Naval Reserve Regulations 1931 (Amendment)

Legislation au C1940L00255 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 255.

––––––

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 twentieth day of November, 1940.

Governor-General.

By His Excellency’s Command

Minister of State for the Navy.

 

Amendments of the Naval Reserve Regulations.†

Provisional confirmation in rank in time of war.

1. After regulation 40 of the Naval Reserve Regulations the following regulation is inserted:—

“40a. Notwithstanding anything contained in regulation 40 of these Regulations, an officer who is appointed on probation or appointed provisionally may, in time of war, be provisionally confirmed in rank, if he has been recommended by his Commanding Officer, and has—

(a) in the case of a Midshipman or Paymaster Midshipman—completed three months’ mobilized service;

(b) in the case of an Acting Sub-Lieutenant—completed a minimum of 105 days’ training or mobilized service, or 105 days in the aggregate training and mobilized service;

(c) in the case of a Sub-Lieutenant—completed three months’ training or mobilized service as Probationary Sub-Lieutenant, or three months in the aggregate training and mobilized service as Probationary Sub-Lieutenant;

(d) in the case of a Paymaster Sub-Lieutenant—completed three months’ training or mobilized service, or three months in the aggregate training and mobilized service; and

(e) in the case of a Paymaster Lieutenant—completed three months’ training or mobilized service, or three months in the aggregate training and mobilized service.”.

 

*Notified in the Commonwealth Gazette on , 1940. Twenty-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; and 1940, Nos. 11 and 81.

6569.—6/7.11.1940—Price 3d.


2. After regulation 42 of the Naval Reserve Regulations the following regulation is inserted:—

Promotion to Acting Sub-Lieutenant in time of war.

“42a. Notwithstanding anything contained in regulation 42 of these Regulations, a Midshipman may, in time of war, be provisionally promoted to the rank of Acting Sub-Lieutenant, if he has attained the age of twenty years and is recommended by his Commanding Officer.”.

3. After regulation 43 of the Naval Reserve Regulations the following regulations are inserted:—

Promotion to Sub-Lieutenant in time of war.

“43a. Notwithstanding anything contained in regulation 43 of these Regulations, an Acting Sub-Lieutenant may, in time of war, be provisionally promoted to the rank of Sub-Lieutenant, if he has attained the age of twenty-one years and is recommended by his Commanding Officer.”.

Promotion to Acting Lieutenant in time of war.

“43b.—(1.) A Sub-Lieutenant who by reason of the exigencies of the Service has not had an opportunity of qualifying for a Naval Watchkeeping Certificate may, in time of war, be provisionally promoted to the rank of Acting Lieutenant—

(a) if he has attained the age of twenty-five years, has performed a minimum of one year’s mobilized service or Naval training, or a minimum in the aggregate of one year’s mobilized service and Naval training while holding the rank of Acting or Probationary Sub-Lieutenant or a higher rank, and is recommended by his Commanding Officer; or

(b) if he has attained two years and six months’ seniority as Acting Sub-Lieutenant, has performed a minimum of one year’s mobilized service or Naval training or a minimum in the aggregate of one year’s mobilized service and Naval training while holding the rank of Acting or Probationary Sub-Lieutenant or a higher rank, and is recommended by his Commanding Officer.

(2.) In reckoning an officer’s seniority as Acting Sub-Lieutenant for the purposes of paragraph (b) of the last preceding sub-regulation, regard shall not be had to any service in that rank prior to his attaining the age of twenty years.”.

4. After regulation 44 of the Naval Reserve Regulations the following regulation is inserted:—

Promotion to Lieutenant in time of war.

“44a.—(1.) Notwithstanding anything contained in regulation 44 of these Regulations, a Sub-Lieutenant may, in time of war, be provisionally promoted to the rank of Lieutenant—

(a) if he has attained the age of twenty-five years, has performed a minimum of one year’s mobilized service or Naval training, or a minimum in the aggregate of one year’s mobilized service and Naval training while holding the rank of Acting or Probationary Sub-Lieutenant or a higher rank, holds a Naval Watchkeeping Certificate appropriate to the particular type of craft in which he is serving, and is recommended by his Commanding Officer;


(b) if he has attained two years and six months’ seniority as Acting Sub-Lieutenant, has performed a minimum of one years’ mobilized service or Naval training, or a minimum in the aggregate of one year’s mobilized service and Naval training while holding the rank of Acting or Probationary Sub-Lieutenant or a higher rank, holds a Naval Watch-keeping Certificate appropriate to the particular type of craft in which he is serving, and is recommended by his Commanding Officer; or

(c) if he has attained the age of thirty years, has satisfactorily completed a minimum of three months’ mobilized service and is recommended by his Commanding Officer.

