STATUTORY RULES.
1942. No. 180.
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 fourteenth
day of April , 1942.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Reserve Regulations.†
Long Service Decorations.
1. Regulation 160 of the Naval Reserve Regulations is amended—
(a) by omitting paragraphs (a) and (b) of sub-regulation (1.) and inserting in their stead the following paragraphs:—
“(a) All service over the age of seventeen years as Midshipman and all commissioned service in the Citizen Naval, Military or Air Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve and the Army Volunteer or Territorial Force of Great Britain;
(b) Half the time served as a rating in the Citizen Naval Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve or in the ranks of the Citizen Military or Air Forces and the Army Volunteer or Territorial Force of Great Britain; and”; and
(c) by omitting from paragraph (c) of that sub-regulation the word “Officers”, and inserting in its stead the word “Efficiency”.
Long Service Medal.
2. Regulation 161 of the Naval Reserve Regulations is amended by inserting in sub-regulation (2), after the words “awarded to”, the words “the Royal Naval Reserve,”.
* Notified in the Commonwealth Gazette on , 1942.— Thirty-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; and 1942, No. 94.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2103.—Price 3d. 1/19.3.1942.
Overview
Statutory Rules 1942 No. 180, made under the Naval Defence Act 1910-1934, was enacted by the Governor-General in Council to amend the Naval Reserve Regulations during the Second World War, addressing the need to align the recognition of service and eligibility for long service decorations and medals within the Australian Naval Reserve with service in the United Kingdom's naval and military reserves. This legislative instrument aimed to ensure consistency and fairness in the recognition of service between Australian and British forces, reflecting the collaborative efforts in the war. The regulations specifically modify the criteria for eligibility for long service medals, making service in the Citizen Naval Forces, the Royal Naval Reserve, and other specified British forces eligible for these awards. The policy objective is to formalise and standardise the recognition of service across allied naval reserves.
Scope and Application
The Naval Defence Act 1910-1934 governs the administration and regulation of naval defence in Australia, with these Regulations serving to amend and refine its application. Specifically, these Regulations are designed to modify the Naval Reserve Regulations, adjusting the eligibility criteria for long service decorations and medals within the Citizen Naval Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve, and other associated military and air forces of Great Britain. These amendments apply to individuals who have served in these capacities, thereby extending the reach of the Act to both Australian citizens and those affiliated with British military services. The Regulations have a national jurisdictional scope, impacting all personnel within the territories of the Commonwealth of Australia. The Regulations do not specify exclusions or thresholds, but they do clarify the conditions under which long service medals and decorations can be awarded, thus providing a clear framework for recognising service within these forces. The application of these Regulations may be further extended or specified through additional subordinate instruments, ensuring that the provisions remain relevant and comprehensive.
Key Provisions
The main operative sections of the regulations (Regulations 160 and 161) concern the amendment of existing provisions under the Naval Reserve Regulations. Regulation 160 revises the criteria for long service in the naval forces, specifying that it now includes service over the age of seventeen as a Midshipman and all commissioned service in the Citizen Naval, Military or Air Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve, and the Army Volunteer or Territorial Force of Great Britain. Additionally, it revises the calculation for half-time served as a rating in the Citizen Naval Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve, or in the ranks of the Citizen Military or Air Forces and the Army Volunteer or Territorial Force of Great Britain. Furthermore, it substitutes the word "Efficiency" for "Officers" in the existing sub-regulation. Regulation 161 amends the criteria for the award of the Long Service Medal by including service in the Royal Naval Reserve.
The obligations imposed by these regulations on parties, particularly those in the naval forces, involve adhering to the new criteria for long service and the award of the Long Service Medal as specified. Service members must ensure their service is in compliance with the revised regulations to be eligible for long service recognition and medals. This includes understanding the new definitions and calculations regarding their service periods and roles within the Citizen Naval Forces, the Royal Naval Reserve, the Royal Naval Volunteer Reserve, and the Army Volunteer or Territorial Force of Great Britain.
In terms of offences, penalties, or consequences for breach, the regulations themselves do not explicitly state penalties for non-compliance with the new service criteria or award conditions. However, under the overarching Naval Defence Act 1910-1934, breaches of regulations governing service and conduct could lead to disciplinary action, which may include fines, imprisonment, or other disciplinary measures as deemed appropriate by the authorities. The specific penalties would be determined in accordance with the general provisions of the Act and any applicable military law.