Naval Reserve Regulations 1931 (Amendment)

Legislation au C1942L00509 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 509.

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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 Eighteenth day of November, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

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Amendment of the Naval Reserve Regulations.†

Parts.

1. Regulation 3 of the Naval Reserve Regulations is amended—

(a) by omitting the words and figure “Section I.—Medical Attendance in time of Peace.” and inserting in their stead the words and figure “Section I.—Medical Attendance when not mobilized.”; and

(b) by omitting the words and figure “Section IV.—Compensation for Injuries or Disease in time of Peace.” and inserting in their stead the words and figure Section IV.—Compensation for Injuries or Disease when not mobilized.”.

Promotion to Acting Lieutenant in time of war.

2. Regulation 43b of the Naval Reserve Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “Sub-Lieutenant” (first occurring), the words and figures “, appointed to that rank before the first day of December, 1942,”;

(b) by inserting, after that sub-regulation, the following sub-regulation:—

“(1a.) A Sub-Lieutenant, appointed to that rank on or after the first day of December, 1942, who by reason of the exigencies of the Service has not had an opportunity of qualifying for a Naval Watch-keeping Certificate may

 

* Notified in the Commonwealth Gazette on   , 1942.—Thirty-sixth amendment.

† 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; 1936, Nos. 9 and 146; 1937, Nos. 6, 59, 89 and 106; 1938, Nos. 44 and 59; 1939, Nos. 29 and 116; 1940, Nos. 11, 81 and 255; 1941, Nos. 57, 81, 124, 217 and 238; and 1942, Nos. 94, 180, 203 and 250.


be provisionally promoted to the rank of Acting Lieutenant, if he has attained the age of thirty years, holds the confirmed rank of Sub-Lieutenant, has completed nine months’ mobilized service as Sub-Lieutenant, including probationary time, and is recommended and certified by his Commanding Officer as competent to carry out in an efficient manner the duties upon which he is employed.”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words and figure “sub-regulation (1.) of this regulation”.

Promotion to Lieutenant in time of war.

3. Regulation 44a of the Naval Reserve Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “Sub-Lieutenant” (first occurring), the words and figures “, appointed to that rank before the first day of December, 1942,”;

(b) by inserting, after that sub-regulation, the following sub-regulation:—

“(1a.) Notwithstanding anything contained in regulation 44 of these Regulations, a Sub-Lieutenant, appointed to that rank on or after the first day of December, 1942, may be provisionally promoted to the rank of Lieutenant, if he has attained the age of thirty years, holds the confirmed rank of Sub-Lieutenant, has completed nine months’ mobilized service as Sub-Lieutenant, including probationary time, has obtained a Naval Watch-keeping Certificate and is recommended by his Commanding Officer.”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words and figure “sub-regulation (1.) of this regulation”.

Promotion to Paymaster Lieutenant in time of war.

4. Regulation 52a of the Naval Reserve Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “Sub-Lieutenant” (first occurring), the words and figures “, appointed to that rank before the first day of December, 1942,”;

(b) by inserting, after that sub-regulation, the following sub-regulation:—

“(1a.) Notwithstanding anything contained in regulation 52 of these Regulations, a Paymaster Sub-Lieutenant, appointed to that rank on or after the first day of December, 1942, may be provisionally promoted to the rank of Paymaster Lieutenant, if he has attained the age of thirty years, holds the confirmed rank of Paymaster Sub-Lieutenant, has completed nine months’ mobilized service as Paymaster Sub-Lieutenant, including probationary time, and is recommended by his Commanding Officer.”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding sub-regulation” and inserting in their stead the words and figure “sub-regulation (1.) of this regulation”.


Heading to Section I. of Part XII.

5. The heading to Section I. of Part XII. of the Naval Reserve Regulations is amended by omitting the words “in time of Peace” and inserting in their stead the words “when not mobilized”.

Heading to Section IV. of Part XV.

6. The heading to Section IV. of Part XV. of the Naval Reserve Regulations is amended by omitting the words “in time of Peace” and inserting in their stead the words “when not mobilized”.

Long service decorations.

