STATUTORY RULES.
1943. No. 34.
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 tenth day of February, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Reserve Regulations.†
Long Service Decoration.
1. Regulation 160 of the Naval Reserve Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—
“(3a.) An officer who belonged to the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or the Citizen Naval Forces of the Commonwealth on the 2nd September, 1939, may be allowed to count mobilized time from that date to the date of demobilization as double in the case of officer’s or man’s time for the purpose of reckoning eligibility for this Decoration.”.
Long Service Medal.
2. Regulation 161 of the Naval Reserve Regulations is amended by omitting sub-regulation (4.) and inserting the following sub-regulation in its stead:—
“(4.) A man who belonged to the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or the Citizen Naval Forces of the Commonwealth on 4th August, 1914, or on 2nd September, 1939, may be allowed to count mobilized time from those dates to the date of dispersal in each case, as double for the purpose of reckoning eligibility for the medal.”.
* Notified in the Commonwealth Gazette on , 1943.—Thirty-seventh 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; 1941, Nos. 57, 81, 124, 217 and 238; and 1942, Nos. 94, 180, 203, 250 and 509.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943 No. 34, made under the Naval Defence Act 1910–1934, introduced amendments to the Naval Reserve Regulations to address the need to recognise the service of personnel mobilised during the Second World War. Enacted by the Governor-General in Council, these regulations aimed to adjust the eligibility criteria for the Long Service Decoration and Long Service Medal to account for the double counting of mobilised time for those who were part of the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or the Citizen Naval Forces of the Commonwealth on specific dates in 1914 and 1939. This policy objective was to ensure that the service of these personnel during the war was appropriately recognised and rewarded.
Scope and Application
The Naval Defence Act 1910–1934 and its accompanying regulations apply to individuals who are or have been members of the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or the Citizen Naval Forces of the Commonwealth, particularly those who were mobilised on or before 2 September 1939. The regulations address eligibility for the Long Service Decoration and Long Service Medal, providing a mechanism to count mobilised service time as double for the purposes of qualifying for these honours. These regulations are made under the authority of the Governor-General, acting with the advice of the Federal Executive Council, and are applicable on a national level across Australia. The scope of the Act extends to all individuals within the specified reserves and citizen forces, with no exclusions or exemptions explicitly mentioned in the provided text, although the regulations themselves may detail further criteria for eligibility. The application of the Act and its subordinate regulations is not restricted by geographic or jurisdictional boundaries within Australia.
Key Provisions
The main provisions of this Statutory Rule, made under the Naval Defence Act 1910–1934, concern the amendment of the Naval Reserve Regulations. Regulation 160 (sub-regulation 3a) and Regulation 161 (sub-regulation 4) are specifically amended to allow certain officers and men who were members of the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or the Citizen Naval Forces of the Commonwealth on specific dates—2nd September, 1939, for Regulation 160 and 4th August, 1914, for Regulation 161—to count their mobilized time from those dates to the date of demobilization or dispersal as double for the purpose of determining their eligibility for the Long Service Decoration or Long Service Medal.
These regulations impose obligations on eligible officers and men to apply for the Long Service Decoration or Long Service Medal, providing they meet the requisite service criteria as adjusted by the amendments. The regulations also place an administrative burden on the authorities responsible for managing and processing these applications, ensuring that they consider the double-counted mobilized time when assessing eligibility.
In terms of breaches and consequences, the Statutory Rules themselves do not explicitly state offences or penalties. However, any failure to comply with the amended regulations by either the applicant or the authorities could potentially lead to disputes over the validity of the service count, which might need to be resolved through internal Navy processes or potentially through legal recourse. Given that these regulations pertain to service recognitions, severe breaches might not result in criminal penalties but could lead to civil consequences such as the revocation of wrongly awarded decorations or medals.