Statutory Rules
1973 No. 107
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1971.
Dated this thirty-first day of May, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
R. BISHOP
Minister of State for Repatriation for and on behalf of the
Minister of State for the Navy.
Repeal of the Naval Reserve Regulations
Repeal.
The Naval Reserve Regulations (comprising Statutory Rules 1931, No. 35; Statutory Rules 1931, No. 79; Statutory Rules 1931, No. 150; Statutory Rules 1932, No. 65; Statutory Rules 1932, No. 116; Statutory Rules 1933, No. 6; Statutory Rules 1933, No. 97; Statutory Rules 1934, No. 19; Statutory Rules 1934, No. 103; Statutory Rules 1934, No. 129; Statutory Rules 1934, No. 161; Statutory Rules 1935, No. 35; Statutory Rules 1935, No. 55; Statutory Rules 1935, No. 87; Statutory Rules 1936, No. 9; Statutory Rules 1936, No. 146; Statutory Rules 1937, No. 6; Statutory Rules 1937, No. 59; Statutory Rules 1937, No. 89; Statutory Rules 1937, No. 106; Statutory Rules 1938, No. 44; Statutory Rules 1938, No. 59; Statutory Rules 1939, No. 29; Statutory Rules 1939, No. 116; Statutory Rules 1940, No. 11; Statutory Rules 1940, No. 81; Statutory Rules 1940, No. 255; Statutory Rules 1941, No. 57; Statutory Rules 1941, No. 81; Statutory Rules 1941, No. 124; Statutory Rules 1941, No. 217; Statutory Rules 1941, No. 238; Statutory Rules 1942, No. 94; Statutory Rules 1942, No. 180; Statutory Rules 1942, No. 203; Statutory Rules 1942, No. 250; Statutory Rules 1942, No. 509; Statutory Rules 1943, No. 34; Statutory Rules 1943, No. 202; Statutory Rules 1943, No. 311; Statutory Rules 1944, No. 144; Statutory Rules 1946, No. 55; Statutory Rules 1950, No. 3; Statutory Rules 1953, No. 17; Statutory Rules 1965, No. 164; Statutory Rules 1968, No. 89; Statutory Rules 1969, No. 125; Statutory Rules 1972, No. 124; and Statutory Rules 1972, No. 199) are repealed.
* Notified in the Commonwealth Gazette on 7 June 1973.
Overview
Statutory Rules 1973 No. 107, made under the Naval Defence Act 1910-1971, was enacted in 1973 to address the need for updated regulations governing the Naval Reserve. This legislative instrument was made by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council. The regulation repeals the existing Naval Reserve Regulations, which had been established through a series of previous statutory rules dating back to 1931. The policy objective behind this repeal was to streamline and modernise the regulatory framework for the Naval Reserve, ensuring that it aligns with contemporary requirements and standards.
Scope and Application
The Naval Defence Act 1910-1971 provides the legislative foundation for this regulation, which applies to the operations and management of the Naval Reserve within the Commonwealth of Australia. The regulation affects both individuals who are members of the Naval Reserve and the entities that oversee and administer the Naval Reserve. It pertains to the conduct and transactions associated with the reserve force, including enlistment, training, and the operational deployment of Naval Reserve personnel. The regulation's jurisdictional reach is national, as it applies to all Naval Reserve activities across the Commonwealth of Australia. Although the regulation aims to streamline and update the existing framework governing the Naval Reserve, it does not explicitly state any exclusions, exemptions, or thresholds within the provided text. However, it should be noted that the regulation repeals numerous prior regulations related to the Naval Reserve, suggesting a comprehensive overhaul intended to modernise and consolidate the existing legal framework.
Key Provisions
The key operative sections of these regulations include the repeal of the Naval Reserve Regulations (section 2). This repeal is extensive, covering a wide range of regulations enacted from 1931 to 1972, as listed in the instrument. These regulations previously governed various aspects of the Naval Reserve, such as enlistment, service conditions, and other administrative details. The repeal signifies a consolidation or revision of these rules under a new legislative framework, aiming for more streamlined governance.
Under these regulations, the primary obligation imposed on the parties governed by them is to adhere to the new legislative framework established by the repeal of the Naval Reserve Regulations. This means that any previous obligations or requirements outlined in the repealed regulations are no longer applicable, and parties must now comply with any new provisions that have been enacted or will be enacted to replace them. This shift ensures that the governance of the Naval Reserve is updated to reflect current needs and legal standards.
There are no specific offences, penalties, or civil/criminal consequences outlined within this particular legislative instrument for the breach of these regulations. However, it is important to note that the repealed regulations may have included specific penalties for non-compliance, which are no longer applicable. Instead, any breaches of the new regulations that replace these repealed rules would be subject to the penalties specified within those new regulations. The repealed regulations themselves, by virtue of their repeal, are no longer enforceable, but compliance with the new legislative provisions remains crucial to avoid any potential legal repercussions.