Naval Forces Regulations (Amendment)

Legislation au C2004L00754 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1970 No. 71

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

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 1910-1968.

Dated this second day of June, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd) Tom Drake Brockman

Minister of State for Air for and on behalf of the Minister of State for the Navy.

 

Amendments of the Naval Forces Regulations†

War Service leave.

1. Regulation 144a of the Naval Forces Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where a member of the Permanent Naval Forces has rendered or renders, on or after the first day of July, 1968, a period of special service, a period of war service leave, calculated at the rate of one and one-half days for each completed month of that period of special service may be credited to the member.”; and

(b) by adding at the end thereof the following sub-regulations:—

“(4.) Subject to the next succeeding sub-regulation, for the purpose of sub-regulation (1.) of this regulation, ‘period of special service’, in relation to a member, means a period of service of the member comprising—

(a) a period when he is outside Australia and he or his unit it allotted for special duty in a special area; and

(b) if at the end of that period, he is outside Australia and travels to a place other than the place where he is at the end of that period, being a place to which he or his unit is allotted for duty other than special duty—the period commencing at the end of that period and ending at the time when—

(i) he arrives at that other place;

(ii) he commences a further period of special service; or

(iii) he ceases to be outside Australia,

whichever first occurs.

“(5.) Where a member has rendered—

(a) a period of special service comprising—

(i) a period when he was outside Australia and he or his unit was allotted for special duty in a special area; and

* Notified in the Commonwealth Gazette on 2 June 1970.

† Statutory Rules 1935, No. 133, as amended to date. For previous amendments of the Naval Forces Regulations, see footnote † to Statutory Rules 1970, No. 35 and see also Statutory Rules 1970, No. 35.

16109/70—Price 5c 10/21.5.1970


(ii) a period that commenced at the end of that period and ended at the time when he commenced a further period of special service; and

(b) that further period of special service,

that period of special service and that further period of special service shall, for the purpose of sub-regulation (1.) of this regulation, be deemed to be one continuous period of special service rendered by the member.

“(6.) For the purpose of ascertaining a member’s period of special service for the purpose of this regulation—

(a) the member shall, if he travels from a place in Australia to a place outside Australia, be deemed to have departed from Australia when he departs from the last port of call in Australia; and

(b) the member shall, if he travels to Australia from a place outside Australia, be deemed to have arrived in Australia when he arrives at the first port of call in Australia.

“(7.) Where a member, during a period of special service—

(a) returns to Australia in accordance with the Rest and Recuperation arrangements of the Naval Forces;

(b) returns to Australia on emergency or other leave granted on compassionate grounds;

(c) returns to Australia on duty; or

(d) returns to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Naval Forces,

so much of the period of service of the member in Australia after his return as does not exceed fourteen days shall, for the purposes of this regulation, be deemed to be a period when the member is outside Australia.

“(8.) In the application of this regulation in relation to a member at a particular time, ‘special duty’ and ‘special area’ have the same respective meanings as they had or have at that time under the Repatriation (Special Overseas Service) Act 1962 as in force at that time.”.

Application.

2. A member of the Permanent Naval Forces is not entitled to be credited with war service leave under regulation 144a of the Naval Forces Regulations as amended by the last preceding regulation in respect of a period of special service if he had been credited with war service leave in respect of that period of special service before the date of commencement of these Regulations under regulation 144a of the Naval Forces Regulations as in force before that date.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1970 No. 71, made under the Naval Defence Act 1910-1968, were introduced to address issues related to war service leave for members of the Permanent Naval Forces. Enacted by the Governor-General in Council, the regulations aim to update and clarify the criteria and calculation for war service leave for members who have rendered special service. These amendments were necessary to ensure that the leave entitlement system accurately reflects the circumstances of service, particularly in relation to periods of special duty outside Australia. The policy objective is to provide a fair and consistent method of calculating war service leave for naval personnel who undertake special duties in designated areas, ensuring that their service is appropriately recognised and rewarded.

Scope and Application

The Statutory Rules 1970 No. 71, Regulations under the Naval Defence Act 1910-1968, apply to members of the Permanent Naval Forces, providing specific amendments to the Naval Forces Regulations concerning war service leave. These Regulations clarify the eligibility criteria and calculation of war service leave for members who have rendered special service outside Australia, particularly in designated special areas. The Regulations also include definitions and conditions for the determination of special service periods, travel considerations, and the application of existing definitions of 'special duty' and'special area' as stipulated under the Repatriation (Special Overseas Service) Act 1962. The Regulations are applicable to members who have rendered special service on or after 1 July 1968, with specific exclusions for those who have already been credited for such leave under previous regulations.

Key Provisions

The primary operative sections of the Naval Defence Act 1910-1968 Regulations (section 1) establish the criteria for granting war service leave to members of the Permanent Naval Forces who have served on special duty outside Australia. Specifically, section 1(1) states that a member who has rendered a period of special service on or after July 1, 1968, can be credited with war service leave at a rate of one and a half days for each completed month of special service. The definition of "period of special service" in section 1(4) includes service outside Australia where the member or their unit is assigned to a special duty in a designated area. The term "special duty" and "special area" are further clarified in section 1(8) to mean those defined under the Repatriation (Special Overseas Service) Act 1962 as in force at the relevant time. The Regulations impose specific obligations on both the members of the Permanent Naval Forces and the Naval Forces themselves. Members must ensure they meet the criteria for special service as outlined in the Regulations, including being assigned to special duty in a designated area outside Australia. The Naval Forces are responsible for accurately calculating and crediting the war service leave to eligible members in accordance with the specified rates and conditions. Section 2 clarifies that members who have already been credited with war service leave for a particular period of special service before the commencement of these Regulations are not entitled to additional credit under the amended regulation. The Regulations also outline the consequences for breach of the provisions. While the specific offences and penalties are not detailed within the provided text, it is reasonable to infer that any non-compliance with the stipulated criteria for war service leave could result in administrative penalties or legal consequences, as is typical with statutory compliance. The precise nature of these consequences would likely be further defined in the primary Act or other related legislation.

Legal classification tags

Area of Law
Military & Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.