Naval Reserve Regulations (Amendment)

Legislation au C1969L00125 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 125

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the fallowing Regulations under the Naval Defence Act 1910-1968.

Dated this fifteenth day of August, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

C. R. KELLY

Minister of State for the Navy,

 

Amendments of the Naval Reserve Regulations†

Heading to section I.

1. The heading to Section I. of Part I. of the Naval Reserve Regulations is repealed.

Parts

2. Regulation 3 of the Naval Reserve Regulations is amended—

(a) by omitting the words—

“Section I.—Preliminary.

Section II.—Definitions.”; and

(b) by omitting the words—

“Section II.—Extra Training and Service.”.

Heading to section II.

3. The heading to Section II. of Part I. of the Naval Reserve Regulations is repealed.

4. After regulation 4 of the Naval Reserve Regulations the following regulation is inserted in Part I. of those Regulations:—

Delegations.

“4a.—(1.) The Naval Board may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of its powers and functions under these Regulations, except this power of delegation.

“(2.) A power or function delegated by the Naval Board under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

“(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Naval Board.”.

 

* Notified in the Commonwealth Gazette on 1969.

† 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; 1946, No. 55; 1950, No. 3; 1953, No. 17; and 1965, No. 164.

18577/68—Price 5c 10/24.7.1969


5. Sections I. and II. of Part VII. of the Naval Reserve Regulations are repealed and the following section is inserted in their stead:—

“Section I.–Obligatory Training.

Obligatory training.

“69.—(1.) Subject to the succeeding sub-regulations of this regulation, for the purposes of sub-section (1.) of section 32a of the Naval Defence Act 1910-1968—

(a) the period of naval service that a member, being a Medical Officer or a Dental Officer, is bound to render in a training year is a period of thirteen days; and

(b) the periods of naval service that a member, other than a Medical Officer, a Dental Officer or a cadet, is bound to render in a training year are—

(i) in the case of an officer holding the rank of captain or commander—such periods amounting in the aggregate to not less than thirteen days or more than twenty-eight days as the Naval Board determines; and

(ii) in any other case—periods amounting in the aggregate to twenty-eight days.

“(2.) Where a member, other than a cadet, is appointed to or enrolled in the Royal Australian Naval Reserve after the first day of a training year, the period of naval service that that member is bound to render for the purposes of sub-section (1.) of section 32a of the Naval Defence Act 1910-1968 in respect of the balance of that training year is such period as the Naval Board, subject to sub-regulation (4.) of this regulation, determines.

“(3.) Where in a training year a member, other than a cadet, will attain the age of his compulsory retirement or complete the period for which he has enlisted or re-engaged on a day that is not the last day of that training year, the period of naval service that that member is bound to render for the purposes of sub-section (1.) of section 32a of the Naval Defence Act 1910-1968 in respect of the part of the training year prior to his attaining that age or completing that period is such period as the Naval Board, subject to the next succeeding sub-regulation, determines.

“(4.) A period of service determined by the Naval Board in respect of a member under sub-regulation (2.) or (3.) of this regulation shall not exceed, in the case of a Medical Officer or a Dental Officer, thirteen days or, in the case of any other member, twenty-eight days.

“(5.) In this regulation, ‘training year’, in relation to a member, means a period of twelve consecutive months commencing on a first day of July.”.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Naval Defence Act 1910-1968 was enacted to provide for the defence of the Australian coastline and territorial waters by the establishment and maintenance of a naval force. The Act aimed to address the need for a structured naval defence system and authorised the creation of the Royal Australian Navy and the Naval Reserve. The 1969 Statutory Rules, specifically No. 125, introduced regulations under this Act, overseen by the Governor-General in consultation with the Federal Executive Council. These regulations were designed to streamline the administration and operational efficiency of the Naval Reserve, focusing on delegating powers to the Naval Board and setting specific obligatory training periods for various ranks within the reserve. The policy objective behind these regulations was to ensure that the Naval Reserve could be effectively managed and mobilised to meet Australia's naval defence requirements.

Scope and Application

The Statutory Rules 1969 No. 125 made under the Naval Defence Act 1910-1968 pertains to the Naval Reserve Regulations, specifically amending and repealing certain sections of the Naval Reserve Regulations. These Regulations apply to the members of the Royal Australian Naval Reserve, including Medical Officers, Dental Officers, and other officers, as well as cadets. The geographic reach of these Regulations is national, as they apply throughout the Commonwealth of Australia. The Regulations set forth the obligatory training periods for members of the Naval Reserve, with specific durations depending on the rank and role of the member. Notably, the Regulations allow the Naval Board to determine certain training periods and delegate its powers under these Regulations to other persons, subject to the terms of the delegation instrument. Exclusions or exemptions from these Regulations are not explicitly stated in the text, but the scope of application can be further defined through subordinate instruments or administrative decisions made by the Naval Board.

Key Provisions

The key provisions of the Naval Defence Act 1910-1968 Regulations 1969, specifically those concerning the Naval Reserve, outline several crucial requirements and permissions. Section 4a allows the Naval Board to delegate its powers and functions under these regulations to an individual, either generally or as specified in the delegation instrument (4a(1)). This delegation is exercisable in accordance with the terms of the instrument and is revocable at any time, without preventing the Naval Board from exercising its powers or functions directly (4a(2)-(3)). Additionally, Section 69 details the obligatory training periods for different categories of Naval Reserve members. Medical Officers and Dental Officers are required to render thirteen days of service in a training year (69(1)(a)), while other members must serve between thirteen and twenty-eight days, as determined by the Naval Board (69(1)(b)). For officers of the rank of captain or commander, the Naval Board sets the exact period within this range (69(1)(b)(i)). The Naval Board also determines the training period for members who join or re-enroll mid-year or who will reach compulsory retirement age or complete their enlistment period mid-year, provided it does not exceed the specified limits (69(2)-(4)). The Act imposes specific obligations on the Naval Board and members of the Naval Reserve. The Naval Board must determine the exact training periods for certain members, ensuring they fall within the permissible limits. They are also responsible for issuing instruments of delegation under Section 4a, specifying the scope and terms of any delegated powers or functions. Members of the Naval Reserve are obligated to complete the training periods as determined by the Naval Board, which vary based on their role and circumstances of service. This includes Medical Officers, Dental Officers, officers of the rank of captain or commander, and other members, each with their specific requirements outlined in Section 69. Breaches of the obligations and requirements set out in the Act may lead to various consequences. Although the specific offences and penalties are not detailed in the provided text, breaches of regulations governing the Naval Reserve could potentially lead to administrative actions, disciplinary measures, or other legal consequences as deemed appropriate by the Naval Board or relevant authorities. Given the context of military service and the importance of compliance with service obligations, serious breaches might also attract criminal charges under the broader Naval Defence Act 1910-1968, with penalties that could include fines or imprisonment, depending on the severity of the offence and the provisions of the Act.

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Area of Law
Defence & Security Law
Instrument
Regulation
Concepts
Delegation of Powers
Obligations & Requirements
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.