Naval Reserve Regulations (Amendment)

Legislation au C1934L00161 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 161.

 

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 nineteenth day of December, 1934.

(Sgd.) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendment of Naval Reserve Regulations.†

Age on first appointment.

1. Regulation 14, sub-regulation (1.) is amended by omitting all after “Commander”.

Cadets.

2. Regulation 33 is amended by omitting the words “Senior Naval”.

Promotion to Commander.

3. Regulation 46 is repealed and the following regulation is inserted in its stead:—

“46. Promotion to Commander will be for exceptionally meritorious service.”

Promotion to Captain.

4. Regulation 47 is repealed.

Promotion to higher ranks—Engineer Branch.

5. Regulation 49 is amended by omitting the words “Engineer-Lieutenant Commander to Engineer Commander and Engineer Commander to Engineer Captain.”

Special Branch—Promotion.

6. Regulation 50 is amended by inserting at the end thereof the following words:—

“provided that no such officer shall be promoted to a rank higher than Engineer-Lieutenant-Commander.”

Promotion to higher ranks—Paymaster Branch.

7. Regulation 53 is amended by omitting the words “and from Paymaster Lieutenant-Commander to Paymaster Commander”

_______________________________________________________________________

* Notified in the Commonwealth Gazette on 1934.

† 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; and 1934, Nos. 19, 103 and 129.

5094.—9/3.12.1934.—Price 3d.

Promotion to higher ranks—Medical Branch.

8. Regulation 55 is repealed.

Accelerated promotion.

9. Regulation 56 is amended—

(a) by omitting the words “Notwithstanding anything to the contrary contained in these Regulations”; and

(b) by inserting at the end the following words:—

“to any rank of his Branch hereinbefore mentioned although he does not hold the qualifications prescribed therein.”

Ages for retirement.

10. Regulation 62 is amended by omitting from the scale the following:—

“Captain...................................55”

Retired ranks.

11. Regulation 64, sub-regulation (2.) is amended by omitting the following words:—

“Captain”;

“Commander”;

“Engineer Captain”;

“Engineer Commander’;

“Surgeon Captain”;

“Paymaster Captain”; and

“Paymaster Commander”;

Qualifications for retired ranks.

12. Regulation 65, sub-regulation (1.) is amended—

(a) by omitting clause (a);

(b) by omitting sub-clauses (ii) (iii) and (iv) from clause (b);

(c) by omitting from clause (f) the words “Engineer Captain, Engineer Commander.”

(d) by omitting from clause (g) the words “Surgeon Captain”; and

(e) by omitting from clause (h) the words “Paymaster Captain, Paymaster Commander”.

Officers and men—Obligatory training.

13. Regulation 69, sub-regulation (1.) is amended by inserting, after the word “except” in the second line, the word “Commanders,”.

Extra training.

14. Regulation 73 is amended by inserting, after the word “Member” the words, “,except a Commander,”.

Special Qualifying courses.

15. Regulation 74 is amended by inserting after the word “member” in the first line, the words “,except a Commander,”.

Medical attendance and treatment.

16. Regulation 96, sub-regulation (1.) is amended by omitting the words “Senior Naval.”

Rates of pay.

17. Regulation 137, sub-regulation (1.) is amended by omitting from the scale the word and figures—

“Captain................................2 5 0.”


Cost of travelling to and from drills.

18. Regulation 146, sub-regulation (1.), is amended—

(a) by inserting, after the word “Depot” in paragraph (a) the words “or other place of an approved parade.”

(b) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) Land Transport—When a member has necessarily to travel any distance exceeding two miles to reach the Naval Reserve Depot or other place of an approved parade, the cost of transport by the most economical means of public conveyance for attendance at drills and continuous training may, with the approval of the Director, be allowed.”

 

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

Overview

The Naval Defence Act 1910-1934 was enacted by the Australian Federal Parliament to establish and regulate the Royal Australian Navy, ensuring the nation's maritime security and defence. The act aimed to provide a framework for the governance and administration of naval forces, addressing the need for a structured approach to naval defence. The Naval Defence (Naval Reserve) Regulations 1934 were subsequently introduced under this act, aiming to further refine and detail the operational and administrative aspects of the Naval Reserve. These regulations focus on aspects such as the amendment of existing rules regarding age limits, promotion criteria, retirement ages, and training requirements, ensuring the Naval Reserve remains an effective and responsive component of Australia's defence capabilities. The policy objective of these regulations is to enhance the efficiency and effectiveness of the Naval Reserve by updating and clarifying various procedural aspects.

Scope and Application

The Naval Defence Act 1910-1934 Regulations, as amended in 1934, apply to the personnel of the Naval Reserve, encompassing officers and cadets within various branches, including but not limited to the Engineer, Paymaster, and Medical branches. The regulations govern aspects such as the age of appointment, promotion criteria, mandatory training requirements, and retirement ages for officers within these branches. The regulations are applicable across the Commonwealth of Australia, reflecting the federal scope of the Naval Defence Act. Notably, these regulations do not specify explicit exclusions or thresholds but rather provide detailed provisions for various conditions under which promotions and other career milestones may be achieved. The regulations are further extended and modified through subordinate instruments, which are essential for adapting the rules to the evolving needs of the Naval Reserve and ensuring compliance with the overarching legislative intent of the Naval Defence Act.

Key Provisions

The main operative sections of these regulations, established under the Naval Defence Act 1910-1934, include amendments to various regulations pertaining to appointments, promotions, retirements, training, and pay within the Naval Reserve. For example, Regulation 14 (1.) has been amended to omit any reference after "Commander", thereby altering the age requirements for initial appointments (section 1). Additionally, Regulation 46 now specifies that promotion to Commander is reserved for exceptionally meritorious service (section 3). Promotion to Captain is no longer governed by Regulation 47, which has been repealed (section 4). Promotion to higher ranks within the Engineer Branch is modified by omitting certain ranks from the progression pathway (section 5). The Special Branch officers are restricted from promotion to a rank higher than Engineer-Lieutenant-Commander (section 6). Furthermore, Regulation 62 has been amended to remove the retirement age for Captains (section 10). These regulations impose specific obligations on the parties and entities they govern. For instance, the amended Regulation 14 (1.) necessitates that age requirements for initial appointments now exclude any reference to "Commander". Regulation 46 mandates that promotions to Commander be based solely on exceptionally meritorious service. Regulation 50 limits Special Branch officers to a maximum rank of Engineer-Lieutenant-Commander. Additionally, Regulation 62's amendment removes the retirement age for Captains, altering the career progression and retirement policies within the Naval Reserve. Any breaches of these regulations may result in significant civil or criminal consequences. While the specific penalties are not detailed in the regulations, breaches of regulations under the Naval Defence Act 1910-1934 generally attract penalties under the relevant Commonwealth legislation. These penalties could range from fines to imprisonment, depending on the severity and nature of the breach. The maximum penalties would be determined by the courts in the context of each specific case, taking into account the relevant provisions of the Naval Defence Act and other applicable laws.

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