STATUTORY RULES.
1939. No. 26.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
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 1910-1934.
Dated this nineteenth day of April, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendments of the Naval Forces Regulations.†
Regulation 141 of the Naval Forces Regulations is amended—
Leave in respect of service abroad.
(a) by omitting from paragraph (b) of sub-regulation (1.) the words “or man”;
(b) by omitting from sub-regulation (3.) the word “Leave” (first occurring) and inserting in its stead the words “Except as provided by sub-regulation (4.) of this regulation, leave”; and
(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—
“(4.) A man on loan from the Royal Navy may be granted leave not exceeding forty-two days per annum whilst on service abroad. Portion of this leave, not exceeding twenty-two days per annum may be deferred and taken as foreign service leave on his return to the United Kingdom:
Provided that, if a man on loan from the Royal Navy does not complete twelve months’ service abroad, he may be granted only such portion of the leave prescribed by this sub-regulation as may be taken as foreign service leave calculated in accordance with the provisions of sub-regulation (5.) of this regulation.
* Notified in the Commonwealth Gazette on , 1939.——Seventh amendment.
† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 20, 46, 70 and 91.
1062.—8/6.3.1939.—Price 3d.
“(5.) The leave which, in pursuance of sub-regulation (4.) of this regulation, may be granted to a man on loan from the Royal Navy in respect of service abroad and taken by him as foreign service leave on his return to the United Kingdom shall be calculated as follows:—
(a) where the period of service abroad is not less than six months—at the rate of eleven days for each completed six months’ service, and at the rate of two days for each completed month’s service in excess of such six-monthly period or periods; or
(b) where the period of service abroad is less than six months—at the rate of two days for each completed month’s service.
“(6.) In this regulation ‘service abroad’ means—
(a) in the case of a member of the Royal Australian Navy—all service outside the Australia Naval Station, except as provided by regulation 138 of these Regulations; and
(b) in the case of a member of the Royal Navy—all service in the Royal Australian Navy except a period of service in the United Kingdom or in British home waters.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
Overview
Statutory Rules 1939, No. 26, under the Naval Defence Act 1910-1934, were enacted to address the need for amendments to the Naval Forces Regulations, specifically concerning leave entitlements for personnel on loan from the Royal Navy. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council and came into effect on April 19, 1939. The policy objective of these regulations is to ensure that members of the Royal Navy who are on loan to the Royal Australian Navy are granted appropriate leave entitlements based on their period of service abroad, with provisions for the deferral and calculation of leave as foreign service upon their return to the United Kingdom.
Scope and Application
The Naval Defence Act 1910-1934, as amended by Statutory Rules 1939, No. 26, pertains specifically to the regulation of leave for members of the Royal Australian Navy and personnel on loan from the Royal Navy. This legislation applies to individuals serving in the Royal Australian Navy and those from the Royal Navy who are on loan to serve in the Royal Australian Navy. The leave provisions outlined in the regulations are concerned with the calculation and distribution of leave for service abroad, particularly focusing on the leave entitlements of personnel from the Royal Navy serving in Australian waters. The amendments introduced by these statutory rules adjust the conditions under which leave is granted, including the deferral of leave as foreign service leave, and establish a formula for calculating leave based on the duration of service abroad. The scope of this legislation is limited to the Australian context, and it does not extend to other Commonwealth, state, or territory jurisdictions, nor does it apply to personnel serving in British home waters or the United Kingdom.
Key Provisions
The key operative sections of these regulations amend Regulation 141 of the Naval Forces Regulations, specifically concerning leave for members of the Royal Australian Navy and those on loan from the Royal Navy. Regulation 141(1)(b) is amended to exclude the term “or man,” and Regulation 141(3) is revised to clarify the application of leave provisions by specifying that “Except as provided by sub-regulation (4) of this regulation, leave” replaces the initial word “Leave.” Additionally, sub-regulation (4) is replaced with new provisions detailing the leave entitlements for men on loan from the Royal Navy serving abroad. It states that such personnel may be granted up to forty-two days of leave per annum while on service abroad, with up to twenty-two days deferable as foreign service leave upon their return to the United Kingdom. Sub-regulation (5) further outlines the calculation of leave based on the duration of service abroad. The definition of “service abroad” is also clarified in sub-regulation (6), distinguishing between members of the Royal Australian Navy and those on loan from the Royal Navy.
These regulations impose specific obligations on the relevant authorities concerning the administration and calculation of leave for personnel. For members of the Royal Australian Navy and those on loan from the Royal Navy, the regulations require that leave be granted in accordance with the amended provisions. Authorities must ensure that leave entitlements are calculated correctly based on the duration of service abroad, as stipulated in sub-regulation (5). They must also ensure that any leave granted to personnel on loan from the Royal Navy is properly recorded and managed, particularly regarding the deferral of leave as foreign service leave.
Failure to comply with these regulations may result in administrative penalties or other consequences as prescribed by the Naval Defence Act 1910-1934. Although the specific penalties are not detailed in the regulations themselves, breaches of the Naval Defence Act or its subsidiary legislation could lead to disciplinary action against personnel or administrative penalties imposed by the relevant authorities. The seriousness of the breach would determine the nature and extent of any consequences, which could include financial penalties or other corrective measures.