Naval Reserve (Sea-going) Regulations 1926 (Amendment)

Overview

The Statutory Rules 1936 No. 110, made under the Naval Defence Act 1910-1934, address the need to amend the Naval Reserve (Sea-going) Regulations concerning uniform allowances for officers in the Naval Reserve. Enacted by the Governor-General, with the advice of the Federal Executive Council, this legislative instrument aims to update the financial support system for officers joining or returning to the Naval Reserve. The policy objective is to ensure that officers are adequately compensated for their uniforms, while also establishing clear guidelines for reimbursement should officers leave the service before completing their required periods. The regulation specifies the uniform allowances based on rank and circumstances, such as previous service in other naval reserves, and outlines the conditions under which officers may need to refund these allowances if they leave the Naval Reserve prematurely.

Scope and Application

The Regulations under the Naval Defence Act 1910-1934, specifically the amendment to the Naval Reserve (Sea-going) Regulations, apply to officers within the Naval Reserve (Sea-going) who are required to be issued with a uniform as part of their service. This regulation applies to the Commonwealth of Australia and sets out the conditions under which a uniform allowance can be paid to officers, including the specific amounts based on rank and circumstances such as prior service or promotion. The regulation outlines the circumstances in which an officer may be required to refund the uniform allowance, such as resigning or being discharged before completing specified periods of service, but allows for discretion by the Naval Board to waive such refunds in cases of death or special circumstances. These regulations extend the application of the Naval Defence Act by providing detailed provisions on the uniform allowance for officers in the Naval Reserve (Sea-going).

Key Provisions

The main operative sections of this statutory instrument, Regulation 89, establish the Uniform Allowance for officers in the Naval Reserve (Sea-going) (section 89(1)). This allowance is based on the rank of the officer and is payable on their first appearance for training after appointment (section 89(1)). Additionally, section 89(2) specifies an additional allowance for officers promoted to or confirmed in the rank of Acting Sub-Lieutenant. Section 89(3) provides for a uniform allowance for officers granted a temporary commission. Section 89(4) addresses the uniform allowance for officers previously serving in other naval forces, detailing different conditions based on the elapsed time since their previous service. Section 89(5) further explains how the previous uniform allowance is calculated for those rejoining the Naval Reserve. Section 89(6) allows the Naval Board to request vouchers to support the payment of these allowances. Finally, section 89(7) outlines the requirements for officers who resign or are discharged before completing their specified service periods to refund the uniform allowance received. Under this Act, the Naval Reserve (Sea-going) officers are obligated to adhere to the specified conditions to be eligible for the uniform allowance. This includes being paid the allowance upon their first appearance for training after appointment and meeting the rank-based criteria as outlined in section 89(1). Officers promoted to or confirmed in the rank of Acting Sub-Lieutenant must also meet the additional allowance criteria stated in section 89(2). Temporary commissioned officers need to comply with the provisions in section 89(3). Officers with previous service in other naval forces must fulfill the conditions in section 89(4) and (5). Furthermore, if an officer resigns or is discharged before completing their service period, they must refund the uniform allowance as per section 89(7). The Naval Board may also request vouchers to support the payment of these allowances, as stated in section 89(6). The regulation imposes civil consequences for non-compliance with the refund requirements outlined in section 89(7). If an officer fails to complete the specified service periods and does not refund the uniform allowance as required, they are liable to repay the amount received. The specific amounts due depend on the rank and the duration of service, as detailed in sections 89(7)(a), (b), and (c). However, the Naval Board has the discretion to waive the refund in whole or in part if the failure to complete service is due to death or special circumstances such as ill-health not attributable to the officer’s own misconduct or imprudence (section 89(8)). Failure to comply with these refund obligations could result in financial penalties and potential legal action.