Statutory Rules
1978 No. 75
REGULATION UNDER THE NAVAL DEFENCE ACT 1910*
I, THE GOVERNOR-GENERAL 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.
Dated this twenty-fourth day of May 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
D. J. KILLEN
Minister of State for Defence
————
AMENDMENT OF THE NAVAL FORCES REGULATIONS†
After regulation 203 of the Naval Forces Regulations the following Part is added:
“ PART V—MISCELLANEOUS
Naval title of retired officers
“ 204. The Governor-General may authorize an officer whose name he has placed on a retired list to assume a naval title identical to the designation of whichever is the higher of—
(a) the substantive rank; or
(b) any honorary rank,
held by the officer immediately before his name was placed on that list.”.
* Notified in the Commonwealth of Australia Gazette on 30 May 1978.
† 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; 1959, No. 38; 1961, Nos. 51 and 67; 1963, Nos. 113 and 145; 1964, Nos. 143 and 157; 1965, Nos. 56 and 67; 1967, No. 20; 1968. Nos. 15 and 79; 1969, No. 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; 1975, No. 1; 1976, Nos. 15 and 56; and 1978, No. 54.
Overview
Statutory Rules 1978 No. 75, made under the Naval Defence Act 1910, addresses the issue of the naval titles of retired officers by allowing the Governor-General to authorise such officers to assume a naval title corresponding to the higher of their substantive or honorary rank held before retirement. Enacted by the Governor-General on the advice of the Federal Executive Council, this legislative instrument aims to provide retiring naval officers with the opportunity to maintain a connection to their former rank, thereby recognising their service and contributions to the naval forces. This regulation, which amends the Naval Forces Regulations, ensures that retired officers can retain their naval titles, which can be an important aspect of their professional identity and legacy.
Scope and Application
The Naval Defence Act 1910 forms the basis for this legislative instrument, which introduces a regulation concerning the naval title of retired officers. This regulation applies to officers whose names have been placed on a retired list, granting them the authority to assume a naval title based on the higher of their substantive rank or any honorary rank they held prior to being retired. This regulation extends to the entire Commonwealth of Australia, thereby affecting all retired officers within the jurisdiction. There are no explicit exclusions or exemptions mentioned within the text, although the application of the regulation may be contingent upon the specific circumstances of each officer's retirement and the ranks they held. The regulation can be further extended or restricted through subordinate instruments, thereby allowing for flexibility in its application.
Key Provisions
The key provisions of the Statutory Rules 1978 No. 75, made under the Naval Defence Act 1910, pertain to the addition of a new Part V to the Naval Forces Regulations, specifically dealing with the naval title of retired officers. Section 204 of the new Part V allows the Governor-General to authorise a retired officer, whose name is on a retired list, to adopt a naval title equivalent to the higher of their substantive or honorary rank held immediately before retirement (s. 204). This part is inserted after regulation 203 of the Naval Forces Regulations.
The obligations imposed by this Act include the requirement for the Governor-General to exercise their authority under Section 204 judiciously, considering the rank and service history of the officer in question. It mandates that any authorisation given under this section must be based on the officer's highest rank held, whether substantive or honorary, before being placed on the retired list. This ensures that the retired officer's rank is accurately reflected in their naval title, maintaining the integrity of military honours and recognition.
Failure to comply with the provisions of the Naval Defence Act 1910 or the associated regulations could lead to various consequences. However, the specific offences, penalties, or civil/criminal consequences are not detailed in the text of the statutory rules provided. In general, breaches of military regulations can lead to disciplinary actions, which may include fines, imprisonment, or other penalties as outlined by military law. The severity of the penalty would depend on the nature and gravity of the breach, as well as the specific regulations violated.