Statutory Rules
1976 No. 15
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975.*
I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1975.
Dated this twentieth day of January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence.
————
Amendments of the Naval Forces Regulations†
Period of Re-engagement.
1. Regulation 82 of the Naval Forces Regulations is amended by omitting paragraphs (a) to (e) (inclusive) and substituting the following paragraphs:—
“ (a) one year;
(b) two years;
(c) three years;
(d) four years;
(e) five years;
(f) six years;
(g) seven years; or
(h) eight years.”.
Period of Naval Service.
2. Regulation 201 of the Naval Forces Regulations is amended by omitting paragraphs (b), (c) and (d) of sub-regulation (1) and substituting the following paragraphs:—
“ (b) during the next succeeding two years of his service in the Naval Reserve—for periods amounting in the aggregate to eight weeks; and
(c) during each successive two years of his service in the Naval Reserve after the year in which he completed the service referred to in paragraph (b)—for a period of, or periods amounting in the aggregate to, twenty-eight days.”.
* Notified in the Australian Government Gazette on 30 January 1976.
† 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, Nos. 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, Nos. 19; 1954, Nos. 28, 115 and 123; 1955, Nos. 5 and 16; 1956, No. 78; 1958, Nos. 88; 1959, 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, Nos. 15 and 79; 1969, Nos. 128; 1970, Nos. 35, 71 and 179; 1971, No. 16; 1972, Nos. 1, 44, 75, 125 and 158; 1973; Nos. 58, 105 and 274; 1974, No. 78; and 1975, No. 1.
Overview
Statutory Rules 1976 No. 15, the REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1975, were enacted to amend existing provisions concerning the period of re-engagement and the period of naval service. These regulations were introduced to address the need for more flexible and extended terms of engagement for personnel in the Naval Reserve. The enacting body was the Administrator of the Government of Australia, acting with the advice of the Executive Council. While the text does not explicitly state the policy objective, the amendments likely aimed to better align the Naval Reserve's service periods with contemporary needs and operational requirements, thereby enhancing the effectiveness and sustainability of the Naval Reserve.
Scope and Application
The Regulations Under the Naval Defence Act 1910-1975, which were made on 20 January 1976, amend the existing Naval Forces Regulations to modify the periods of re-engagement and service in the Naval Reserve. These regulations apply to individuals who are serving or seeking to serve in the Australian Naval Reserve, as well as to the Australian Defence Force which oversees the administration and implementation of these regulations. The scope of the regulations is limited to the Australian Defence Force and its personnel, and they are applicable across the nation, as they are made under Commonwealth legislation. The regulations do not specify any exclusions or exemptions, meaning that they apply broadly to all relevant personnel unless otherwise directed by higher authority. The amendments made by these regulations can be further extended or clarified by subordinate instruments, which may provide additional guidelines or specifications for their implementation.
Key Provisions
The primary changes introduced by Statutory Rules 1976 No. 15 are contained in Regulations 82 and 201 of the Naval Forces Regulations (Regulation 82(1)) and Regulation 201(1)). Regulation 82 modifies the re-engagement periods for personnel in the naval forces, now allowing for re-engagement terms of one to eight years, inclusive (Regulation 82(1)(a)-(h)). Regulation 201 adjusts the annual training requirements for reservists, stipulating that reservists must complete eight weeks of training in the next two years following their initial service, and then twenty-eight days in each successive two-year period thereafter (Regulation 201(1)(b)-(c)).
The obligations under these regulations are primarily directed towards naval service personnel and involve adhering to the specified re-engagement and training periods. Reservists, in particular, must ensure they meet the training requirements as outlined, which include an initial period of eight weeks within the first two years and a reduced period of twenty-eight days in subsequent two-year periods (Regulation 201(1)(b)-(c)). These obligations are crucial for maintaining the operational readiness and effectiveness of the naval forces.
Failure to comply with these regulations may result in administrative or disciplinary actions being taken against the individuals involved. While the specific consequences are not detailed in the text, it is reasonable to infer that non-compliance with service obligations could lead to formal reprimands, loss of benefits, or other disciplinary measures as prescribed under the Naval Defence Act 1910-1975 and the Naval Forces Regulations. The potential penalties for such breaches would typically be determined in accordance with the administrative and disciplinary procedures established under the overarching legislation and regulations.