STATUTORY RULES.
1938. No. 59.
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REGULATION 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 Twenty second
day of June , 1938.
Administrator.
By His Excellency’s Command,
Minister of State for Defence.
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Amendment of the Naval Reserve Regulations.†
Rates of Pay.
Regulation 137 of the Naval Reserve Regulations is amended by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—
“(6.) In addition to the rate of pay prescribed in sub-regulation (1.) of this regulation, a rating of the Communications Branch of or above the rating of Signalman or Telegraphist may be paid a Specialist Allowance, under conditions approved by the Naval Board, at the rate applicable to his rating or to the non-substantive rating held by him as specified in the following table:—
Rating or non-substantive rating. | Rate per annum £ |
Signalman.............................. | 1 |
Telegraphist............................. | 1 |
Trained Operator V/S....................... | 2 |
Trained Operator W/T...................... | 2 |
Visual Signalman, 3rd Class.................. | 3 |
Wireless Telegraphist, 3rd Class............... | 3 |
Visual Signalman, 2nd Class.................. | 4 |
Wireless Telegraphist, 2nd Class............... | 4” |
* Notified in Commonwealth Gazette on , 1938.—Twenty-first 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; and 1938, No. 44.
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By Authority: L F. Johnston, Commonwealth Government Printer. Canberra.
2976.—8/31.5.1938.—Price 3d.
Overview
The Statutory Rules 1938, No. 59, represents a regulation under the Naval Defence Act 1910-1934. This legislative instrument was enacted to amend the Naval Reserve Regulations, specifically regarding the rates of pay for certain ratings within the Communications Branch. Enacted by the Administrator of the Government of the Commonwealth of Australia, the regulation was made with the advice of the Federal Executive Council and was notified in the Commonwealth Gazette. The primary objective of this regulation was to adjust the Specialist Allowance rates for specific ratings, thereby ensuring that remuneration aligns with the skill and responsibilities associated with their roles.
Scope and Application
The Statutory Rules 1938, No. 59, made under the Naval Defence Act 1910-1934, specifically amends Regulation 137 of the Naval Reserve Regulations concerning rates of pay. This regulation applies to members of the Australian Naval Reserve, particularly those in the Communications Branch of or above the rating of Signalman or Telegraphist. The amendment alters the conditions for Specialist Allowances, setting forth a new table of rates per annum for various ratings, thereby directly impacting the remuneration of specified personnel within the Naval Reserve. The regulation is confined to the Commonwealth of Australia and extends its application through the subordinate instrument to those specifically mentioned in the amendment.
The amendment affects the compensation structure for certain ratings within the Australian Naval Reserve, providing a clear delineation of allowable Specialist Allowances based on specific qualifications and ranks. The regulation does not explicitly state any exclusions, but by its nature, it applies only to those who meet the specified criteria within the Naval Reserve. This legislative instrument ensures that remuneration practices within the Naval Reserve are updated and aligned with current conditions approved by the Naval Board.
Key Provisions
This Statutory Rule, numbered 1938 No. 59, amends Regulation 137 of the Naval Reserve Regulations under the Naval Defence Act 1910-1934. The primary amendment pertains to the rates of pay for ratings within the Communications Branch of the Naval Reserve, particularly those of Signalman or Telegraphist and above (Reg. 137(6)). The amendment replaces the previous sub-regulation (6) with a new set of conditions and rates for a Specialist Allowance payable to these ratings, subject to approval by the Naval Board. The rates are specified according to the rating or non-substantive rating held by the individual, ranging from £1 per annum for Signalmen and Telegraphists to £4 per annum for Visual Signalmen and Wireless Telegraphists of the second class (Reg. 137(6)).
The obligations imposed by this regulation are primarily on the Naval Board, which must approve the conditions under which the Specialist Allowance is paid, as well as on the eligible ratings who must meet the specified conditions to qualify for the allowance. The regulation requires that these allowances be paid in addition to the standard rates of pay prescribed in sub-regulation (1). The allowance rates are clearly outlined in a table annexed to sub-regulation (6), specifying the amount payable based on the individual's rank or non-substantive rating within the Communications Branch.
Failure to comply with the provisions of this regulation could potentially result in legal consequences for both the Naval Board and the ratings. Although the specific penalties for non-compliance are not detailed in the regulation itself, breaches of regulations under the Naval Defence Act 1910-1934 could attract penalties under the relevant legislative framework. These may include fines, imprisonment, or other civil or criminal penalties as prescribed by the overarching Act or any other applicable legislation. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Naval Defence Act and any related statutes.