Naval Forces Regulations (Amendment)

Overview

The Statutory Rules of 1944, No. 63, enacted under the authority of the Governor-General in Council, amends the Naval Forces Regulations to introduce a new regulation regarding the making of wills by members of the Naval Forces during wartime. This legislative instrument was introduced to ensure that naval personnel have their affairs in order in the event of their death, thereby providing some measure of security to their dependents. The regulation requires eligible members, defined as those in receipt of pay at the rates prescribed for the Permanent Naval Forces (Sea-going) who have attained the age of twenty-one years or are in circumstances equivalent to active military service, to either make a will or certify the whereabouts of an existing will within three months of the regulation's application to them. This legislative measure underscores the policy objective of ensuring that naval personnel are prepared for the eventuality of their death while serving in wartime.

Scope and Application

The Naval Defence Act 1910–1934, as amended by the Statutory Rules 1944, No. 63, applies specifically to members of the Naval Forces who meet certain criteria during times of war. This regulation specifically targets members who are in receipt of pay at the rates prescribed for the Permanent Naval Forces (Sea-going) and who either have attained the age of twenty-one years or are in circumstances equivalent to being in actual military service under any relevant Act, State Act, or Ordinance concerning soldiers’ and sailors’ wills. The requirement under this regulation is for each applicable member to make and deliver a will or a certificate regarding its whereabouts to their Commanding Officer within three months of the regulation's application to them. Furthermore, any changes such as marriage or revocation necessitate the member to create a new will and notify their Commanding Officer within one month. The Commanding Officer is then responsible for forwarding the document to the officer designated by the Naval Board for the custody of such documents. Additionally, any codicil made to an existing will is subject to the same requirements as a new will under this regulation.

Key Provisions

The primary operative section of this legislation is regulation 6a (subsection 1) of the Naval Forces Regulations, which mandates that certain members of the Naval Forces make a will and submit it to their Commanding Officer. Specifically, regulation 6a applies to members who are in receipt of pay for the Permanent Naval Forces (Sea-going) during wartime and who either have attained the age of twenty-one years or are in a situation where they would be in active military service if they were soldiers. The regulation requires these members to create a will within three months of its application to them and to provide either the will itself or a certificate confirming the will's existence and location to their Commanding Officer. If a member marries or otherwise revokes their will, they must make a new will within one month of the marriage or revocation and submit it to their Commanding Officer. The obligations imposed by this Act on the relevant parties include the requirement for eligible Naval Forces members to create a will and provide it to their Commanding Officer within the specified timeframes. Furthermore, if a member makes a codicil to their will, they must also submit the codicil to their Commanding Officer in accordance with the regulation. The Commanding Officer, upon receiving the will or certificate, must forward the document to an officer designated by the Naval Board for the custody of such documents. Breach of this regulation could lead to civil or administrative consequences, though the specific penalties are not outlined in the text. It is implied that failure to comply with the will-making and submission requirements could result in disciplinary action or other administrative consequences as deemed appropriate by the Naval Board. However, the exact nature of these consequences is not specified within the regulation itself.