STATUTORY RULES.
1938. No. 44.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1934.
Dated this eighteenth day of May, 1938.
Administrator.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of Naval Reserve Regulations. †
Regulation 73 of the Naval Reserve Regulations is repealed and the following regulation inserted in its stead:—
Extra training.
“73.—(1.) Any member, except a Commander, who volunteers to attend voluntary drills may, with the approval of the Director, be permitted to undergo continuous training or courses, afloat or ashore, additional to the Obligatory Training prescribed, for the purpose of—
(a) qualifying for confirmation or promotion in rank;
(b) qualifying for advancement in rating; or
(c) qualifying or re-qualifying for a non-substantive rating:
Provided that such additional training or courses in the case of any member shall not in any training year exceed thirteen days exclusive of travelling time.
(2.) Notwithstanding anything contained in the last preceding sub-regulation, the Naval Board may, in the case of a member permitted to undergo additional training or courses for the purpose of qualifying or re-qualifying for a non-substantive rating, approve in special circumstances of such training or courses exceeding thirteen days but not exceeding twenty-one days, exclusive of travelling time.”.
* Notified in the Commonwealth Gazette on , 1938.
† 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; and 1937, Nos. 6, 59, 89 and 106.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2149—8/21.4.1938.—Price 3d.
Overview
The Naval Defence Act 1910-1934 was enacted to provide for the defence of the Commonwealth of Australia by sea and to establish the Naval Defence Force, which later became known as the Royal Australian Navy. This legislation was introduced to address the need for a robust naval defence capability to protect Australia's maritime interests and sovereignty. The Act was enacted by the Parliament of Australia and aimed to provide a structured and organised framework for the establishment and operation of the Navy. The policy objective of the Act was to ensure the nation's security by developing a capable and efficient naval force that could respond to both domestic and international threats. In 1938, regulations were introduced under the Act to amend the Naval Reserve Regulations, allowing for the provision of additional training for members of the Naval Reserve, with the aim of enhancing their qualifications and readiness for service.
Scope and Application
The Statutory Rules 1938 No. 44, made under the Naval Defence Act 1910-1934, address the amendment of the Naval Reserve Regulations, specifically concerning extra training for members of the Naval Reserve. The regulations apply to members of the Naval Reserve, excluding Commanders, who volunteer for additional training beyond their obligatory duties. This training is intended to facilitate confirmation or promotion in rank, advancement in rating, or re-qualification for a non-substantive rating. The Act permits up to thirteen days of additional training per year, with the possibility for the Naval Board to approve up to twenty-one days in special circumstances. These regulations extend across the Commonwealth of Australia, as they are part of federal legislation governing the naval defence force. The application of these regulations is further defined and potentially extended through subordinate instruments, which may include additional rules or guidelines to clarify and implement the provisions set out in the primary Act.
Key Provisions
The main operative sections of these Regulations (Regulation 73) pertain to the additional training that members of the Naval Reserve may undertake, beyond their obligatory training. According to Regulation 73(1), members who volunteer for additional drills may, with the Director’s approval, undergo extra training or courses afloat or ashore. This training is meant to qualify members for confirmation or promotion in rank, advancement in rating, or re-qualification for a non-substantive rating. The regulation specifies that such additional training should not exceed thirteen days in any training year, excluding travel time. Regulation 73(2) allows the Naval Board to approve additional training exceeding thirteen days but not surpassing twenty-one days, in special circumstances, for members qualifying or re-qualifying for a non-substantive rating.
These Regulations impose several obligations on the members of the Naval Reserve and the authorities involved. Members who wish to undertake additional training must volunteer for this purpose and obtain approval from the Director. The Naval Board holds the authority to approve additional training that exceeds the prescribed thirteen days, subject to special circumstances. The Director's approval is necessary for any member's participation in extra training, ensuring that all additional training aligns with the members' career development goals within the Naval Reserve.
Breaching these Regulations can lead to various consequences, although specific offences and penalties are not detailed in the provided text. Typically, non-compliance with the approval processes for additional training could result in disciplinary action against the member or the Director, depending on the circumstances. While the exact penalties are not specified, breaches of regulations under the Naval Defence Act 1910-1934 could potentially lead to administrative or legal repercussions, impacting the member’s standing and career within the Naval Reserve.