STATUTORY RULES.
1941. No. 217.
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 third
day of September , 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Reserve Regulations. †
Promotion to higher ranks—Engineer Branch.
1. Regulation 49 of the Naval Reserve Regulations is amended by inserting, after the word “Engineer-Lieutenant-Commander”, the words “and from Engineer-Lieutenant-Commander to Engineer Commander”.
Special Branch—Promotion.
2. Regulation 50 of the Naval Reserve Regulations is amended by omitting all the words from and including the words “provided that” to the end of the regulation.
Promotion to Paymaster Commander
3. After regulation 53 of the Naval Reserve Regulations the following regulation is inserted:—
“53a. Promotion to Paymaster Commander will be for exceptionally meritorious service.”
Qualifications for retired ranks.
4. Regulation 65 of the Naval Reserve Regulations is amended—
(a) by inserting in paragraph (f) of sub-regulation (1), before the words “Engineer Lieutenant-Commander”, the words “Engineer Commander”; and
(b) by inserting in paragraph (h) of that sub-regulation, before the words “Paymaster Lieutenant-Commander”, the words “Paymaster Commander”.
* Notified in the Commonwealth Gazette on , 1941.— 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; and 1941, Nos. 57, 81 and 124.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5126.—10/25.8.1941.—Price 3d.
Overview
The Statutory Rules 1941 No. 217, Regulations Under the Naval Defence Act 1910-1934, were enacted to amend the Naval Reserve Regulations and address specific gaps and problems in the promotion structure within the Naval Reserve. This legislative instrument was introduced to ensure that the Navy's reserve ranks are appropriately recognised and structured, facilitating efficient personnel management and enhancing career progression within the Naval Reserve. The Governor-General, acting with the advice of the Federal Executive Council, issued these regulations to achieve these objectives. This legislative action underscores the commitment to maintaining a well-organised and efficient naval force, particularly during a time of heightened military need.
Scope and Application
These regulations, made under the authority of the Naval Defence Act 1910-1934, apply specifically to the promotion of personnel within the Engineer Branch and the Special Branch of the Royal Australian Naval Reserve. The regulations outline the criteria and conditions under which officers can be promoted from Engineer-Lieutenant-Commander to Engineer Commander, and from Engineer-Lieutenant-Commander to Paymaster Commander, with the latter being reserved for exceptionally meritorious service. The regulations also modify the qualifications for retired ranks to include Engineer Commander and Paymaster Commander, aligning them with the new promotion criteria. These provisions are applicable within the Commonwealth of Australia, affecting the officers of the Naval Reserve and impacting their career progression and retirement benefits. The regulations do not specify any exclusions or exemptions, and they extend to all personnel who meet the outlined criteria for promotion or retirement.
Key Provisions
The key operative sections of these Regulations under the Naval Defence Act 1910-1934 involve amendments to the Naval Reserve Regulations, particularly concerning promotions and qualifications for retired ranks. Regulation 49 is amended to allow promotion from Engineer-Lieutenant-Commander to Engineer Commander (section 1). Regulation 50 is amended by omitting a condition that previously applied to promotions (section 2). A new Regulation 53a is inserted, stipulating that promotion to Paymaster Commander will be for exceptionally meritorious service (section 3). Regulation 65 is amended to include Engineer Commander and Paymaster Commander in the qualifications for retired ranks (section 4).
These amendments impose specific requirements and obligations on the Naval Reserve, particularly concerning the criteria for promotions and qualifications for retired ranks. For example, the amendment to Regulation 49 now allows for an additional promotion step within the Engineer Branch. The removal of conditions from Regulation 50 may simplify the promotion process for certain roles. The insertion of Regulation 53a sets a high bar for promotion to Paymaster Commander, requiring exceptionally meritorious service. Regulation 65's amendments expand the qualifications for retired ranks to include Engineer Commander and Paymaster Commander.
Failure to comply with these Regulations could lead to various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of these Regulations, breaches of the Naval Defence Act 1910-1934 or the amended Naval Reserve Regulations could potentially result in disciplinary actions, fines, or other legal repercussions. The exact penalties would depend on the nature and severity of the breach, as well as other relevant laws and regulations.