Act to the Naval Forces by virtue of section 36 of the Acts, the Naval Discipline Act is subject to the modifications and adaptations specified in the Schedule to these Regulations.

"(2.) In the construction of the Naval Discipline Act as so modified and adapted, references inserted in that Act to Acts, regulations, authorities, persons and things shall, unless the contrary intention appears, be deemed to be references to Acts, regulations, authorities, persons and things in or of the Commonwealth of Australia.".

*Notified in the Commonwealth Gazette on 23rd Dec. , 1958.

†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 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; and 1956, No. 78.

8587/58.—Price 5d.  10/15.12.1958.


The schedule,

3. The Naval Forces Regulations are amended by adding at the end thereof the following schedule:—

THE SCHEDULE. Regulation 8.

MODIFICATIONS AND ADAPTATIONS OF THE NAVAL DISCIPLINE ACT IN ITS APPLICATION TO THE NAVAL FORCES.

(i) Modifications.

Item

No.

Section of Act.

Extent of Modification.

(1.)

21

Omit the words "regulations issued under the authority of the Admiralty, the Army Council or the Air Council" and insert in their stead the words "directions issued by the Naval Board, the Military Board or the Air Board or regulations applying to or in relation to the Defence Force".

(2.)

23

Omit from paragraph (a) the words "High Court" and insert in their stead the words "appropriate Court in Australia authorized to act as a Prize Court".

(3.)

32

Omit from paragraph (a) the words "subsection (1) of section one of the Naval Billeting, &c. Act, 1914," and insert in their stead the words "section sixty-eight of the Defence Act 1903– 1956".

(4.)

33

(a) Omit from subsection (1) the words "subsection (1) of section one of the Naval Billeting &c. Act, 1914," and insert in their stead the words "section sixty-seven of the Defence Act 1903-1956"; and

 

 

(b) Omit subsection (2) and insert in its stead the following subsection:—

 

 

"(2) Subsection (1) of this section shall apply in relation to any chattel other than a vehicle mentioned in section sixty-seven of the Defence Act 1903–1956 as it applies in relation to vehicles.".

(5.)

38

Omit from subsection (2) the words "in pursuance of the Army Act, 1955, or the Air Force Act, 1955, or the law of any colony" and insert in their stead the words "under the Naval Defence Act 1910–1952, the Defence Act 1903–1956 or the Air Force Act 1923–1956".

(6.)

53

(a) Omit subsection (1) and insert in its stead the following subsection:—

 

 

"(1) Subject to the provisions of this section, a court-martial may be ordered by the Naval Board, or by any officer of the Royal Navy or the Royal Australian Navy who is authorized in that behalf by commission granted by the Governor-General."; and

 

 

(b) Omit from subsection (5) the word "Admiralty" and insert in its stead the words "Naval Board".

(7.)

58

Omit the section and insert in its stead the following section:—

"58. General Orders made by the Admiralty for regulating the procedure and practice of courts-martial, with the exception of provisions made in pursuance of the power conferred by subsection (3) of section 48 of the Naval Discipline Act 1957 in its application to the Royal Navy, apply to and in relation to courts-martial in the Naval Forces of the Commonwealth.".

(8.)

59

Omit from subsection (6) the words "Courts-martial Appeal Court" and insert in their stead the words "Courts-Martial Appeal Tribunal".

(9.)

63

Omit from subsection (2) the words "Her Majesty's" and insert in their stead the words "the Governor-General's".


Item No.

Section of Act.

Extent of Modification.

(10.)

65

Omit from paragraph (b) of the proviso to subsection (3) the word

"Admiralty" and insert in its stead the words "Department of the Navy".

(11.)

68

Omit subsection (2).

(12.)

70

Omit subsection (3) and insert in its stead the following subsection:—

 

 

"(3) If an application for leave to appeal against a conviction by court-martial under this Part of this Act is received by the registrar of the Courts-Martial Appeal Tribunal, or if under sub-section (3.) of section twenty-one of the Courts-Martial Appeals Act 1955 an application for leave to appeal is deemed to have been lodged with the Registrar, so much of subsections (1) and (2) of this section as requires the Naval Board to review the finding of a court-martial shall cease to have effect in relation to that conviction.".

(13.)

77

(a) Omit the words "Courts-Martial Appeal Court" (wherever occurring) and insert in their stead the words "Courts-Martial Appeal Tribunal";

 

 

(b) Omit from subsection (1) the words " Part I. of the Courts-

Martial (Appeals) Act 1951," and insert in their stead the words "Part III. of the Courts-Martial Appeals Act 1955"; and

 

 

(c) Omit from subsection (3) the words "said Act of 1951" and

insert in their stead the words "Courts-Martial Appeals Act 1955".

(14.)

78

Omit the whole section.

(15.)

79

Omit the whole section.

(16.)

80

Omit the whole section.

(17.)

