STATUTORY RULES.
1950. No. 3.
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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1948.*
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 1910-1948.
Dated this twenty-fourth day of January, 1950
W J. McKell
Governor-General.
By His Excellency’s Command
Minister of State for the Navy.
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Amendments of the Naval Reserve Regulations.†
Definitions.
1. Regulation 4 of the Naval Reserve Regulations is amended by adding at the end thereof the following definitions:—
“ ‘British Subject’ has the same meaning as in the Nationality and Citizenship Act 1948.
“ ‘Naturalized Person’ has the same meaning as in the Nationality and Citizenship Act 1948.”
Nationality.
2. Regulation 13 of the Naval Reserve Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “natural born or naturalized”; and
(b) by omitting from sub-regulation (2.) the words “British subject” and inserting in their stead the word “person”.
Unclaimed pay.
3. Regulation 135 of the Naval Reserve Regulations is repealed and the following regulation inserted in its stead:—
“135.—(1.) Pay due to a member and unclaimed shall be paid to the Commonwealth Public Account and credited to the pay vote.
“(2.) A record shall be kept showing details of the amounts so paid in respect of the member and of any subsequent payments to the member of the whole or any part of that pay.”.
* Notified in the Commonwealth Gazette on , 1949.—Forty-second 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; 1942, Nos. 94, 180, 203, 250 and 509; 1943, Nos. 34, 202 and 311; 1944, No. 144; and 1946, No. 55.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4260.—Price 3d. 10/21.9.1949.
Overview
Statutory Rules 1950 No. 3, made under the Naval Defence Act 1910-1948, aim to amend the Naval Reserve Regulations, addressing gaps in definitions and the handling of unclaimed pay for naval reservists. Enacted by the Governor-General in Council, these regulations were designed to streamline the processes concerning reservists' nationality and the management of their unclaimed pay. The policy objective is to ensure clarity and efficiency in administrative procedures related to the naval reserve, reflecting contemporary legal standards and practices as defined in the Nationality and Citizenship Act 1948.
Scope and Application
The Statutory Rules of 1950, No. 3, under the Naval Defence Act 1910-1948, pertains specifically to the regulation of the Naval Reserve in Australia, and applies to all individuals who are members of the Naval Reserve. The regulations are applicable across the Commonwealth and are designed to amend existing Naval Reserve Regulations. These regulations redefine certain terms such as 'British Subject' and 'Naturalized Person', aligning them with definitions provided in the Nationality and Citizenship Act 1948, and broaden the eligibility criteria for membership by omitting specific references to 'natural born or naturalized' and 'British subject'. Additionally, the regulations address the handling of unclaimed pay for members of the Naval Reserve, stipulating that such pay should be credited to the Commonwealth Public Account and outlining the record-keeping requirements for these transactions. Although the primary focus of these regulations is on the administrative and membership aspects of the Naval Reserve, they do not explicitly mention exclusions, exemptions, or thresholds, implying a broad application to all relevant personnel unless otherwise specified through subordinate instruments.
Key Provisions
The primary sections of this legislative instrument pertain to the amendment of the Naval Reserve Regulations. Specifically, Regulation 4 is amended by adding new definitions for "British Subject" and "Naturalized Person," which are aligned with the definitions provided in the Nationality and Citizenship Act 1948 (subsection 1). Regulation 13 is amended to omit the words "natural born or naturalized" from sub-regulation (1) and to replace the phrase "British subject" in sub-regulation (2) with the word "person" (subsection 2). Additionally, Regulation 135 is repealed and replaced with a new regulation that requires any pay due to a member that remains unclaimed to be paid into the Commonwealth Public Account and credited to the pay vote (subsection 3(1)). It also mandates that a record be kept detailing the amounts paid and any subsequent payments made to the member (subsection 3(2)).
Under this legislative instrument, the obligations imposed on parties governed by the Naval Reserve Regulations include the necessity to comply with the new definitions provided for "British Subject" and "Naturalized Person." Additionally, the regulations necessitate the amendment of specific sub-regulations to remove references to "natural born or naturalized" and "British subject." Moreover, the Act mandates that any unclaimed pay due to a member must be directed to the Commonwealth Public Account and credited to the pay vote, with detailed records maintained of these transactions.
Failure to comply with the provisions of this legislation may result in various consequences. While the specific offences, penalties, or civil and criminal consequences for breach are not explicitly stated in the text, it can be inferred that non-compliance with statutory requirements could lead to legal ramifications. These might include administrative penalties, financial liabilities, or other legal actions as prescribed by the relevant authorities under the Naval Defence Act 1910-1948. The exact nature and extent of these consequences would typically be outlined in more detail within the primary Act or in associated legislation.