STATUTORY RULES
1969 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 fifteenth day of August, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
C.R KELLY
Minister of State for the Navy.
Amendments of the Naval Forces Regulations†
Parts.
1. Regulation 3 of the Naval Forces Regulations is amended—
(a) by inserting after the words—
“Division 5—Rank and Command (Regulations 31-36a).”,
the words—
“Division 6—Discharge of Men (Regulations 37-38).”; and
(b) by omitting the words—
“Part III.—Naval Emergency Reserve Forces (Regulations 167-179).
Part IV.—Citizen Naval Forces (Regulation 180).”
and inserting in their stead the words—
“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).”.
2. After regulation 4 of the Naval Forces Regulations the following regulation is inserted:—
Delegations.
“4a.—(1.) The Naval Board may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under these Regulations, except this power of delegation.
“(2.) A power or function delegated by the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.
* Notified in the Commonwealth Gazette on 1969.
† 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, Nos. 42 and 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 and 1968, No. 15.
18067/68—Price 10c 10/16.7.1969
“(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Naval Board.”.
3. After Division 5 of Part I. of the Naval Forces Regulations the following Division is inserted:—
“Division 6.—Discharge of Men.
Authorities to discharge.
“37.—(1.) The Naval Board, a member of the Naval Board and the officer holding the office, or performing the duties of the office, of Director-General of Manpower or Director-General of Personal Services are each an authority for the purposes of section 30 of the Act.
“(2.) The officer holding the office, or performing the duties of the office, of Director of Naval Reserves and Naval Dockyard Police is an authority for the purposes of section 30 of the Act in the case of a man not employed on continuous full time naval service.
“(3.) A commanding officer of a naval establishment is an authority for the purposes of section 30 of the Act—
(a) in the case of a man who holds the rank of Junior Recruit, Junior Musician or Recruit; and
(b) in the case of a man in the Royal Australian Naval Reserve who is not employed on continuous full time naval service.
Reasons for discharge.
“38.—(1.) For the purpose of section 30 of the Act, each of the following reasons is a reason for the discharge of a man, including a man in the Royal Australian Naval Reserve:—
(a) that the man has requested his discharge;
(b) that the man will, upon being discharged, be appointed an officer of the Naval Forces;
(c) that the man cannot be usefully employed in the Naval Forces because those Forces are being retrenched;
(d) that the man is medically unfit;
(e) that an authority specified in the last preceding regulation is satisfied that the retention of the man in the Naval Forces is not in the interest of those Forces; and
(f) that the man made a false or misleading statement in connexion with his enlistment in the Naval Forces.
“(2.) For the purpose of section 30 of the Act, each of the following reasons is a reason for the discharge of a man in the Royal Australian Naval Reserve:—
(a) that the man’s attendance for naval service has been unsatisfactory; and
(b) that the man resides outside the area approved by the Naval Board for the purposes of this regulation in relation to the Naval establishment to which the man is attached.
“(3.) In this regulation, ‘medically unfit’, in relation to a man, means physically or mentally incapacitated for the performance of his duties.”.
Retired and Emergency Lists.
4. Regulations 104 to 117a (inclusive) of the Naval Forces Regulations are repealed.
Impressment of vehicles, boats, etc.
5. Regulation 163 of the Naval Forces Regulations is amended by omitting from sub-regulation (1.) the words “or an officer of the Naval Forces authorized by the Naval Board so to do”.
Control of shipping.
6. Regulation 164 of the Naval Forces Regulations is amended by omitting the words “or any officer authorized by the Naval Board in that behalf”.
Impressment of land, buildings, etc.
7. Regulation 165 of the Naval Forces Regulations is amended by omitting from sub-regulation (1.) the words “or an officer of the Naval Forces authorized so to do by the Naval Board,”.
8. Regulation 171 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead:—
Rank on enlistment.
“171.—(1.) Subject to the next succeeding sub-regulation, a person who enlists as a man in the Naval Emergency Reserve Forces holds, upon enlistment, the rank that he held in the Naval Forces immediately before being discharged from the Naval Forces.
“(2.) Where a person who enlists in the Naval Emergency Reserve Forces held a rank temporarily immediately before being discharged from the Naval Forces, the person holds, upon enlistment, the rank last held by him in the Naval Forces that was not held temporarily.”.
9. Regulation 173 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead:—
Promotion and reversion of men.
“173. A man serving in the Naval Emergency Reserve Forces may, in such circumstances as the Naval Board approves and in accordance with conditions approved by the Naval Board, be promoted to a higher rank or reverted to a lower rank by the Naval Board.”.
Discharge of men.
10. Regulation 179 of the Naval Forces Regulations is repealed.
Citizen Naval Forces.
11. The heading to Part IV. of the Naval Forces Regulations is repealed and the following headings are inserted in its stead:—
“Part IV.—Citizen Naval Forces.
Division 1.—General.”.
12. After regulation 180 of the Naval Forces Regulations, the following regulations and headings are inserted:—
Promotion and reversion of men.
“181. A man serving in the Citizen Naval Forces may, in such circumstances as the Naval Board approves and in accordance with conditions approved by the Naval Board, be promoted to a higher rating or reverted to a lower rating by the Naval Board
Voluntary naval service.
“182. A member of the Citizen Naval Forces may, at any time, voluntarily undertake to render naval service, other than continuous full time naval service, on an occasion or on occasions when he would not otherwise be employed on naval service and, if that undertaking is accepted, he is bound to render naval service in accordance with the undertaking.
