Naval Reserve Regulations 1931 (Amendment)

Legislation au C1940L00081 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 81.

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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 eighth

day of May  , 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for the Navy.

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Amendments of the Naval Reserve Regulations.†

Promotion to Acting Sub-Lieutenant.

1. Regulation 42 of the Naval Reserve Regulations is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) had at least forty-two days’ mobilized service or continuous training, or forty-two days in the aggregate mobilized service and continuous training;”;

(b) by omitting from paragraph (d) the words “the Director” and inserting in their stead the words “his Commanding Officer”; and

(c) by omitting from paragraph (e) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

Promotion to Sub-Lieutenant.

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

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) had at least twenty-one days’ mobilized service or continuous training, or twenty-one days in the aggregate mobilized service and continuous training;”; and

(b) by omitting from paragraph (d) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

 

* Notified in the Commonwealth Gazette on      , 1940.—Twenty-fifth 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; and 1940, No. 11.

1989.—6/24.4.1940.—Price 3d.


Promotion to Lieutenant.

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

(a) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) had at least sixty-three days’ mobilized service or continuous training, or sixty-three days in the aggregate mobilized service and continuous training;”; and

(b) by omitting from paragraph (c) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

Promotion to Lieutenant-Commander.

4. Regulation 45 of the Naval Reserve Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) have had at least one-hundred and four days’ mobilized service or continuous training, or one hundred and four days in the aggregate mobilized service and continuous training;”;

(b) by adding at the end of paragraph (c) of that sub-regulation the words “, or have received a similar recommendation on the completion of the requisite period of mobilized service”; and

(c) by omitting from paragraph (e) of that sub-regulation the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

Promotion to Engineer-Lieutenant.

5. Regulation 48 of the Naval Reserve Regulations is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) have had at least thirty days’ mobilized service or continuous training, or thirty days in the aggregate mobilized service and continuous training;”; and

(b) by omitting from paragraph (d) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

Promotion to Paymaster Sub-Lieutenant.

6. Regulation 51 of the Naval Reserve Regulations is amended—

(a) by omitting from paragraph (a) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”; and

(b) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) have had at least sixty-three days’ mobilized service or continuous training, or sixty-three days in the aggregate mobilized service and continuous training;”.

Promotion to Paymaster Lieutenant.

7. Regulation 52 of the Naval Reserve Regulations is amended—

(a) by omitting from paragraph (a) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”; and


(b) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) have had at least sixty-three days’ mobilized service or continuous training, or sixty-three days in the aggregate mobilized service and continuous training;”.

Promotion to Paymaster Lieutenant-Commander.

8. Regulation 53 of the Naval Reserve Regulations is amended—

(a) by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) had at least seventy-eight days’ mobilized service or continuous training, or seventy-eight days in the aggregate mobilized service and continuous training”;

(b) by adding at the end of paragraph (b) the words “, or have received a similar recommendation on the completion of the requisite period of mobilized service”; and

(c) by omitting from paragraph (d) the words “the District Naval Officer” and inserting in their stead the words “his Commanding Officer”.

Promotion to Surgeon Lieutenant-Commander.

9. Regulation 54 of the Naval Reserve Regulations is amended by adding at the end thereof the words “or has had war service as a medical officer”.

10. After regulation 54 of the Naval Reserve Regulations, the following regulation is inserted:—

Promotion to Surgeon Commander.

“55. Promotion to Surgeon Commander shall be for exceptionally meritorious service.”.

Commencement.

11. These Regulations shall be deemed to have come into operation as from the third day of September, 1939.

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

Overview

The Statutory Rules 1940, No. 81, consist of regulations made under the Naval Defence Act 1910-1934 by the Governor-General in Council. These regulations amend the Naval Reserve Regulations to update the criteria for promotions within the Naval Reserve, reflecting changes in service requirements and command structures. The enactment of these regulations aims to ensure the smooth operation and efficiency of the Naval Reserve by aligning its administrative and promotional processes with current operational needs. These amendments were necessary to address the evolving requirements of naval service during a period of significant military mobilisation and strategic re-evaluation. The policy objective behind these regulations is to provide a clear and structured framework for the promotion of personnel within the Naval Reserve, ensuring that promotions are based on merit and relevant service experience. By specifying the necessary service days and updating the roles responsible for overseeing promotions, the regulations aim to maintain high standards of discipline and effectiveness within the Naval Reserve. These changes were introduced to respond to the immediate demands of national defence during a critical period in Australia's history, underscoring the importance of a well-organised and capable reserve force.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, made in 1940, pertain specifically to the Naval Reserve and detail amendments to various regulations governing promotions within the Naval Reserve. These regulations apply to individuals who are members of the Naval Reserve and are subject to the criteria and conditions set forth for promotions to various ranks, including Acting Sub-Lieutenant, Sub-Lieutenant, Lieutenant, and higher ranks such as Lieutenant-Commander, Engineer-Lieutenant, Paymaster Sub-Lieutenant, Paymaster Lieutenant, Paymaster Lieutenant-Commander, Surgeon Lieutenant-Commander, and Surgeon Commander. The regulations amend the requisite days of mobilized service or continuous training required for promotions and specify that recommendations for promotions should come from a member's Commanding Officer rather than the District Naval Officer. These amendments are intended to streamline the promotion process within the Naval Reserve. The regulations have a national jurisdictional reach, applying across the Commonwealth of Australia as they are made under federal authority. No exclusions, exemptions, or thresholds are explicitly stated in the text of these regulations, although the application of these rules is inherently contingent upon the individual circumstances of the Naval Reserve members concerned.

Key Provisions

The key provisions of the Statutory Rules of 1940, No. 81, relate to amendments of the Naval Reserve Regulations under the Naval Defence Act 1910-1934. These amendments specifically revise the criteria for promotions within the Naval Reserve (regulations 42 to 55). For instance, the criteria for promotion to Acting Sub-Lieutenant now require at least forty-two days of mobilized service or continuous training (regulation 42). Moreover, certain recommendations that were previously required from the District Naval Officer are now to be made by the individual's Commanding Officer. Under these regulations, the obligations on personnel seeking promotion include completing the requisite days of mobilized service or continuous training, as specified in the relevant regulation for each rank. For example, to be promoted to Sub-Lieutenant, a Naval Reserve member must have at least twenty-one days of mobilized service or continuous training (regulation 43). The regulations also mandate that Commanding Officers are now responsible for making recommendations for promotions, replacing the previous role of the District Naval Officer. There are no explicit offences, penalties, or civil/criminal consequences mentioned in these regulations for failing to meet the promotion criteria or for non-compliance with the revised procedures. The focus of the regulations is on updating the criteria and processes for promotions within the Naval Reserve, rather than on punitive measures for non-compliance.

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