STATUTORY RULES.
1939. No. 143.
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 eighth day of November, 1939.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence
Amendment of the Naval Forces Regulations.†
Retiring ages for Sea-going Forces.
1. Regulation 102 of the Naval Forces Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) An officer of the Permanent Naval Forces (Sea-going) (other than an officer of the Dental Branch) who, on and after the first day of January, 1923, received his first appointment—
(a) on entry from the shore,
(b) on entry from the R.A.N. College, or
(c) on promotion from Chief Petty Officer or a lower rating,
shall be retired from the Active List on attaining the age prescribed below:—
Rank or Relative Rank. | Retiring Age. |
Admiral and Vice-Admiral............................. | 65 |
Rear-Admiral...................................... | 60 |
Captain and Surgeon Commander........................ | 55 |
Surgeon Captain.................................... | 57 |
Commander and Surgeon Lieutenant-Commander.............. | 50 |
Lieutenant-Commander, Lieutenant and Chaplain.............. | 45 |
Commander, Lieutenant-Commander, or Lieutenant promoted from warrant rank (except those promoted through Mate rank), Commissioned Officer from warrant rank, and Warrant Officer | 55.”. |
Retiring ages for auxiliary services.
2. Regulation 103 of the Naval Forces Regulations is amended by omitting from sub-regulation (2) the figures “55” (first occurring) and inserting in their stead the figures “65”.
* Notified in the Commonwealth Gazette on , 1939—
(Tenth amendment.)
† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 29, 46, 70 and 91; and 1939, Nos. 26, 27 and 72.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4587.–– 6/12.10.1939.—Price 3d.
Overview
The Statutory Rules 1939, No. 143, Regulations Under the Naval Defence Act 1910-1934, were enacted to amend the Naval Forces Regulations and specifically address the retiring ages for officers in the sea-going forces and auxiliary services of the Royal Australian Navy. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Naval Defence Act. The policy objective of these regulations was to establish clear and consistent retiring ages for different ranks within the naval forces, ensuring orderly and efficient management of naval personnel. The regulations sought to replace existing inconsistent retiring ages with a standardised set of ages, which was essential for maintaining operational readiness and discipline within the naval forces.
Scope and Application
The Naval Defence Act 1910-1934 is the primary piece of legislation under which these regulations are made. These statutory rules, specifically Statutory Rules 1939, No. 143, amend the Naval Forces Regulations to modify the retiring ages for officers in the Permanent Naval Forces (Sea-going) and for auxiliary services. This legislative instrument applies to officers within the Australian Naval Forces, specifically those who received their first appointment on or after January 1, 1923, from various entry points such as shore, R.A.N. College, or promotion from lower ranks. The regulations also affect officers in auxiliary services, with a notable change in the retiring age from 55 to 65 years. These amendments are made through subordinate instruments under the authority of the Naval Defence Act 1910-1934 and are applicable nationally across the Commonwealth of Australia.
Key Provisions
These Regulations, made under the Naval Defence Act 1910-1934, primarily amend the Naval Forces Regulations concerning retiring ages for various ranks within the sea-going forces and auxiliary services of the Australian naval forces. Regulation 102, concerning the retiring ages for the sea-going forces, has been amended to introduce new retiring ages for officers of the Permanent Naval Forces (Sea-going) based on their rank and their date of first appointment after 1 January 1923. For instance, Admirals and Vice-Admirals will now retire at the age of 65, while Rear-Admirals will retire at 60. Other ranks have specific retiring ages set between 45 and 57, depending on their rank and how they entered the service.
Regulation 103, which pertains to the auxiliary services, has been amended to set the retiring age for these services at 65 years. This change effectively aligns the retiring age for auxiliary services with that of the higher ranks within the sea-going forces.
The Regulations impose specific obligations on officers within the sea-going forces and auxiliary services to adhere to the newly prescribed retiring ages. Officers who meet the criteria specified in Regulation 102(2) must retire upon reaching the designated age for their rank. Similarly, those in the auxiliary services, as outlined in Regulation 103, must also retire at age 65. These obligations are clear and require compliance from all relevant personnel to ensure that the new retiring ages are adhered to.
Failure to comply with these Regulations may result in disciplinary action or other consequences as determined by the applicable laws and service rules. While the specific penalties for non-compliance are not detailed in the Regulations themselves, breaches of military service obligations typically result in administrative, disciplinary, or legal actions depending on the severity and circumstances of the breach. The maximum penalties for such breaches could include fines, imprisonment, or other sanctions as prescribed by the relevant military laws and service regulations.