(2.) In reckoning an officer’s seniority as Acting Sub-Lieutenant for the purposes of paragraph (b) of the last preceding sub-regulation, regard shall not be had to any service in that rank prior to his attaining the age of twenty years.”.

Promotion to Paymaster Lieutenant in time of war.

5. After regulation 52 of the Naval Reserve Regulations the following regulation is inserted:—

“52a. Notwithstanding anything contained in regulation 52 of these Regulations, a Paymaster Sub-Lieutenant may, in time of war, be provisionally promoted to the rank of Paymaster Lieutenant, if he has been recommended by his Commanding Officer and—

(a) has attained the age of twenty-five years and has performed one year’s mobilized service or continuous training, or one year’s mobilized service and continuous training in the aggregate; or

(b) has attained the age of thirty years and has performed three months’ mobilized service.”.

Commencement.

6. Regulations 1 to 5 (both inclusive) of these Regulations shall be deemed to have come into operation on the first day of September, 1940.

 

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

Overview

The Naval Defence Act 1910-1934 was enacted to address the need for a structured and regulated naval defence system in Australia. The Act provided the legal framework for the establishment and operation of the Royal Australian Navy, and it was necessary to provide detailed regulations to ensure the smooth functioning of the naval reserve, particularly in times of conflict. The Statutory Rules 1940, No. 255, under the Naval Defence Act 1910-1934, were introduced to amend the existing Naval Reserve Regulations, aiming to streamline the process of confirming ranks and promoting officers within the naval reserve during wartime. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations were designed to provide flexibility and efficiency in responding to the exigencies of war, ensuring that the navy could be adequately staffed and led in critical situations.

Scope and Application

The Statutory Rules 1940, No. 255, made under the Naval Defence Act 1910-1934, amend the Naval Reserve Regulations primarily in response to the exigencies of war. These regulations apply to officers within the naval reserve, specifically addressing their confirmation in rank and promotions during wartime. The regulations provide special provisions for officers to be provisionally confirmed in rank or promoted to higher ranks under certain conditions, such as meeting specific age requirements, completing a minimum period of training or service, and receiving a recommendation from their Commanding Officer. The scope of these regulations is national, as they pertain to the Commonwealth of Australia and are intended to bolster the naval forces in times of war. Notably, these regulations introduce flexibility in the promotion and confirmation processes for naval officers, overriding certain provisions of the existing Naval Reserve Regulations to ensure an effective and responsive naval reserve system.

Key Provisions

The main operative sections of these Regulations, made under the Naval Defence Act 1910-1934, provide specific provisions for the provisional confirmation of rank and the provisional promotion of officers within the Naval Reserve during times of war (regs 40a, 42a, 43a, 43b, 44a, and 52a). These provisions allow for accelerated promotions and confirmations in rank based on certain conditions, such as age, service duration, and training completion, provided the officers are recommended by their Commanding Officer. The Regulations impose several obligations on the parties governed by them. Firstly, they require that officers meet specific criteria for provisional confirmation in rank or promotion, such as completing a specified period of service or training, reaching a certain age, and being recommended by their Commanding Officer (regs 40a, 42a, 43a, 43b, 44a, and 52a). Secondly, for those officers being considered for certain higher ranks, such as Sub-Lieutenant or Lieutenant, they must hold a Naval Watchkeeping Certificate appropriate to the type of craft in which they are serving (reg 44a(1)). Failure to comply with these Regulations may not directly result in specific offences, penalties, or civil or criminal consequences under these Regulations themselves. However, not adhering to the outlined criteria for provisional confirmation in rank or promotion could result in officers not being eligible for the specified accelerated ranks or confirmations. Additionally, the overarching legislation, the Naval Defence Act 1910-1934, may impose its own penalties or consequences for non-compliance with its provisions, though these are not detailed within the Regulations themselves.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Promotion to Rank
Age Requirements

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.