STATUTORY RULES.
1930. No. 152.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Naval Defence Act 1910-1918, to come into operation forthwith.
Dated this sixteenth day of December, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
A. E. GREEN
Minister of State for Defence.
Amendment of Naval Reserve (Sea-going) Regulations.
(Statutory Rules 1926, No. 207, as amended to this date.)
(Fifth Amendment.)
1. Regulation 42 is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—
“(b) served at sea in command of a large British ocean going vessel for at least three years, but discretion may be exercised as regards officers serving in large liners who have not been able to serve the full three years in command;”
2. Regulation 99 is amended by omitting sub-regulations (l), (3) and (5), and inserting in their stead the following sub-regulations:—
“(1) An officer who was entitled to training fees prior to the 1st January, 1927, may continue to be paid such fees in advance, provided that the rate of training fee remains unchanged, and training has been performed to cover the year in respect of which payment is claimed. On an officer becoming entitled to a higher rate of training fee, payment shall then be made in arrear.”
“(3) For each subsequent calendar year an officer shall be paid training fees, provided he has performed training to cover that year.”
“(5) In cases where the Naval Board is satisfied, that, owing to active employment in his profession, or to long service abroad, an officer has been unable to put in his training with regularity he will, on completing the training due, within four years in the case of an officer whose training period is biennial, and within six years in the case of an officer whose training period is triennial, from the termination of the year in which he last performed training, be allowed to draw his training fees due to that date. If he fails to perform his training within such period, all training fees for that period, not already earned, shall be forfeited, and he will, if he eventually performs training, become entitled to draw his fee for the then current calendar year.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Naval Defence Act 1910-1918, enacted by the Commonwealth Parliament, was introduced to establish a framework for the naval defence of Australia. This Act allowed for the creation and regulation of the Royal Australian Navy, including its reserves and training provisions. The 1930 Regulations under this Act aim to amend the Naval Reserve (Sea-going) Regulations, specifically updating the criteria for command experience and adjusting the payment of training fees for officers. The policy objective is to ensure that the Naval Reserve maintains a sufficiently skilled and experienced force while providing flexibility for officers who face professional or overseas service constraints in fulfilling their training requirements.
Scope and Application
The Naval Defence Act 1910-1918, as amended by Statutory Rules 1930, No. 152, governs the qualifications and payment of training fees for officers in the Naval Reserve, particularly those serving at sea. These Regulations apply to officers who have served at sea in command of large British ocean-going vessels, with specific discretion noted for officers in large liners who may not have served the full three years in command. The amendments to the Naval Reserve (Sea-going) Regulations focus on the conditions under which training fees may be paid, either in advance or arrears, depending on an officer's entitlement and the regularity of their training performance. The application of these Regulations is nationwide, as they are issued under the authority of the Commonwealth of Australia, and they do not specify any exclusions or exemptions beyond the criteria outlined in the amendments. The Regulations extend their application through subordinate instruments, such as the Naval Reserve (Sea-going) Regulations, which are subject to further amendments as necessary.
Key Provisions
The Regulations under the Naval Defence Act 1910-1918 (C1930L00152) amend the Naval Reserve (Sea-going) Regulations, impacting the criteria for officers serving in the naval reserve and their training fee arrangements. Regulation 42 is modified to specify that an officer must have served at sea in command of a large British ocean-going vessel for at least three years, with some discretion for officers in large liners who have not served the full three years in command (Reg. 42(b)). Regulation 99 undergoes significant changes, stipulating that officers previously entitled to training fees before 1 January 1927 may continue to receive these fees in advance, provided the training fee rate remains unchanged and training has been performed for the year in question (Reg. 99(1)). Officers will then be paid in arrears once they qualify for a higher rate of training fee. Training fees will be paid for each subsequent year, contingent on the officer having performed the required training (Reg. 99(3)). Furthermore, if an officer has been unable to complete their training due to active employment or long service abroad, they will be allowed to draw their due training fees within four years if their training period is biennial, or six years if triennial, from the end of the year in which they last performed training. Failure to complete training within this period results in the forfeiture of any unearned training fees, with future entitlement limited to the current year’s fee if training is eventually performed (Reg. 99(5)).
The Regulations impose specific obligations on officers within the naval reserve. They must ensure their command experience aligns with the updated criteria, particularly serving at sea in command of large ocean-going vessels for the requisite duration. Officers who were entitled to training fees prior to 1 January 1927 must maintain their training commitments to continue receiving fees in advance, but will switch to arrears once they qualify for a higher rate. For those with training interruptions due to professional duties or overseas service, they must complete their training within the stipulated time frames to avoid forfeiting unearned fees. The Regulations also mandate that officers must perform the necessary training for each subsequent year to be eligible for training fees.
Failure to comply with the provisions of the Regulations can result in significant consequences. Officers who do not meet the service requirements in Regulation 42 may not qualify for the naval reserve. Non-compliance with the training and fee payment provisions in Regulation 99 can lead to the forfeiture of training fees. Officers who fail to complete their training within the specified periods (four years for biennial and six years for triennial training) will lose any unearned fees, and future fee entitlement will be limited to the current year. While the Regulations do not explicitly state maximum penalties, breaches of such regulations could result in disciplinary actions or other consequences under the Naval Defence Act 1910-1918 or related legislation.