Naval Forces Regulations (Amendment)

Legislation au C1925L00075 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1925. No. 75.

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.

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 1910-1918, to come into operation forthwith.

Dated this seventh day of MAY, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

THOS. W. CRAWFORD

for Minister of State for Defence.

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Amendment of Naval Forces Regulations.

(Statutory Rules 1921, No. 1, as amended to present date.)

1. After regulation 46 the following regulation is inserted:—

“46a. (1) A Naval Officer may be attached to the Royal Australian Air Force on the nomination of the Naval Board.

(2) A Naval Officer will be granted Air Force rank during his attachment to the Royal Australian Air Force, the initial rank granted being that of Flying Officer. He will be eligible for promotion in the Royal Australian Air Force irrespective of his rank in the Royal Australian Navy. He will be given a temporary commission in the Royal Australian Air Force while attached; such commission will give to a Naval Officer the necessary status and authority under Air Force law while under training, or at such time during his attachment when he may be in command of Royal Australian Air Force personnel not under the Naval Discipline Act, and will not in any way whatever affect his Naval status or authority, except as prescribed in sub-regulation (3). An attached Naval Officer will invariably be addressed by his Naval title, and if his Naval rank is relatively higher than his Air Force rank, he will take precedence (but not command) among Air Force Officers in accordance with his Naval rank. He will continue to wear the uniform of his Naval rank, but will wear also a distinguishing badge indicating that he is attached to the Royal Australian Air Force for service in the Fleet Air Arm.

(3) When a Naval Officer is embarked in one of H.M.A. ships during a period of attachment to the Air Force he will have the rank, status, and authority of his Air Force rank when engaged on air duties. At other times when employed on general Naval duties he will rank and command according to his Naval rank.

C.5180.—Price 3d


(4) Promotion in Air Force rank, as provided for in sub-regulation (2), will be determined by the Air Board, in consultation with the Naval Board.

(5) The promotion in the Royal Australian Navy of a Naval Officer serving in the Fleet Air Arm will be governed by Naval Regulations;”

2. Regulation 106 is amended by omitting sub-regulation (3).

3. Regulation 115 is amended as follows:—

(1) By omitting from the first line of sub-regulation (1) the words “An officer of the Auxiliary Services” and inserting in their stead the wards “An officer appointed to the Auxiliary Services prior to 1st January, 1925.”

(2) By adding after sub-regulation (2) the following sub-regulation:—

“(3) An officer appointed to the Auxiliary Services on or after 1st January, 1925, whether by transfer from the Sea-going List or otherwise, shall be placed on the Retired List on attaining the age prescribed in regulation 112 for the retirement of an officer of corresponding rank on the Sea-going List.”

4. Regulation 152 is repealed and the following regulation is inserted in is stead:—

“152. (1) Officers shall wear the uniform prescribed in the Uniform Regulations for Officers of the Royal Navy, with the exception that the buttons are to be of the special design adopted for the Royal Australian Navy.

(2) Officers of the Royal Navy loaned for service in the Royal Australian Navy shall not be required to wear Royal Australian Navy buttons.”

5. Regulation 154 is repealed.

6. Regulation 155 is repealed and the following regulation is inserted in its stead.—

“155. The uniform of petty officers, men, and boys shall be, subject to any variations approved by the Naval Board to meet local conditions, the same as in the Royal Navy except that—

(a) Cap ribbons shall bear the designation “H.M.A.S.” instead of “H.M.S.”

(b) The buttons shall be of the special design adopted for the Royal Australian Navy, provided that petty officers and men on loan from the Royal Navy shall not be required to wear Royal Australian Navy buttons.”

7. Regulations 172, 173, and 174 are repealed and the following regulations inserted in their stead:—

“172. In an emergency the Naval Board or an officer of the Naval Forces authorized by the Naval Board to do so or, in time of war, the Commanding Officer of one of H.M.A ships may require any person, firm, or company owning or in possession of any ship,


vessel, boat or other craft, carriage, vehicle, horse or other draught animal to furnish the same for naval service, and if any person, firm, or company, after receiving such request, refuses to furnish the same, it may be taken and impressed into such service.

(2) Any such ship or other vessel may be removed and employed on any naval service.

(3) The conditions of hire shall be settled between the Naval Board and the owners as soon as possible after requisition. In the event of disagreement, the matter shall be decided by an arbitrator appointed by the Governor-General.

173. In time of war or emergency, the Naval Board may take control of all ships, vessels, boats, or other craft in any part of Australia and its Territories or in their territorial waters, and may require any such ship, vessel, boat, or other craft to take up or move to any berth or anchorage or, on approaching or leaving any such port or territorial waters, to follow such course or route, whether by itself or in company with other vessels, as is ordered by the Naval Board or any officer authorized by the Naval Board in that behalf.

