Naval Forces Regulations (Amendment)

Legislation au C2004L00704 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 27.

 

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.†

Composition of Auxiliary Services.

1. Regulation 84 of the Naval Forces Regulations is amended—

(a) by omitting from paragraph, (c) of sub-regulation (1) the word “and”;

(b) by adding, after paragraph (d) of sub-regulation (1), the following words:—

“and

(e) members of the Royal Australian Naval Shore Wireless Service;” and

(c) by omitting sub-regulations (2), (3) and (4) and inserting in their stead the following sub-regulations:—

“(2) An officer, on permanent appointment to the Auxiliary Services from the Sea-going List, shall hold the same rank and seniority as he held immediately prior to his transfer from the Sea-going List.

(3) Subject to sub-regulations (4) and. (5) of this regulation, a Chief Petty Officer, a Petty Officer, or a man, on appointment to the Auxiliary Services from the Sea-going List, shall hold the same rating and seniority as he held immediately prior to his transfer from the Sea-going List:

Provided that a Petty Officer of four or more years’ seniority who is engaged as a member of the Naval Reserve Staff shall be granted the rating of Chief Petty Officer.

 

*Notified in the Commonwealth Gazette on  , 1939 —Eighth Amendment.

† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 20, 46, 70, 91 and   .

1195.—9/27.3.1939.—Price 3d.


(4) A Chief Petty Officer, a Petty Officer or a man on appointment to the Shore Wireless Service from the Sea-going List shall hold the rating equivalent to that which he held immediately prior to his transfer from the Sea-going List only if a vacancy exists in the Shore Wireless Service in the equivalent rating.

(5) For the purposes of discipline, the relative rank or rating of a member or employee of the Auxiliary Services specified in the first column of the following Table shall be that set out in the second column of that Table opposite to the description of the member or employee—–

Member or employee.

Relative rank or rating.

Officer in Charge, Shore Wireless Service.........

Commander

Sub-Inspector, Naval Dockyard Police...........

Commissioned Officer from Warrant Rank or Warrant Officer

 

Chief Shore Wireless Operator................

Chief Petty Officer

Sergeant, 1st Class, and Sergeant, 2nd Class, Naval Dockyard Police

Shore Wireless Operator, Grade 1,..............

Constable, Naval Dockyard Police..............

Petty Officer

Shore Wireless Operator, Grade 2, and Shore Wireless Operator, Grade 3 

 

Loading Seaman

Boatman...............................

Able Seaman.

(6) Notwithstanding anything contained in sub-regulation (5) of this regulation, a Shore Wireless Operator, Grade 3, who, immediately prior to his appointment to the Shore Wireless Service, held the rating of Chief Petty Officer Telegraphist or Petty Officer Telegraphist, shall hold the relative rating of Petty Officer.”.

Entry of C.P.O.’s, P.O.’s and men from Sea-going Force.

2. Regulation 91 of the Naval Forces Regulations is amended by omitting sub-regulations (1) and (2) and inserting in their stead the following sub-regulations:—

“(1) Subject to the provisions of this regulation, a rating or a former rating of the Permanent Naval Forces (Sea-going) may, on the approval of the Naval Board, be engaged for service in the Auxiliary Services.

(2) A rating or former rating shall not be engaged for service in the Auxiliary Services unless he received the highest assessment for character in respect of each of the three years of service prior to his discharge from the Sea-going Forces, and shall not be engaged in any service other than the Shore Wireless Service unless he has completed twelve years’ man’s time.”.

3. After regulation 95 of the Naval Forces Regulations the following heading and regulations are inserted :—

“Members of The Royal Australian Naval Shore Wireless Service.

Personnel.

95a. The personnel of the Royal Australian Naval Shore Wireless Service shall consist of Commissioned and Warrant Officers, and Chief Petty Officers, Petty Officers and other ratings, employed at Shore Wireless Stations under the control of the Naval Board.


Appointment.

95b. (1) Except as prescribed in sub-regulation (2) of this regulation, first appointment as a Shore Wireless Operator shall be as Shore Wireless Operator, Grade 3.

(2) First appointment as a Shore Wireless Operator on the inaugural staff of the Shore Wireless Service shall be to such grade as the Naval Board determines.

Promotion.

95c. (1) Promotion of a rating of the Shore Wireless Service shall be subject to his obtaining such qualifications for the higher rating as the Naval Board determines.

(2) Promotion to Chief Shore Wireless Operator shall be by selection by the Naval Board when a vacancy arises.

(3) Promotion of Artificer ratings shall be by advancement roster when a vacancy arises.

Reversion to Sea-going Forces.

95d. The Naval Board may revert to the Permanent Naval Forces (Sea-going) any rating of the Shore Wireless Service who was a member of the Sea-going Forces at the time of his selection for appointment to the Shore Wireless Service.”.

