Naval Forces Regulations (Amendment)

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STATUTORY RULES.

1939. No. .

 

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 twenty third day of August, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Naval Forces Regulations.†

Definitions.

1. Regulation 4 of the Naval Forces Regulations is amended by inserting at the commencement of the definitions the following definitions:—

“‘Cadet Midshipman’ is a designation of rank equivalent to that of ‘Naval Cadet’ in the Royal Navy, and means a youth entered at the Royal Australian Naval College for training as a Naval Officer.

‘Cadet Midshipman (Special Entry)’ means a youth entered in the Royal Australian Navy for the course of training specified in regulation 49b of those Regulations.

‘Guardian’, in relation to a Cadet Midshipman (Special Entry) or a candidate for entry into the Royal Australian Navy as a Cadet Midshipman (Special Entry), means any person who, in the opinion of the Naval Board, is properly charged with the youth’s interests.”.

2. Regulation 46 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead:—

Conditions governing entry, &c.

“46. Except as otherwise prescribed, any matter in relation to the entry, appointment, training, service and promotion of officers of the Permanent Naval Forces (Sea-going) shall be dealt with as nearly as possible in accordance with the provisions governing the relative matter in force in the Royal Navy.”

Allocation of officers.

3. Regulation 49 of the Naval Forces Regulations is amended by omitting sub-regulation (6).

 

* Notified in the Commonwealth Gazette on  , 1939.—Ninth amendment.

† Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 110; 1938, Nos. 20, 46, 70 and 91; and 1939, Nos. 26 and 27.

3249.—9/14.7.1939.—Price 3d.

4. After regulation 49 of the Naval Forces Regulations the following regulations are inserted:—

Eligibility for appointment as Cadet Midshipman (Special Entry).

“49a. A candidate for entry into the Royal Australian Navy as a Cadet Midshipman (Special Entry) shall be eligible for this appointment if—

(a) his age on the first day of the month of entry is not less than sixteen years and seven months nor more than eighteen years and seven months, and

(b) he has passed the Leaving Certificate examination conducted by the University of Melbourne, or an examination which the Naval Board deems equivalent to that examination.

Training of Cadet Midshipmen (Special Entry).

“49b. The course of training for Cadet Midshipmen (Special Entry) shall be the course laid down for Naval Cadets (Special Entry) in the Royal Navy.

Seniority of Cadet Midshipmen (Special Entry).

“49c. The seniority of a Cadet Midshipman (Special Entry) shall accord with the seniority determined by the Admiralty for a Naval Cadet (Special Entry) whoso period of training commenced on the same date.

Undertaking by parent or guardian of Cadet Midshipman (Special Entry).

“49d. The Naval Board may require the parent or guardian of a Cadet Midshipman (Special Entry) or a candidate for entry into the Royal Australian Navy as a Cadet Midshipman (Special Entry) to execute an undertaking that, in the event of the Cadet Midshipman (Special Entry) withdrawing from, refusing or failing to continue his training in, or leaving or resigning from, the Permanent Naval Forces (Sea-going) without the consent of the Naval Board before he has completed a period of service of three years and eight months from the date of the commencement of his training in the Royal Navy or before he has attained the age of 21 years (whichever is the earlier) the parent or guardian will pay to the Commonwealth a sum fixed by the Minister but not exceeding the total of—

(a) the cost to the Commonwealth of the passages of such Cadet Midshipman (Special Entry) to and from England; and

(b) one-sixth of the Service value at date of issue of the kit issued gratuitously on entry to such Cadet Midshipman (Special Entry) in respect of each period of six months or portion thereof by which his service subsequent to the date of commencement of his training in the Royal Navy fell short of a period of three years; and

(c) all payments made to the Admiralty by the Commonwealth in respect of the training and maintenance of the Cadet Midshipman (Special Entry),

and the sum so fixed shall be a debt due by the parent or guardian his executors or administrators to the Commonwealth and may be recovered in any Court of competent jurisdiction.”

Articles supplied on loan on first appointment, to sea-going ship.

