Naval Forces Regulations (Amendment)

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STATUTORY RULES

1970 No.

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 fourteenth day of November, 1970

Paul Hasluck

Governor-General.

By His Excellency's Command,

D. J. KILLEN

Minister of State for the Navy.

Amendments oF the Naval Forces regulations†

1. Regulation 3 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead :—

Parts.

" 3. These Regulations are divided into Parts as follows :—

Part 1.—General.

Division 1.—Preliminary (Regulations 1-6a).

Division 2.—Application of the Naval Discipline Act to the Naval Forces (Regulation 8).

Division 3.—The Naval Board (Regulations 11-20).

Division 3a,—Judge Advocate General (Regulations 20a-20b).

Division 6.—Discharge of Men (Regulations 37-38).

Division 8.—Imprisonment and Detention (Regulation 40a).

Division 9.—Miscellaneous (Regulations 40b-40c).

Part II.—Permanent Naval Forces.

Division 1—Appointment, Enlistment and Promotion (Regulations 43-82).

Division 3.—Retirement (Regulations 102-103).

Division 4.—Discipline (Regulations 129-134).

Division 5.—Leave of Absence (Regulations 138-148).

Division 8.—Miscellaneous (Regulation 157).

Part III.—Naval Emergency Reserve Forces (Regulations 167-178).

Part IV.—Citizen Naval Forces.

Division 1.—General (Regulations 180-183).

Division 2.—Emergency List of Officers (Regulations 184-189).

Division 3.—Royal Australian Fleet Reserve (Regulations 190-195).".

Definitions.

2. Regulation 4 of the Naval Forces Regulations is amended—

(a) by omitting the definitions of " British subject ", " The Minister ", " Naturalized person ", " District Naval Officer ", " Division ", " Lent " and " Seconded "; and

(b) by omitting the definition of "The Secretary" and inserting in its stead the following definition :—

"'The Secretary' means the person holding, or performing the the duties of, the office of Secretary to the Department of the Navy.".

*Notified in the Commonwealth Gazette on ,1970.

† For previous amendments of the Naval Forces Regulations, see footnote † to Statutory Rules 1970, No. 35; and see also Statutory Rules 1970, No. 35.

15688/70—Price 8c 10/1.10.1970

Officers and men to know regulations.

3. Regulation 10 of the Naval Forces Regulations is repealed.

Secretary to the Board.

4. Regulation 14 of the Naval Forces Regulations is amended by omitting from sub-regulation (1.) the words " to the Department of the Navy ".

Flag of Naval Board.

5. Regulation 20 of the Naval Forces Regulations is amended by omitting the words—

" The Flag of the Naval Board is to be saluted by firing fifteen guns, within the waters of the Commonwealth of Australia, on the same occasions as those on which the Admiralty Flag is saluted.".

Division 5 of Part I.

6. Division 5 of Part I. of the Naval Forces Regulations is repealed.

Heading to Division 1 of Part II.

7. The heading to Division 1 of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

" Division 1.—Appointment, Enlistment and Promotion.".

Repeal of regulations 41, 42, 44, 46, 47 to 51, 55 and 59.

8. Regulations 41, 42, 44, 46, 47 to 51 (inclusive), 55 and 59 of the Naval Forces Regulations are repealed.

Qualifications for entry.

9. Regulation 60 of the Naval Forces Regulations is amended by omitting the words " under regulation 59 " and inserting in their stead the words " as an officer in the Medical Branch with the rank of Surgeon Lieutenant ".

Repeal of regulations 61 to 71.

10. Regulations 61 to 71 (inclusive) of the Naval Forces Regulations are repealed.

Dental surgeons.

11. Regulation 74 of the Naval Forces Regulations is amended by omitting the words " Surgeon Lieutenant (D) in the Permanent Naval Forces " and inserting in their stead the words " an officer in the Dental Branch with the rank of Surgeon Lieutenant (D) ".

Repeal of regulations 75 to 80.

12. Regulations 75 to 80 (inclusive) of the Naval Forces Regulations are repealed.

Division 2 of Part II.

13. Division 2 of Part II. of the Naval Forces Regulations is repealed.

14. Division 3 of Part II. of the Naval Forces Regulations is repealed and the following Division inserted in its stead:—

Retiring age of officer.

" Division 3.—Retirement.

" 102.—(1.) For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer of the Permanent Naval Forces is, subject to the succeeding sub-regulations of this regulation, the age set out in the following table in relation to his rank and the name of the list on which, or branch in which, he is included:—

	Rank
List or Branch	Admiral	Vice Admiral	Rear Admiral	Captain	Commander	Lieutenant Commander	Lieutenant	Sub-Lieutenant
General List ......	65	60	57	55	50	45	45	45
Medical Branch ....	..	..	60	57	55	48	45	45
Dental Branch .....	..	..	..	57	55	48	45	45
Instructor Branch...	..	..	..	55	52	48	45	45
Ordinance Design and Inspections Branch	..	..	..	57	55	52	52	..
Supplementary List .	..	..	..	..	50	45	45	45
Special Duties List ..	..	..	..	..	55	55	55	55

" (2.) The age for the compulsory retirement of an officer in the Naval Dockyard Police is fifty-five years.