4. The heading immediately prior to regulation 96 is omitted and the following heading inserted in its stead:—

“Other Members of the Auxiliary Services.”.

Special appointment.

5. Regulation 96 of the Naval Forces Regulations is amended by omitting the words “otherwise than on, or attached to the Royal Australian Naval Reserve Staff, and”, and inserting in their stead the word “or”.

Retiring ages for Auxiliary Services.

6. Regulation 103 of the Naval Forces Regulations is amended by omitting from sub-regulation (2) the figures 52 and 47 and inserting in their stead the figures “55 and “52”, respectively.

Retiring age other than Instructor Branch.

7. Regulation 121 of the Naval Forces Regulations is amended by omitting sub-regulation (4) and inserting in its stead the following sub-regulations:—

“(4) A rating appointed to the Auxiliary Services (other than as a member of the Shore Wireless Service) on or after the first day of August, 1933, shall be compulsorily retired on his attaining the age of 50 years.

(5) A rating appointed to the Shore Wireless Service shall be compulsorily retired on attaining the age of 55 years.”.

Furlough.

8. Section VI. of the Naval Forces Regulations is repealed.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1939, No. 27, were made under the Naval Defence Act 1910-1934 by the Governor-General, acting on the advice of the Federal Executive Council. These regulations were enacted to amend the existing Naval Forces Regulations, specifically addressing the composition of the Auxiliary Services and the Shore Wireless Service within the Royal Australian Navy. The objective of these amendments was to streamline the integration of personnel from the Sea-going List into the Auxiliary Services, to ensure that their ranks and ratings were maintained upon transfer, and to establish clear guidelines for the engagement, promotion, and retirement of personnel within these services. The regulations also included provisions for the compulsory retirement of certain ratings to ensure a steady turnover of personnel and the maintenance of service standards.

Scope and Application

The Statutory Rules 1939 No. 27, made under the Naval Defence Act 1910-1934, amend the Naval Forces Regulations to update the composition and regulations concerning the Auxiliary Services, specifically the Royal Australian Naval Shore Wireless Service. These regulations apply to personnel involved in the Naval Defence of Australia, including officers, ratings, and other members of the Auxiliary Services, as well as the Royal Australian Naval Shore Wireless Service. The amendments modify the criteria for appointment, promotion, and reversion to Sea-going Forces, and adjust retiring ages for different branches within the Auxiliary Services. The regulations are applicable across the Commonwealth of Australia, governed by the Naval Defence Act and administered through the Naval Board. No specific exclusions or exemptions are stated in these regulations, but the application may be further detailed or restricted by subordinate instruments as necessary.

Key Provisions

The main operative sections of this statutory instrument (C2004L00704) pertain to the amendments of the Naval Forces Regulations under the Naval Defence Act 1910-1934. Regulation 84 has been amended to include members of the Royal Australian Naval Shore Wireless Service within the composition of the Auxiliary Services (sub-regulation 1(e)) and to revise the ranking and seniority of officers and ratings transferring from the Sea-going List to the Auxiliary Services (sub-regulations 2, 3, 4, 5, and 6). Regulation 91 has been altered to clarify the conditions under which ratings from the Sea-going Force may be engaged for service in the Auxiliary Services (sub-regulations 1 and 2). Additionally, new regulations 95a, 95b, 95c, and 95d have been inserted to establish the personnel, appointment, promotion, and reversion to the Sea-going Forces for members of the Royal Australian Naval Shore Wireless Service. Regulation 96 has been amended to include a special appointment provision for the Auxiliary Services, while regulation 103 has been altered to adjust the retiring ages for the Auxiliary Services (sub-regulation 2). Lastly, regulation 121 has been amended to set the retiring age for ratings appointed to the Auxiliary Services (sub-regulation 4) and Shore Wireless Service (sub-regulation 5). These regulations impose certain obligations and requirements on the parties and entities governed by the Act. For example, officers and ratings transferring from the Sea-going List to the Auxiliary Services must retain their rank and seniority unless specified otherwise in the regulations (Regulation 84). Ratings from the Sea-going Force must meet specific character assessment criteria to be engaged for service in the Auxiliary Services (Regulation 91). Furthermore, members of the Royal Australian Naval Shore Wireless Service must undergo a specific appointment and promotion process as outlined in regulations 95a, 95b, 95c, and 95d. The regulations also establish specific retiring ages for members of the Auxiliary Services and Shore Wireless Service (Regulations 103 and 121). Breach of these regulations may result in various civil or criminal consequences. While the statutory instrument does not explicitly state the penalties for non-compliance, the Naval Defence Act 1910-1934, under which these regulations are made, may provide for such penalties. Typically, violations of the Act or its regulations could result in fines, imprisonment, or other legal repercussions depending on the severity of the breach.

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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.