EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 282
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES REGULATIONS (AMENDMENT)
The Statute Law (Miscellaneous Provisions) Act (No 1) 1983, assented to on 20 June 1983, amended various acts, including the Naval Defence Act 1910 (the Act). Among the amendments made to the Act are provisions transferring, from the Governor-General to the Chief of Naval Staff, the power to place the name of an officer or former officer on a retired list. A further amendment removes the requirement to prescribe discharge authorities and specifies the Chief of Naval Staff as an authority for discharging sailors. There is also provision for the Chief of Naval Staff to delegate these powers.
The Naval Forces Regulations, made under the Act, provide for various matters relating to the administration of the Navy, including the granting of naval title to officers placed on a retired list, and the discharge of sailors. This Statutory Rule makes various amendments to the Naval Forces Regulations corresponding with and supplementing the abovementioned amendments to the Act.
Regulation 1 of the Statutory Rule repeals regulation 37 of the Naval Forces Regulations which prescribed, for the purposes of section 30 of the Act, authorities who may discharge sailors. The amended section 30 obviates the need for prescription by specifying the Chief of Naval Staff, with power to delegate, as the discharging authority.
Regulation 2 of the Statutory Rule makes consequential amendments to regulation 38 to substitute reference to the Chief of Naval Staff for reference to “an authority” who may consider reasons for discharge.
Regulation 3 of the Statutory Rule amends regulation 204 to transfer, from the Governor-General to the Chief of Naval Staff, the power to grant naval title to an officer who is placed on a retired list. The application of this provision is also extended to former officers.
Regulation 4 of the Statutory Rule is a transitional provision which enables the Chief of Naval Staff to grant naval title to an officer who is placed on a retired list on or after 18 July 1983 (the date of commencement of the Statute Law (Miscellaneous Provisions) Act (No 1) 1983) and before the commencement date of the Statutory Rule.
The amendments have effect from the date of gazettal of the Statutory Rule.