STATUTORY RULES.
1945. No. 126.
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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 sixteenth day of August, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
NORMAN J. O. MAKIN
Minister of State for the Navy.
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Amendments of the Naval Reserve (Sea-going) Regulations.†
Uniform allowance.
1. Regulation 39 of the Naval Reserve (Sea-going) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) In time of war an officer appointed in pursuance of these Regulations may, on appointment, be paid a uniform allowance at such rate as is approved by the Naval Board in lieu of the rate prescribed, according to rank, in sub-regulation (1.) of this regulation.”.
Commencement.
2. These Regulations shall be deemed to have come into operation on the first day of May, 1945.
* Notified in the Commonwealth Gazette on 20th August, 1945.—Fifth amendment.
† Statutory Rules 135, No. 58, as amended by Statutory Rules 1946, No. 122; 1942, Nos. 26 and 205; and 1943, No. 116.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4323.—Price 3d.
Overview
Statutory Rules 1945 No. 126, the Regulations under the Naval Defence Act 1910-1934, were enacted to amend the Naval Reserve (Sea-going) Regulations, specifically regarding the uniform allowance for officers appointed in wartime. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, with the aim of ensuring that officers appointed under these regulations are appropriately compensated during times of conflict. These amendments were designed to provide flexibility in the payment of uniform allowances, allowing the Naval Board to approve rates that are deemed suitable in the context of wartime exigencies. The regulations came into effect on the first day of May 1945, as officially notified in the Commonwealth Gazette on 20th August 1945.
Scope and Application
The Naval Defence Act 1910-1934 provides the legislative framework for the establishment and operation of the Royal Australian Navy and its reserves. The statutory rules and regulations, including the amendments detailed in Statutory Rules 1945, No. 126, apply to the officers and members of the Naval Reserve, particularly those engaged in sea-going duties. These regulations govern the terms of service, allowances, and other operational aspects of the Naval Reserve during both peacetime and wartime. The amendments, effective from May 1945, modify the uniform allowance for officers appointed in wartime, allowing for payments at rates approved by the Naval Board rather than those prescribed according to rank. The regulations are applicable across the Commonwealth of Australia and are enforced by the Naval Board, with the authority vested in the Governor-General and the Federal Executive Council. There are no specific exclusions or thresholds mentioned in the provided text, and the application of these regulations may be further extended or restricted through additional subordinate instruments.
Key Provisions
The main operative sections of these regulations involve amendments to the Naval Reserve (Sea-going) Regulations, specifically to Regulation 39 (subsection 1). The regulation now allows for an officer appointed under these provisions to be paid a uniform allowance in lieu of the rate prescribed according to rank. This adjustment is to be made in the event of war and is subject to approval by the Naval Board. The regulations came into effect on 1 May 1945.
The obligations and requirements imposed by these regulations primarily concern the payment of a uniform allowance to officers appointed under the Naval Reserve (Sea-going) Regulations during wartime. The allowance is to replace the standard rate prescribed for officers based on their rank. This adjustment requires the Naval Board to approve the rate of the uniform allowance, ensuring that it aligns with the circumstances and needs of the officers during wartime.
The regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implied that any deviation from the approved allowance or the conditions set by the Naval Board may result in administrative or disciplinary actions, as the regulations are designed to provide a structured and approved method of compensation for officers in wartime.