81

(a) Omit paragraph (b) of subsection (1) and insert in its stead the following paragraph:—

 

 

"(b) any place appointed by the Governor-General under section one hundred and sixteen of the Defence Act 1903–1956;";

 

 

(b) Omit paragraph (d) of subsection (1);

 

 

(c) Omit paragraph (b) of subsection (2) and insert in its stead the following paragraph:—

 

 

"(b) any place referred to in paragraph (b) of subsection

(1) of this section; "; and

 

 

(d) Omit from paragraph (a) of subsection (3) the words "Admiralty or the Commander-in-Chief" and insert in their stead the words "Naval Board".

(18.)

82

Omit the whole section.

(19.)

84

(a) Omit from subsection (1) the words "Admiralty, the Commander-in-Chief" and insert in their stead the words "Naval Board";

 

 

(b) Omit from subsection (3) the word "Commander-in-Chief" and insert in its stead the words "Naval Board"; and

 

 

(c) Omit from subsection (5) all the words from and including the words "but no order shall be made" to the end of the subsection.

(20.)

85

Omit from subsection (1) the words "subsection (7) of section four of the Courts-Martial (Appeals) Act, 1951 (which empowers the court" and insert in their stead the words" section twenty-two of the Courts-Martial Appeals Act 1955 (which empowers the Tribunal".

(21.)

86

Omit from subsection (2) the words "Army Act, 1955, or the Air Force Act, 1955," and insert in their stead the words" Defence Act 1903–1956 or the Air Force Act 1923–1956".

(22.)

87

Omit the words "Naval Detention Quarters Rules, or Imprisonment and Detention Rules made under the Army Act, 1955, or the Air Force Act, 1955," and insert in their stead the words "Defence Act 1903–1956 or the Air Force Act 1923–1956".

 


Item No.

Section of Act.

Extent of Modification.

(23.)

88

(a) Omit the proviso to subsection (1) and insert in its stead the following proviso:—

 

 

"Provided that, if it appears to the Naval Board that for any part of that period he was in the custody of a civil authority or in a place appointed by the Governor-General under section one hundred and sixteen of the Defence Act 1903–1956, that part of the period shall be disregarded for the purposes of this subsection.";

 

 

(b) Omit from subsection (2) the words "in pursuance of the appropriate rules" and insert in their stead the words "by authority"; and

 

 

(c) Omit subsections (3) and (4).

(24.)

89

Omit from subsection (3) the words "Army Act, 1955, or the Air Force Act, 1955," and insert in their stead the words "Defence Act 1903–1956 or the Air Force Act 1923–1956".

(25.)

90

(a) Omit from paragraph (a) of subsection (2) the word

"Admiralty" (first occurring) and insert in its stead the words "Naval Board"; and

 

 

(b) Omit from subsection (3) the word "Admiralty" (first occurring) and insert in its stead the words "Naval Board".

(26.)

91

Omit from paragraph (a) of subsection (1) the word "Admiralty" (first occurring) and insert in its stead the words "Naval Board".

(27.)

92

(a).Omit from paragraph (a) of subsection (1) the word

"Admiralty" (first occurring) and insert in its stead the words "Naval Board"; and

(b) Omit from subsection (2) the word "Admiralty" and insert in its stead the words "Naval Board".

(28.)

93–100

Omit the whole of sections 93 to 100, inclusive.

(29.)

101

(a) Omit from subsection (1) the words "as defined by this section" and insert in their stead the words "made by a court of competent jurisdiction";

 

 

(b) Omit from subsection (1) the words "the United Kingdom" and insert in their stead the word "Australia";

 

 

(c) Omit from subsection (2) the word "Admiralty" (first occurring) and insert in its stead the words "Naval Board";

 

 

(d) Omit from subsection (2) the words "Secretary of the Admiralty" and insert in their stead the words "Secretary to the Department of the Navy";

 

 

(e) Omit from subsection (4) the words "the United Kingdom" and insert in their stead the word "Australia";

 

 

(f) Omit subsection (5); and

 

 

(g) Omit from subsection (6) the words "the United Kingdom"

(wherever occurring) and insert in their stead the word

"Australia".

(30.)

102

Omit the words "any of Her Majesty's Naval forces or of any naval force of a Commonwealth country or raised under the law of any colony" and insert in their stead the words "the Naval Forces of the Commonwealth".

(31.)

108

Omit from subsection (2) all the words from and including the words "without bringing him before a court " to the end of the subsection.

(32.)

109

Omit the whole section.

(33.)

110

Omit subsections (2) and (3).

(34.)

111

(a) Omit from subsection (3) the words "naval reserve forces" and insert in their stead the words "Citizen Naval Forces";

 

 

(b) Omit subsections (4) and (5); and

 

 

(c) Insert in subsection (6), after the words "Her Majesty's" (wherever occurring), the word "Australian".

(35.)

112

Insert in subsection (1), after the words "Her Majesty's", the word "Australian".

 


Item No.

Section of Act.

Extent of Modification.

(36.)

113

Omit subsection (1) and insert in its stead the following subsection:—

 

 

"(1) Subject to the provisions of this section, a member of Her Majesty's Australian military or air forces is subject to this Act when attached to Her Majesty's Australian naval forces by orders of the Military Board or the Air Board.".

(37.)

