STATUTORY RULES.
1935. No. 59.
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 Nineteenth day of June, 1935.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Naval Reserve (Sea-going) Regulations.†
1. Regulation 3 of the Naval Reserve (Sea-going) Regulations is repealed, and the following regulation is inserted in its stead:—
“Parts.
3. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Rank and Command.
Part III.—Entry, Promotion and Training.
Part IV.—Retirement, Resignation and Discharge.
Part V.—Uniform and Decorations.
Part VI.—Pay and Allowances.
Part VII.—Annual Training Fees.”
Retired List.
2. Regulation 67 of the Naval Reserve (Sea-going) Regulations is amended by adding the following:—
“provided that an Officer who is appointed to or promoted on the Active List after 7th October, 1931, will not be eligible for promotion on the Retired List, but an officer who is not promoted on the Active List after 7th October, 1931, or who was on the Retired List at that date, may, subject to the foregoing conditions, receive one step in rank on the Retired List.”
* Notified in the Commonwealth Gazette on 1935.
† Statutory Rules 1926, No. 207, as amended by Statutory Rules, 1927, No. 97; 1928, No. 2; 1929, No. 6; 1930, Nos. 124 and 152; 1931, Nos. 81 and 139; 1932, No. 62; 1933, No. 112; and 1934, No. 160.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2058.—9/30.5.1935.—Price 3d.
Overview
The Naval Defence Act 1910-1934 was enacted to address the governance and regulation of the Australian Naval Reserve, particularly the sea-going component. The Act, introduced by the Federal Parliament, aimed to provide a legal framework for the organisation, management, and operation of the Naval Reserve, ensuring its effectiveness and efficiency in contributing to the nation's defence. The Statutory Rules 1935 No. 59, made under the authority of the Naval Defence Act, aim to amend the Naval Reserve (Sea-going) Regulations to refine and update the administrative structure, particularly concerning rank and command, entry, promotion, training, retirement, resignation, discharge, uniform, decorations, pay, allowances, and annual training fees. The policy objective is to ensure that the Naval Reserve operates smoothly and in accordance with the contemporary needs of the nation's defence strategy.
Scope and Application
The Naval Reserve (Sea-going) Regulations 1935, made under the Naval Defence Act 1910-1934, provide a comprehensive framework governing the operations and management of the naval reserve within Australia. These regulations apply to officers within the naval reserve, particularly those involved in sea-going activities, and encompass various aspects such as rank and command, entry, promotion, training, retirement, resignation, discharge, uniform, decorations, pay, allowances, and annual training fees. The application of these regulations is confined to the Commonwealth of Australia, ensuring a uniform approach to the management and administration of naval reserve personnel across the nation. While the primary focus is on the naval reserve, the regulations are specific and do not extend to other military branches or reserves. Notably, the regulations exclude officers appointed to or promoted on the Active List after October 7, 1931, from eligibility for promotion on the Retired List, though officers not promoted on the Active List after that date or already on the Retired List may receive one step in rank under certain conditions. The scope of these regulations is further extended or restricted through subordinate instruments as necessary.
Key Provisions
The key provisions of these Regulations under the Naval Defence Act 1910-1934 primarily revolve around the reorganisation of the Naval Reserve (Sea-going) Regulations, which are detailed in Regulation 1 and Regulation 2. Regulation 1 replaces Regulation 3 of the Naval Reserve (Sea-going) Regulations with a new structure that divides the Regulations into seven distinct parts: Preliminary (Part I), Rank and Command (Part II), Entry, Promotion and Training (Part III), Retirement, Resignation and Discharge (Part IV), Uniform and Decorations (Part V), Pay and Allowances (Part VI), and Annual Training Fees (Part VII). This restructuring aims to better organise and clarify the various aspects of naval reserve service, from initial entry and promotion to retirement and financial matters.
The Regulations impose specific obligations and requirements on officers within the naval reserve. For instance, Regulation 2 specifies that officers appointed to or promoted on the Active List after 7 October 1931 will not be eligible for promotion on the Retired List. Conversely, officers who were not promoted on the Active List after that date or were already on the Retired List at that time may still receive one step in rank on the Retired List, subject to other conditions. This provision aims to delineate the eligibility criteria for promotions within the Naval Reserve, ensuring that certain officers are not overlooked based on their status on a specific date.
Failure to comply with these Regulations could lead to significant consequences. Although the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated within the provided text, it is reasonable to infer that non-compliance could result in disciplinary action or other legal ramifications. The overarching purpose of these Regulations is to maintain the integrity and operational efficiency of the naval reserve, and any breaches could undermine these objectives. Therefore, adherence to these provisions is crucial for all involved parties.