STATUTORY RULES.
1936. No. 146.
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 first day of October ,1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Naval Reserve Regulations.†
Promotion to Lieutenant-Commander.
1. Regulation 45, sub-regulation (2.), of the Naval Reserve Regulations is amended by adding the following to paragraph (b):—
“or who are in possession of a 2nd Mate’s (or superior) Board of Trade Certificate of Competency.”
Authority for discharge.
2. Regulation 81 of the Naval Reserve Regulations is amended by adding the following:—
“(f) unsuitability.”
Hurt certificates and accidents notes.
3. Regulation 102 of the Naval Reserve Regulations is repealed.
Compensation—Rates and period of.
4. Regulation 149, sub-regulation (1.), of the Naval Reserve Regulations is amended by adding the following:—
“provided further that no payment shall be made under this regulation in respect of any child of the member in respect of whom he is receiving any payment by way of child endowment independently of this regulation.”
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1931, No. 35, as amended by Statutory Rules 1931, Nos. 79 and 150; 1932, Nos. 65 and 116; 1933, Nos. 6 and 97; 1934, Nos. 19, 103, 129 and 161; 1935, Nos. 35, 55 and 87; and 1936, No. 9.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
5022.—9/2.10,1936.—Price 3d.
Overview
Statutory Rules 1936 No. 146, Regulations Under the Naval Defence Act 1910–1934, was enacted to amend existing regulations pertaining to the Australian Naval Reserve. This legislative instrument was made under the authority of the Governor-General in Council and addresses specific gaps and issues within the operational framework of the Naval Reserve. The policy objective, as inferred from the amendments, is to enhance the administrative efficiency and eligibility criteria for personnel within the Naval Reserve. The Regulations modify provisions relating to promotions, the authority for discharge, the issuance of certificates, and compensation rates. These amendments reflect an effort to streamline processes and address areas of unsuitability and redundancy within the existing regulatory structure.
Scope and Application
The Regulations under the Naval Defence Act 1910–1934, specifically Statutory Rules 1936, No. 146, apply to the administration and management of the Australian Naval Reserve. This Act pertains to the personnel within the Naval Reserve, affecting individuals who hold a 2nd Mate's or superior Board of Trade Certificate of Competency and are eligible for promotion to Lieutenant-Commander. Furthermore, it addresses the authority for discharge by including unsuitability as a criterion and provides amendments to compensation rates and periods for Naval Reserve members. These regulations are made under the overarching authority of the Commonwealth of Australia and affect the operational and administrative aspects of the Naval Reserve, impacting personnel across the nation. Notably, the Act does not specify geographic exclusions, thus applying nationally, and does not explicitly mention exemptions or thresholds within the provided text. The application and scope of these regulations are further defined through subordinate instruments and amendments to existing regulations.
Key Provisions
The key provisions of these regulations involve several amendments to the existing Naval Reserve Regulations under the Naval Defence Act 1910–1934. Regulation 45(2) now includes an additional criterion for promotion to Lieutenant-Commander, allowing those in possession of a 2nd Mate’s (or superior) Board of Trade Certificate of Competency to be considered for this rank (sub-regulation 1). Furthermore, a new ground for discharge has been introduced in Regulation 81, allowing for the dismissal of a member on the basis of unsuitability (sub-regulation 2). Regulation 102 has been repealed entirely, eliminating the previous requirements regarding hurt certificates and accident notes (sub-regulation 3). Lastly, Regulation 149(1) has been amended to clarify that no payment will be made in respect of a child of the member if they are already receiving child endowment independently of this regulation (sub-regulation 4).
These regulations impose certain obligations and requirements on the parties or entities they govern. Firstly, the inclusion of the 2nd Mate’s (or superior) Board of Trade Certificate of Competency as a criterion for promotion to Lieutenant-Commander means that members must possess this qualification to be eligible for this rank (Regulation 45(2)). Secondly, the addition of "unsuitability" as a ground for discharge in Regulation 81 means that members who are deemed unsuitable for service may be discharged. Thirdly, the repeal of Regulation 102 removes the previous requirements for hurt certificates and accident notes, potentially impacting the procedures for reporting and documenting injuries or accidents within the Naval Reserve. Lastly, Regulation 149(1) now requires that compensation payments for children are not made if the member is already receiving child endowment independently of this regulation, ensuring that no double payments are made.
The regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is likely that breaches of these regulations, such as failing to meet the new promotion criteria or discharging a member without proper cause, could result in disciplinary action or other consequences as outlined in the Naval Defence Act 1910–1934 or other relevant legislation. It is important to note that the maximum penalties for breaches of the Naval Defence Act 1910–1934 are not specified in these regulations and would need to be referred to in the primary Act or other relevant legislation.