174. Any person, firm, or company who being the owner or in possession or in charge of any ship, vessel, boat, carriage, vehicle or animal referred to in regulations 172 or 173 of these Regulations, fails, on request, to deliver the same or to render every reasonable assistance in connexion therewith, or any person who interferes or obstructs any officer authorized to take any action under those regulations shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months, or both.”

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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1925, No. 75, titled "Regulations under the Naval Defence Act 1910-1918," was enacted to provide a legal framework for the management and operation of naval forces within Australia, addressing the need for detailed regulations to govern the administration of naval defence as outlined in the Act. This legislative instrument was introduced by the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of these regulations is to ensure that naval forces are properly organised, trained, and equipped to fulfil their roles in the defence of Australia, in alignment with the overarching policy objectives of the Naval Defence Act. The regulations specifically address the attachment of Naval Officers to the Royal Australian Air Force, outlining the terms and conditions of such attachments, including rank and command protocols. They also detail the procedures for the requisitioning of vessels and other resources for naval service in times of emergency or war, and establish the penalties for non-compliance. These regulations were designed to fill operational gaps and provide the necessary legal authority to effectively manage and mobilise naval resources in line with national defence requirements.

Scope and Application

The Regulations under the Naval Defence Act 1910-1918 govern the operational and administrative aspects of the Australian Naval Forces, affecting officers, personnel, and resources within the Royal Australian Navy (RAN) and the Royal Australian Air Force (RAAF). These regulations are applicable to naval officers, petty officers, men, and boys serving in or attached to the RAN, including those in the Fleet Air Arm, as well as any person, firm, or company owning or possessing ships, vessels, boats, other craft, carriages, vehicles, or draught animals within the jurisdiction of the Commonwealth of Australia and its territories. They establish procedures for the attachment of Naval Officers to the RAAF, uniform requirements, and the requisitioning of vessels and other resources for naval service during times of emergency or war. The regulations also stipulate penalties for failing to comply with requisitioning requests or obstructing naval officers. The scope of these regulations is extended and modified through subordinate instruments, allowing for further detailed instructions and adaptations to changing circumstances.

Key Provisions

These regulations introduce several key provisions under the Naval Defence Act 1910-1918. Firstly, a new regulation 46a (paragraph 1) allows a Naval Officer to be attached to the Royal Australian Air Force (RAAF) on the nomination of the Naval Board. During such an attachment, the Naval Officer is granted Air Force rank, starting at Flying Officer, and is eligible for promotion within the RAAF regardless of their rank in the Royal Australian Navy (RAN). They receive a temporary commission in the RAAF, which grants them the necessary status and authority under Air Force law while in training or commanding RAAF personnel, without affecting their RAN status or authority (paragraph 2). While attached, the Naval Officer continues to wear their RAN uniform, but also wears a distinguishing badge indicating their attachment to the Fleet Air Arm (paragraph 3). Their rank and command status depend on whether they are engaged in air duties or general naval duties (paragraph 3). Promotion in Air Force rank is determined by the Air Board in consultation with the Naval Board (paragraph 4), while promotion in the RAN for an officer in the Fleet Air Arm follows RAN regulations (paragraph 5). The regulations impose several obligations on the parties and entities they govern. Naval Officers attached to the RAAF must adhere to the provisions outlined in regulation 46a, including the grant of Air Force rank, eligibility for promotion, and the wearing of a distinguishing badge. They must also ensure that their temporary commission and Air Force rank do not interfere with their RAN status and authority (paragraph 3). The Naval Board and Air Board must consult with each other regarding the promotion of Naval Officers in the RAAF (paragraph 4). Additionally, any person, firm, or company owning or in possession of a ship, vessel, boat, carriage, vehicle, horse, or other draught animal may be required to furnish these items for naval service in an emergency or time of war (regulation 172). They must comply with requests to deliver these items and render reasonable assistance, and failure to do so is an offence (regulation 174). The regulations establish specific offences and penalties for breaches. Regulation 174 states that any person, firm, or company who fails to deliver a ship, vessel, boat, carriage, vehicle, or animal upon request or who interferes with an officer authorized to take action under regulations 172 or 173 is guilty of an offence. The penalty for this offence is a fine of twenty pounds, imprisonment for three months, or both (regulation 174). This penalty applies to any breach of the obligations imposed by the regulations, ensuring compliance with the requirements to furnish resources for naval service in emergencies or times of war.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.