STATUTORY RULES.
1961. No. 51.
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1952.*
I, THE ADMINISTRATOR of (he Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1952.
Dated this 23rd day of March, 1961
DALLAS BROOKS
Administrator.
By His Excellency's Command,
Minister of State for the Navy.
AMENDMENT OF THE NAVAL FORCES REGULATIONS.†
The Schedule.
The Schedule to the Naval Forces Regulations is amended by omitting item (17.) and inserting in its stead the following item:—
“(17.) | 81 | (a) Omit paragraph (b) of subsection (1) and insert in its stead the following paragraph:— |
| | ‘(b) in 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) and insert in its stead the following paragraph:— |
| | ‘(d) in any place in which a member of the Royal Navy who is sentenced to imprisonment under the Naval Discipline Act, 1957 in its application to the Royal Navy may be confined.'; |
| | (c) Omit paragraph (b) of subsection (2) and insert in its stead the following paragraph:— |
| | ‘(b) in any place referred to in paragraph (b) or (d) of the last preceding subsection;’; 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’”. |
*Notified in the Commonwealth Gazette on 29th March, 1961.
†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; 1956, No. 78; 1958, No. 88 and 1959, No. 38.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
1615/61.—PRICE 3D. 9/28.2.1961.
Overview
The Statutory Rules 1961 No. 51, enacted under the Naval Defence Act 1910-1952, serves to amend the Naval Forces Regulations, updating specific references and authorities within the regulation. The regulation was made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and was notified in the Commonwealth Gazette on 29th March 1961. The objective of this legislative instrument is to ensure that the Naval Forces Regulations are in line with current authorities and provisions, particularly updating references from 'Admiralty or the Commander-in-Chief' to 'Naval Board', and aligning the locations where naval personnel may be confined or appointed.
Scope and Application
The Naval Defence Act 1910-1952, as amended by the Regulations under the Act, applies to the members of the Royal Navy, naval forces, and their operations within designated places appointed by the Governor-General under the Defence Act 1903-1956 and any other locations where Royal Navy members can be confined as per the Naval Discipline Act 1957. The regulations seek to ensure the proper conduct and control of naval forces within the Commonwealth of Australia, aiming to maintain naval discipline and operational efficiency. The scope of the Act is limited to the geographical jurisdiction of Australia, where the Governor-General has designated places for naval operations and confinement. There are no explicit exclusions or exemptions mentioned in the regulations; however, the Act's application may extend or be restricted through subordinate instruments issued under the authority of the Act.
Key Provisions
The regulation made under the Naval Defence Act 1910-1952 modifies the Naval Forces Regulations by amending item (17) in the Schedule to the Regulations. The changes include alterations to the places where members of the Royal Australian Navy (RAN) can be confined when sentenced to imprisonment under the Naval Discipline Act 1957 (sections 81(a) and 81(d)). Specifically, the regulation allows confinement in any place appointed by the Governor-General under section one hundred and sixteen of the Defence Act 1903-1956 (section 81(a)(b)) and in any place where a member of the Royal Navy sentenced to imprisonment may be confined (section 81(d)). Furthermore, it mandates that these changes apply to any place referred to in the preceding subsections (section 81(b)) and replaces the terms 'Admiralty or the Commander-in-Chief' with 'Naval Board' (section 81(c) and 81(d)).
The obligations imposed by these amendments are primarily on the RAN and the individuals subject to the Naval Discipline Act 1957. The RAN must ensure that any place designated for the confinement of its members complies with the updated regulations. This includes ensuring that the confinement locations meet the necessary standards for detention facilities and are authorised under the relevant acts. Additionally, the Naval Board, as the governing body, must oversee the implementation of these changes and ensure that all designated places are suitable for the confinement of RAN members.
Breaches of these regulations can lead to civil and criminal consequences. Under the Naval Defence Act 1910-1952, any person found to be in violation of the amended Naval Forces Regulations may face penalties. The specific maximum penalties are not detailed in the regulation itself but would typically be found in the relevant acts governing the RAN and the Naval Discipline Act 1957. Civil penalties could include fines, while criminal penalties could involve imprisonment or other sanctions as determined by the relevant courts. The precise consequences would depend on the nature and severity of the breach.