5. Regulation 151 of the Naval Forces Regulations is repealed.

Commencement.

6. These Regulations shall be deemed to have come into operation on the first day of February, 1939.”

 

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

Overview

The Naval Defence Act 1910-1934 aimed to regulate the management and operation of the Australian naval forces, with the objective of ensuring the effective and efficient administration of the Royal Australian Navy. The problem or gap this legislation was introduced to address was the need for a comprehensive legal framework governing the operations, discipline, and administration of naval forces in Australia. Enacted by the Australian Federal Parliament, the Act provided the basis for subsequent regulations and statutory rules to be made, including the Naval Forces Regulations 1939. These regulations further refined and expanded upon the provisions of the original Act to cater to evolving operational needs and to ensure the smooth functioning of the Royal Australian Navy. The policy objective of these regulations was to align the Australian naval forces more closely with the practices and standards of the Royal Navy, thereby enhancing the capabilities and readiness of the Australian naval defence.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934 apply to the conditions governing the entry, appointment, training, service, and promotion of officers of the Permanent Naval Forces (Sea-going), including Cadet Midshipmen and Cadet Midshipmen (Special Entry), within the Commonwealth of Australia. The scope of these regulations pertains specifically to the administration and operational requirements of the Royal Australian Navy, with a focus on aligning the practices and protocols of the Royal Australian Navy with those of the Royal Navy to the extent possible. These regulations apply nationally across Australia and are designed to ensure uniformity and efficiency in the naval forces. Notably, the regulations outline eligibility criteria for Cadet Midshipmen (Special Entry), stipulating age limits and educational qualifications, and also address the training, seniority, and financial responsibilities of the Cadet Midshipmen (Special Entry) and their guardians. The regulations further detail the conditions under which parents or guardians may be required to compensate the Commonwealth for certain expenses if the Cadet Midshipman (Special Entry) prematurely withdraws from service. The application of these regulations is comprehensive, covering various aspects of naval personnel management and training, and they come into effect from the first day of February, 1939.

Key Provisions

The key provisions of these regulations, outlined in section 1, include amendments to the definitions under Regulation 4 of the Naval Forces Regulations, introducing new terms such as 'Cadet Midshipman' and 'Cadet Midshipman (Special Entry)', and altering the existing definition of 'Guardian'. Section 2 repeals Regulation 46 and replaces it with a new regulation stipulating that the entry, appointment, training, service, and promotion of officers in the Permanent Naval Forces (Sea-going) should follow the Royal Navy's provisions as closely as possible. Furthermore, section 3 removes sub-regulation (6) from Regulation 49. Additionally, new regulations are introduced, including provisions for the eligibility of candidates for entry into the Royal Australian Navy as Cadet Midshipmen (Special Entry) (section 4), the training of such Cadet Midshipmen (section 4a), the seniority of Cadet Midshipmen (Special Entry) (section 4b), and the undertaking by the parent or guardian of a Cadet Midshipman (Special Entry) (section 4c). These regulations impose obligations on various parties, including the Naval Board, the candidates, and their parents or guardians. The Naval Board is responsible for determining eligibility for entry, establishing the training course, and setting seniority for Cadet Midshipmen (Special Entry). Candidates must meet the specified age and educational requirements and complete the prescribed training. Parents or guardians are required to execute an undertaking to pay a sum determined by the Minister if the candidate withdraws or fails to complete the required service period. The regulations also mandate that the entry, appointment, training, service, and promotion of officers in the Permanent Naval Forces (Sea-going) should follow the Royal Navy's provisions as closely as possible. Breaches of these regulations may result in civil or criminal consequences. For instance, under section 4d, if a parent or guardian fails to pay the sum determined by the Minister upon the withdrawal or failure of the Cadet Midshipman (Special Entry) to complete the required service period, the sum becomes a debt due to the Commonwealth and may be recovered in any Court of competent jurisdiction. The maximum penalty for such a breach is not explicitly stated in the provided text, but it is implied that the sum fixed by the Minister could be substantial, covering costs such as passages, service value, and training and maintenance expenses.

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