7. Regulation 160 of the Naval Reserve Regulations is amended by omitting from sub-regulation (3.) the words “(including service under the conditions of Section 90 of the Naval Discipline Act)” and inserting in their stead the words “(including that under special Naval Engagements T.124 and its variants)”.

Long service medal.

8. Regulation 161 of the Naval Reserve Regulations is amended—

(a) by omitting from sub-regulation (4.) the word “Australian”;

(b) by inserting in that sub-regulation, after the word “the” (second occurring) the word “Royal”;

(c) by omitting from sub-regulation (5.) the words “(including service under the conditions of section 90 of the Naval Discipline Act)” and inserting in their stead the words “(including that under Special Naval Engagements T.124 and its variants)”; and

(d) by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) Any petty officer or man who has been deprived of the medal under the provisions of sub-regulation (8.) or (8a.) of this regulation may have the medal restored to him as prescribed by Standing Orders of the Naval Board.”.

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

Overview

The Statutory Rules of 1942, No. 509, are Regulations made under the Naval Defence Act 1910-1934. These Regulations were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address the specific needs of the naval defence force during times of war. The amendments primarily focus on updating the criteria for promotion within the Naval Reserve, reflecting the exigencies of wartime conditions. For example, they allow for provisional promotions based on service and recommendations by Commanding Officers, irrespective of certain qualifications like the Naval Watch-keeping Certificate. Additionally, these Regulations alter the conditions for medical attendance and compensation for injuries or disease, adapting them to apply when the naval reserve is not mobilized. The overall policy objective appears to be to streamline the promotion process and adapt eligibility criteria to the pressing requirements of wartime naval operations.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, specifically amending the Naval Reserve Regulations, apply to members of the Naval Reserve, encompassing both individuals and the entities involved in their administration and oversight. These regulations pertain to the promotion and medical provisions for members of the Naval Reserve during times of war and when not mobilized, indicating a direct application to the conduct and transactions within the Naval Reserve, particularly focusing on rank promotions and medical attendance. The regulations cover the entire Commonwealth of Australia, with adjustments made to the criteria for promotions during wartime, which include specific conditions for eligibility based on age, service duration, and certification. The Act's amendments do not specify any exclusions or thresholds beyond those outlined within the regulations themselves, and the application is not extended or restricted by subordinate instruments beyond what is stipulated in these amendments.

Key Provisions

The key provisions of these Regulations, under the Naval Defence Act 1910-1934, primarily concern amendments to the Naval Reserve Regulations. Regulation 3 amends the titles of sections related to medical attendance and compensation for injuries or disease, changing "in time of Peace" to "when not mobilized" (paragraphs 1(a) and 1(b)). Regulation 43b introduces provisions for the promotion of Sub-Lieutenants to Acting Lieutenants in times of war, including specific conditions such as age, service duration, and certification requirements (paragraph 2). Regulation 44a and 45a similarly modify the conditions for promotion to Lieutenant and Paymaster Lieutenant, respectively, by adding criteria such as the attainment of a Naval Watch-keeping Certificate and recommendations from Commanding Officers (paragraphs 3 and 4). The headings to Sections I of Part XII and IV of Part XV are amended to reflect the changes from "in time of Peace" to "when not mobilized" (paragraphs 5 and 6). Regulation 160 and 161 address long service decorations and medals, specifying the conditions for eligibility and the process for restoring medals that have been deprived (paragraphs 7 and 8). These Regulations impose specific obligations on the parties involved, including the requirement for Sub-Lieutenants to meet certain conditions for provisional promotions to higher ranks, such as age, service duration, and certification. Additionally, the Regulations mandate that changes in the titles of certain sections reflect the distinction between times of mobilization and non-mobilization. For long service decorations and medals, the Regulations outline the conditions for eligibility and provide a process for restoring medals that have been revoked. The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with the specified conditions for promotions or the outlined processes for medals could potentially result in administrative consequences within the Naval Reserve. The specific penalties for such breaches would be determined by the Naval Board and would likely be in line with the Naval Discipline Act.

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Military & Defence Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Promotion to Ranks

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