Naval Forces Regulations (Amendment)

Statutory Rules 1981 No. 2271

Naval Forces Regulations2 (Amendment)

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

Dated 11 August 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Administrative Services for and on behalf of the

Minister of State for Defence

Authority to discharge

1. Regulation 37 of the Naval Forces Regulations is amended by omitting sub-regulation (6) and substituting the following sub-regulation:

“(6) An officer who is, or is performing the duties of—

(a) the commanding officer of a naval training establishment;

(b) the Flag Officer Commanding Her Majesty’s Australian Fleet; or

(c) the Flag Officer, Naval Support Command,

is a prescribed authority for the purposes of section 30 of the Act in the case of a sailor who is undergoing training in that establishment or is under the command of that Flag Officer, as the case may be, and who is to be discharged for the reason specified in paragraph 38(1)(e).”.

Retiring age of officers

2. Regulation 102 of the Naval Forces Regulations is amended by inserting after sub-regulation (4) the following sub-regulation:

“(4a) Subject to regulation 102a, for the purposes of sub-regulation (1), an officer of the Women’s Royal Australian Naval Service shall be deemed—

(a) where the officer is a medical officer—to be included in the Medical Branch;

S.R. No. 184/80 Cat. No. —Recommended retail price 20c 15/22.4.1981

(b) where the officer is a dental officer—to be included in the Dental Branch;

(c) where the officer is an instructor—to be included in the Instructor Branch;

(d) where the officer is on a Women’s Royal Australian Naval Service Special Duties List—to be included on the Special Duties List; and

(e) in all other cases—to be included on the Supplementary List.”.

3. After regulation 102 of the Naval Forces Regulations the following regulation is inserted:

Continued application of retiring age under Naval Forces (Women’s Services) Regulations in certain circumstances

“102a. (1) In this regulation—

‘former retiring age’, in relation to an officer, means the age for the compulsory retirement of the officer that was applicable to the officer by virtue of sub-regulation 20a(1) of the Naval Forces (Women’s Services) Regulations immediately before the omission, of that sub-regulation;

‘nominal retiring age’, in relation to an officer, means the age for the compulsory retirement of the officer by virtue of regulation 102.

‘officer’ means an officer of the Women’s Royal Australian Naval Service who immediately before the omission, of sub-regulation 20a (1) of the Naval Forces (Women’s Services) Regulations held an appointment under section 8 of the Act other than an appointment expressed in pursuance of sub-section 9 (1) of the Act to be for a specified period of service.

“(2) The former retiring age of an officer shall continue to be the age for the compulsory retirement of that officer until her nominal retiring age exceeds her former retiring age.”.

Schedule 1

4. Schedule 1 to the Naval Forces Regulations is amended—

(a) by omitting from the third column, in Item 8, “the next 2 succeeding sections” and substituting—

“section 43 or 44, and, except in the case of an offence to which section 76 applies, to make such reparation; (if any) as the court-martial, disciplinary court or officer, as the case may be, convicting the person considers appropriate, to—

(i) the Commonwealth or to any authority or body constituted by or under a law of the Commonwealth or of a Territory, by way of money payment or otherwise, in respect of any loss suffered, or any expenses incurred, by the Commonwealth or the authority or body, as the case may be, by reason of the offence; or

(ii) any person who has suffered loss as a direct result of the offence, by way of money payment, or otherwise, in respect of that loss”;

(b) by inserting after sub-section (9) in the third column, in Item 10, the following sub-section:

“(9a) The amount of any money payment to be paid by way of reparation under paragraph 42 (1) (ba) may, if it is not recoverable under section 107 of the Defence Act 1903, be deducted from any pay due, or which subsequently becomes due, to the offender.”; and

(c) by omitting from the third column, in Item 37—

“Omit from sub-section (5) ‘one hundred pounds’, insert ‘$200’.

Omit sub-section (6), insert the following sub-section:—

‘(6) The powers conferred on the Chief of Naval Staff by this section may be exercised—”

and substituting—

“Omit sub-section (5), insert the following sub-section:

‘(5) The power to require an offender to pay as compensation an amount or aggregate amount greater than $200 by an order or orders under this section may be exercised only by the court martial or disciplinary court, as the case may be, convicting the person or by the Chief of Naval Staff.’.

Omit sub-section (6), insert the following sub-section:

‘(6) Except as provided in sub-section (5), the powers conferred on the Chief of Naval Staff by this section may be exercised—”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 August 1981.

2. Statutory Rules 1935 No. 133 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 53 and see also Statutory Rules 1981 No. 53.

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