114

(a) Omit from subsection (1) the words "Visiting Forces (British Commonwealth) Act, 1933," and insert in their stead the words "Defence (Visiting Forces) Act 1939"; and

 

 

(b) Omit from subsection (2) the words "Her Majesty may" and insert in their stead the words "the Governor-General may".

(38.)

115

Omit the whole section.

(39.)

116

Omit from subsection (1) the words "Her Majesty" and insert in their stead the words "the Governor-General".

(40.)

117

Insert after the words "Her Majesty's" the word "Australian".

(41.)

118

Omit the whole section.

(42.)

120

Omit the whole section.

(43.)

121

Omit the whole section.

(44.)

123–128

Omit the whole of sections 123 to 128, inclusive.

(45.)

132

Omit from subsection (2) the word "Admiralty" and insert in its stead the words "Naval Board".

(46.)

135

Omit from the definition of "Commonwealth country" the words

"Canada, the Commonwealth of Australia" and insert in their stead the words "the United Kingdom, Canada".

(47.)

The Schedules

(a) Omit from paragraph 3 of the First Schedule the words "Notwithstanding anything in section two hundred and one of the Army Act, 1955, a sentence" and insert in their stead the words "A sentence"; and

 

 

(b) Omit the Third and Fourth Schedules.

(ii) Adaptations.

(a) Any reference to the Admiralty in sections 16, 46, 59, 63, 66, 70, 71, 72, 74, 76 and 77 shall be read as a reference to the Naval Board.

(b) Any reference to the United Kingdom in sections 48, 52, 56 and 65 shall be read as a reference to Australia.

(c) References in subsection (1) of section 111 to the Royal Navy shall be read as references to the Permanent Naval Forces and other references in that section, in sections 112 to 117, inclusive, and in section 119 to the Royal Navy shall be read as references to the Naval Forces of the Commonwealth.

(d) Any provisions of sections 66, 75 and 76 by which powers or functions are conferred on, or acts are authorised or required to be done by, the Commander-in-Chief at a foreign station shall be read as conferring these powers or functions on, or authorising or requiring these acts to be done by, the Naval Board.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Naval Forces Regulations 1958 were enacted to address the need for specific regulations governing the discipline and operations of Australia's naval forces under the Naval Defence Act 1910-1952. This legislative instrument, made by the Governor-General in accordance with the advice of the Federal Executive Council, aimed to update and refine the existing framework for naval discipline and operations to better align with contemporary legal and administrative practices. The Regulations came into operation on 1 January 1959, replacing and modifying previous regulations to reflect changes in the legislative environment and the operational context of the Australian naval forces. The primary objective was to ensure that the Naval Discipline Act, as adapted and modified by these regulations, could effectively govern the conduct and discipline of personnel within the naval forces, whilst also adapting to the evolving nature of military and governmental structures in Australia.

Scope and Application

These Regulations, made under the Naval Defence Act 1910-1952, apply to the Naval Forces of the Commonwealth and pertain specifically to the application of the Naval Discipline Act within this context. The Regulations modify and adapt various sections of the Naval Discipline Act to ensure its alignment with contemporary legal and administrative structures in Australia. For instance, they replace references to the Admiralty with references to the Naval Board and update references to laws and regulations to reflect Australian statutes. The Regulations also remove certain sections and subsections that are no longer applicable, such as those referencing historical British authorities and colonial laws. These amendments aim to streamline the application of the Naval Discipline Act to the Naval Forces, ensuring it is consistent with current Australian military and legal frameworks. The Regulations came into effect on 1 January 1959 and include a detailed schedule outlining the specific modifications and adaptations required.

Key Provisions

These Regulations, under the Naval Defence Act 1910-1952, amend the Naval Forces Regulations by repealing Regulation 8 and inserting new modifications and adaptations for the application of the Naval Discipline Act to the Naval Forces. These changes are detailed in the Schedule to these Regulations and include updates to terminology and references to align with Australian laws and authorities, such as replacing references to the Admiralty with the Naval Board and updating references to various Acts. For example, Regulation 8(1) states that the Naval Discipline Act is subject to the modifications and adaptations specified in the Schedule. Section 21 of the Act now omits "regulations issued under the authority of the Admiralty" and instead refers to "directions issued by the Naval Board." Similarly, Section 23 now references an "appropriate Court in Australia authorized to act as a Prize Court" instead of the High Court. The Regulations impose specific obligations on the Naval Forces, primarily concerning the enforcement and administration of discipline within the Naval Forces according to the modified Naval Discipline Act. For instance, the Naval Board and authorized officers are now empowered to order court-martials as per Section 53(1), and General Orders made by the Admiralty for regulating the procedure and practice of courts-martial apply to courts-martial in the Naval Forces as per Section 58. Furthermore, references to the "Courts-martial Appeal Court" are replaced with "Courts-Martial Appeal Tribunal" across several sections, ensuring consistency with current legal structures. Failure to comply with these Regulations can result in various civil and criminal consequences. Although specific penalties are not detailed in the Regulations themselves, breaches of the Naval Discipline Act, as modified, could lead to disciplinary actions, fines, or imprisonment as per the provisions of the Defence Act 1903-1956 and other related Acts. The exact penalties would depend on the nature and severity of the breach, as well as any applicable statutory provisions.

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