STATUTORY RULES.
1943. No. 202.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1934.*
I, THE DEPUTY OF 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 sixteenth day of August, 1943.
Deputy of the Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Reserve Regulations.†
Confirmation and promotion of officers in time of war.
1. Regulation 40a of the Naval Reserve Regulations is repealed and the following regulation inserted in its stead:—
“40a. Notwithstanding anything contained in these Regulations, any matter relating to the confirmation or promotion of officers of the Royal Australian Naval Reserve up to and including the rank of Lieutenant shall, in time of war, be dealt with as nearly as possible in accordance with the provisions governing the relative matter in force in the Royal Naval Volunteer Reserve.”.
Repeal.
2. Regulations 42a, 43a, 43b, 44a and 52a of the Naval Reserve Regulations are repealed.
* Notified in the Commonwealth Gazette on , 1943.—Thirty-eighth amendment.
† Statutory Rules 1931, No. 35. as amended by Statutory Rules 1931. Nos. 79 and 150; 1932, Nos. 65 and 116: 1938. 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; 1942, Nos. 94, 180, 203, 250 and 509; and 1943, No. 34.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4567.—Price 3d. 22/23.7.1943.
Overview
Statutory Rules 1943 No. 202, made under the authority of the Naval Defence Act 1910-1934, was enacted to amend the Naval Reserve Regulations. These regulations were designed to provide specific protocols for the confirmation and promotion of officers within the Royal Australian Naval Reserve, particularly during times of war. The regulations were introduced by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council. The policy objective was to align the processes governing the Royal Australian Naval Reserve more closely with those of the Royal Naval Volunteer Reserve, thereby ensuring a consistent approach to officer promotions and confirmations during wartime. This legislative instrument sought to address any gaps or discrepancies in the existing regulations that might have impacted the efficiency and effectiveness of naval operations during a conflict.
Scope and Application
The Statutory Rules 1943 No. 202, Regulations under the Naval Defence Act 1910-1934, apply to the officers of the Royal Australian Naval Reserve, specifically those up to and including the rank of Lieutenant, and their confirmation and promotion during wartime. The regulations are made under the authority of the Naval Defence Act 1910-1934, reflecting the Commonwealth’s legislative jurisdiction. The scope of these regulations includes the amendment of the Naval Reserve Regulations, particularly in relation to the procedures for confirming and promoting officers during wartime, aligning them with the practices in the Royal Naval Volunteer Reserve. These regulations are a subset of broader statutory instruments that have been amended over the years, as indicated by the numerous references to previous Statutory Rules. The current set of regulations repeals certain existing regulations and introduces new provisions to streamline the process during times of conflict.
Key Provisions
The main operative sections of the Statutory Rules 1943, No. 202, made under the Naval Defence Act 1910-1934, primarily address the amendment of Naval Reserve Regulations. Specifically, Regulation 40a (1) mandates that in times of war, the confirmation or promotion of officers in the Royal Australian Naval Reserve up to the rank of Lieutenant must align closely with the provisions governing similar matters in the Royal Naval Volunteer Reserve. This regulation replaces the previous Regulation 40a and ensures that wartime procedures for officer promotions are standardised across the two reserves. Furthermore, the regulations explicitly repeal several other regulations, namely 42a, 43a, 43b, 44a, and 52a (2).
The Act imposes certain obligations and requirements on the parties involved, particularly the officers within the Royal Australian Naval Reserve. These officers must adhere to the wartime confirmation and promotion procedures as outlined in Regulation 40a. The requirement to align with the Royal Naval Volunteer Reserve’s protocols ensures consistency and fairness in the promotion process during wartime. The repeal of specific regulations likely aims to streamline and update the legal framework governing the Naval Reserve, potentially removing outdated or redundant provisions.
Breaches of these regulations may not be explicitly detailed in the provided text, but generally, non-compliance with statutory rules can lead to various consequences. In the context of military regulations, failure to adhere to the prescribed procedures could result in disciplinary actions against the officers involved. Such actions might include reprimands, demotions, or other administrative penalties. While the exact penalties are not specified in the excerpt, it is reasonable to infer that serious breaches could also lead to formal charges under military law, potentially resulting in court-martial and severe sanctions.
It is important to note that while the text does not specify maximum penalties, violations of military regulations can often result in significant consequences given the critical nature of naval defence operations. The precise penalties would typically be outlined in the broader Naval Defence Act or other related military legislation.