" (3.) The age for the compulsory retirement of an officer in the Instructor Branch of the Permanent Naval Forces who, on the fourteenth day of January, 1947, transferred from the Schoolmaster Branch of those Forces to the Instructor Branch of those Forces is fifty-five years.

" (4.) The age for the compulsory retirement of an officer in the Chaplain Branch of the Permanent Naval Forces is—

(a) in the case of an officer who holds an appointment of Senior Chaplain—fifty-five years; or

(b) in the case of any other officer—fifty years.

" (5.) In this regulation, ' rank ' means substantive rank.

Retiring age of seaman.

" 103. For the purposes of section 17 of the Act, the age for compulsory retirement of a seaman of the Permanent Naval Forces is—

(a) in the case of a seaman in the Naval Dockyard Police—fifty-five years; or

(b) in the case of any other seaman—fifty years.".

Repeal of regulations 124 to 128, 112 and 133.

15. Regulations 124 to 128 (inclusive), 132 and 133 of the Naval Forces Regulations are repealed.

Arrest.

16. Regulation 134 of the Naval Forces Regulations is amended by omitting the words ", or a District Naval Officer,".

Repeal of regulations 135, 136 and 137.

17. Regulations 135, 136 and 137 of the Naval Forces Regulations are repealed.

Home service leave.

18. Regulation 138 of the Naval Forces Regulations is amended—

(a) by omitting paragraphs (b) and (c) of sub-regulation (1.) and inserting in their stead the following word and paragraph:—

" or (b) in the case of members of the Naval Dockyard Police— twenty-eight days.";

(b) by omitting the proviso to sub-regulation (1.); and

Repeal of regulations 142, 143, 146, 155, 156 and 162.

19. Regulations 142, 143, 146, 155, 156 and 162 of the Naval Forces Regulations are repealed.

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

Overview

The Statutory Rules 1970 No. 15688, enacted under the Naval Defence Act 1910-1968, address the need to update and streamline regulations governing the Royal Australian Navy. These regulations were made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The overarching policy objective is to ensure that the Navy is governed by a contemporary and efficient set of rules that reflects current operational requirements and legal standards. This legislative instrument repeals and amends various sections of the Naval Forces Regulations, clarifying definitions, restructuring the regulatory framework, and adjusting specific provisions such as retirement ages and leave entitlements for naval personnel. These changes aim to enhance administrative efficiency and maintain the Navy's operational effectiveness.

Scope and Application

The Statutory Rules 1970 No. Regulations Under the Naval Defence Act 1910-1968, made under the authority of the Naval Defence Act 1910-1968, govern the conduct, discipline, and administration of the Australian Naval Forces. These regulations apply to all officers and members of the naval forces, including the Permanent Naval Forces, Naval Emergency Reserve Forces, and Citizen Naval Forces. The regulations detail various aspects of naval operations, such as appointment, enlistment, promotion, discipline, retirement, and leave. They also outline the structure and responsibilities of the Naval Board and the role of the Judge Advocate General. The geographic reach of these regulations is limited to the Commonwealth of Australia. The regulations provide for specific exclusions and thresholds, such as the compulsory retirement ages for officers and seamen in various branches and ranks. Additionally, these regulations may be extended or restricted through subordinate instruments, ensuring that they remain relevant and effective in governing the Australian Naval Forces.

Key Provisions

The Naval Forces Regulations, 1970, as amended, contain several key provisions that govern the operations and structure of the Australian Naval Forces. These regulations are divided into several parts and divisions, each addressing different aspects of naval operations. For example, Part I (Regulations 1-6a) covers general matters such as preliminary definitions and the application of the Naval Discipline Act to the Naval Forces (Regulation 8). Part II, which includes Divisions 1 to 5, addresses specific matters such as appointment, enlistment and promotion (Regulations 43-82), discipline (Regulations 129-134), and leave of absence (Regulations 138-148). Other parts include provisions for the Naval Emergency Reserve Forces (Part III) and Citizen Naval Forces (Part IV). The Regulations impose various obligations on the parties governed by them, including officers and men within the Naval Forces. For instance, Regulation 3 mandates that all officers and men must be familiar with the Naval Forces Regulations. Other obligations include the requirement for the Secretary to the Board to perform certain duties (Regulation 14), and the specific qualifications required for entry into various branches of the Naval Forces, such as the Medical Branch (Regulation 60) and the Dental Branch (Regulation 74). Additionally, there are provisions governing the compulsory retirement ages for officers and seamen, depending on their rank and branch (Regulations 102-103). Breaches of the Naval Forces Regulations can result in various civil and criminal consequences. While specific penalties are not detailed in the provided text, the regulations are made under the authority of the Naval Defence Act 1910-1968, which may include provisions for penalties. Typically, breaches of military regulations can lead to disciplinary action, which may include fines, imprisonment, or other penalties as deemed appropriate by the Naval Board. The exact nature and severity of these penalties would be determined in accordance with the relevant sections of the Act and any other applicable laws.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Regulatory Standards

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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.

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