STATUTORY RULES.
1946. No. 55.
REGULATION 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 Regulation under the Naval Defence Act 1910-1934.
Dated this twentieth day of March, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
NORMAN J. O. MAKIN
Minister of State for the Navy.
_________
Amendment of the Naval Reserve Regulations.†
Pay and allowances when called out by Proclamation.
Regulation 148 of the Naval Reserve Regulations is amended by adding at the end thereof the following proviso:—
“Provided that the daily rates of active and deferred pay and the conditions of payment, prescribed by the Naval Financial Regulations for an Executive Officer of corresponding rank in the Permanent Naval Forces (Sea-going) promoted from Midshipman, shall apply in relation to an officer promoted from Commissioned Officer from Warrant Rank, but—
(a) the officer shall not be paid at rates less than the rates payable to a Lieutenant after six years; and
(b) where his total emoluments, including rate of deferred pay credited, plus the difference of mess subscription as a Commissioned Officer from Warrant Rank, on the day immediately preceding the date of his promotion, exceeded the amount to which he would be entitled in the rank or relative rank of Lieutenant as prescribed by this regulation, the officer may, on the approval of the Naval Board, be paid a special rate of pay, his case being dealt with in accordance with the conditions governing similar cases in the Permanent Naval Forces (Sea-going).”.
* Notified in the Commonwealth Gazette on 21st March, 1946.—Forty-first amendment.
† Statutory Rules 1931, No. 35, as amended by Statutory Rules 1931, Nos. 79 and 159; 1932, Nos. 65 and 116; 1933, Nos. 6 and 97; 1934, Nos. 15, 103, 129 and 191; 1935, Nos. 35, 55, and 87; 1936, Nos. 9 and 146; 1937, Nos. 9, 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 500; 1943, Nos. 34, 202 and 311; and 1944, No. 144.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
362.—Price 3d.
488 DEFENCE (NAVAL)-
(ii) All of his service from the date of his selection for promotion to the actual date of his promotion to the rank or relative rank of Lieutenant.
" (1c.) An officer of the class specified in sub-regulation (1A.) of this regulation whose total emoluments, including rate of deferred pay credited, as a Warrant Officer or Commissioned Officer from Warrant Rank on the date immediately preceding his promotion, exceeded the amount to which he would be entitled in the rank or relative rank of Lieutenant, may, on the approval of the Naval Board, be paid a special rate of pay at the same rate and under the same conditions as would be applicable in similar circumstances in the Royal Navy.".
2. Regulation 41A of the Naval Financial Regulations is amended by omitting from sub-regulation (5.) the definition of "child" and inserting in its stead the following definitions :—
“ ‘adopted child' includes any child in respect of whom no deed of adoption has been executed by the member but who, the Naval Board is satisfied, is treated in all respects as his legally adopted child ;
‘child’ means, in relation to any member, his son, his daughter, his step-son, his step-daughter, any ex-nuptial child of which he is the father or his adopted child, who is wholly or partly maintained by him and is—
(a) under the age of sixteen years ; or
(b) under the age of eighteen years and receiving full-time education at a school or university;".
3. Payment in accordance with regulation 45 of the Naval Financial Regulations, as amended by paragraph (e) of regulation 1 of Statutory Rules 1945, No. 172, may be made in respect of any case to which that regulation, as so amended, applies which has occurred during the period on and from the twenty-fifth day of August, 1945, to the date of commencement of regulation 1 of Statutory Rules 1945, No. 172.