Leave of absence.
“183. The provisions of Division 5 of Part II. of these Regulations apply to and in relation to a member of the Citizen Naval Forces who is rendering Naval Forces who is rendering continuous full time naval service as if he were a member of the Permanent Naval Forces.
“Division 2.—Emergency List of Officers.
Emergency List of Officers.
“184. The Reserve of Officers established before the commencement of this regulation by regulation 105 of these Regulation continues in existence notwithstanding the repeal of that regulation, as a part of the Citizen Naval Forces under the name Emergency List of Officers.
Transfer of officers.
“185—(1.) Subject to the next succeeding sub-regulation, the Naval Board may transfer to the Emergency List of Officers an officer in the Permanent Naval Force or the Naval Emergency Reserve Forces who volunteers to serve in that part of the Naval Forces.
“(2.) An officer in the Naval Emergency Reserve Forces is not eligible to be transferred to the Emergency List of Officers unless he holds or has held a commission as an officer in the Permanent Naval Forces or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces of the Commonwealth.
Appointment of officer.
“186. A person is not eligible to be appointed an officer of the Emergency List of Officers unless he holds or has held a commission as an officer in the Permanent Naval Forces or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces of the Commonwealth.
Rank of officer on transfer or appointment.
“187.—(1.) An officer who is transferred to the Emergency List of Officers holds, upon being so transferred, the rank that he held in the Permanent Naval Forces or in the Naval Emergency Reserve Forces, as the case may be, immediately before the transfer or, if the rank that he then held was held temporarily or as an honorary rank, the rank last held by him in those forces that was not held temporarily or as an honorary rank.
“(2.) A person appointed to be an officer of the Emergency List of Officers shall be appointed with a rank not higher than the rank that he held in the naval forces in which he last served before being appointed such an officer or, if the rank that he then held was held temporarily or as an honorary rank, the rank last held by him in those forces that was not held temporarily or as an honorary rank.
Promotion.
“188. An officer of the Emergency List of Officers is not eligible for promotion to higher rank unless he is rendering continuous full time naval service in time of war or in time of defence emergency.
Retiring age.
“189. For the purposes of section 17 of the Act, the age for the compulsory retirement of an officer of the Emergency List of Officers is sixty years.
“Division 3.—Royal Australian Fleet Reserve.
Definitions.
“190. In this Division—
‘member’ means a member of the Fleet Reserve;
‘the Fleet Reserve’ means the Royal Australian Fleet Reserve constituted by the Fleet Reserve Regulations and continued in existence by these Regulations.
Fleet Reserve.
“191. The part of the Citizen Naval Forces constituted by the Fleet Reserve Regulations under the name Royal Australian Fleet Reserve continues in existence, notwithstanding the repeal of those Regulations, as a part of the Citizen Naval Forces and under that name.
Eligibility for enlistment.
“192. A person is not eligible to enlist in the Fleet Reserve unless—
(a) he has served in the Permanent Naval Forces of the Commonwealth or in a part of the naval forces of another of Her Majesty’s dominions that corresponds to the Permanent Naval Forces of the Commonwealth for a period of not less than three years; and
(b) immediately before being discharged from the forces in which he so served, he held a rank not lower than the rank of Able Seaman.
Period of enlistment or re-engagement.
“193.—(1.) For the purpose of sub-section (1.) or sub-section (2.) of section 25 of the Act, the period is—
(a) in the case of a member who is enlisted for service, or who volunteers to serve tor a further period, in the Naval Dockyard Police Branch of the Fleet Reserve—
(i) if the member has not on the prescribed day attained the age of fifty-five years—a period of five years; or
(ii) if the member has on the prescribed day attained the age of fifty-five years—a period equal to the period from and including the prescribed day to and including the day on which he attains the age of sixty years; or
(b) in the case of any other member who is enlisted for service, or volunteers to serve for a further period, in the Fleet Reserve—
(i) if the member has not on the prescribed day attained the age of fifty years—a period of five years; or
(ii) if the member has on the prescribed day attained the age of fifty years—a period equal to the period from and including the prescribed day to and including the day on which he attains the age of fifty-five years.
“(2.) In the last preceding sub-regulation, ‘the prescribed day’ means—
(a) in relation to the enlistment of a member in the Fleet Reserve—the day on which the member enlists in the Fleet Reserve; or
(b) in relation to a member who volunteers to serve for a further period in the Fleet Reserve—the day immediately following the expiration of the period for which, on enlistment or previous re-engagement, the member had volunteered to serve.
Rank on enlistment.
“194.—(1.) Subject to the next succeeding sub-regulation, a person who enlists as a man in the Fleet Reserve holds, upon enlistment, the rank that he held in the Naval Forces immediately before being discharged from the Naval Forces.
“(2.) Where a person who enlists in the Fleet Reserve held a rank temporarily immediately before being discharged from the Naval Forces, the person holds, upon enlistment, the rank last held by him in the Naval Forces that was not held temporarily.”.
Compulsory retirement age.
“195. For the purpose of section 17 of the Act, the age for the compulsory retirement of a member is—
(a) in the case of a member who is serving in the Naval Dockyard Police Branch of the Fleet Reserve—sixty years; or
(b) in any other case—fifty-five years.” .
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra