STATUTORY RULES.
1931. No. 139.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1918.
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 1910-1918, to come into operation forthwith.
Dated this sixth day of November, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
Minister of State for Defence.
Amendment of Naval Reserve (Sea-going) Regulations.
(Statutory Rules 1926, No. 207, as amended to this date.)
(Seventh Amendment.)
1. Regulation 26, sub-regulation (1), is amended by omitting from paragraph (b) the figures “24”, twice occurring, and inserting in their stead the figures “26”.
2. Regulation 38 is amended—
(i) by omitting paragraph (b) from sub-regulation (1), and inserting in its stead the following paragraph:—
“(b) holds a First Mate’s (or superior) Certificate and has had at least one year’s service (i.e., 365 days on Articles) in full charge of a Watch for eight hours out of every twenty-four hours at sea while in possession of a First Mate’s Certificate. Time spent under Naval training while in possession of a First Mate’s Certificate will, however, be allowed to count towards this service, time in sea-going ships counting in full, and time in harbour ships or shore establishments as half, provided always that the officer obtains a good report. Time under training in harbour ships or shore establishments will not be accepted for more than three months of this service.”
2983.—Price 3d.
(ii) by omitting paragraph (b) from sub-regulation (2), and inserting in its stead the following paragraph:—
“(b) holds a First Mate’s (or superior) Certificate and has had at least one year’s service (i.e., 365 days on Articles) in full charge of a Watch for eight hours out of every twenty-four hours at sea while in possession of a First Mate’s Certificate. Time spent under Naval training while in possession of a First Mate’s Certificate will, however, be allowed to count towards this service, time in sea-going ships counting in full, and time in harbour ships or shore establishments as half, provided always that the officer obtains a good report. Time under training in harbour ships or shore establishments will not be accepted for more than three months of this service.
3. Regulation 68 is amended by omitting the following:—
“Sub-Lieutenant (who was not 24 years of age at the date of his appointment, or who was entered as Probationary Midshipman) | 28 |
Sub-Lieutenant (who was 24 years of age or over at the date of his appointment). | 31.” |
and inserting in its stead the following:— | |
“Sub-Lieutenant who was entered as Probationary Midshipman............ | 28 |
Sub-Lieutenant (direct entry) entered before 1st January, 1931 who was under 24 years of age on entry | 28 |
Sub-Lieutenant (direct entry) entered before 1st January, 1931, who was 24 years of age or over on entry | 31 |
Sub-Lieutenant (direct entry) entered on or after 1st January, 1931, who was under 26 years of age on entry | 30 |
Sub-Lieutenant (direct entry) entered on or after 1st January, 1931, who was 26 years of age or over on entry. | 31.” |
4. Regulation 69, paragraph (c), is amended by omitting the figures “27” and inserting in their stead the figures “30.”.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1931, No. 139, titled Regulations under the Naval Defence Act 1910-1918, was enacted to amend the existing Naval Reserve (Sea-going) Regulations to bring them up to date with the changing requirements of naval defence. This legislative instrument was issued by the Governor-General, Isaac Isaacs, in accordance with the advice of the Federal Executive Council. The primary aim of these amendments was to refine the criteria for personnel in the Naval Reserve, ensuring that they meet the necessary qualifications and experience required for effective service. These regulations were made under the authority of the Naval Defence Act 1910-1918, which governs the establishment, maintenance, and management of the Royal Australian Navy.
Scope and Application
The Statutory Rules of 1931, No. 139, enacted under the Naval Defence Act 1910-1918, establish specific regulations concerning the Naval Reserve (Sea-going). These regulations primarily apply to individuals who hold positions within the Naval Reserve, particularly those who are in sea-going roles and possess requisite certifications and experience. The amendments focus on the qualifications and service requirements for officers, including the alteration of age limits and the criteria for counting service under Naval training towards the required one-year service. The regulations also modify the pay scales for Sub-Lieutenants based on their age at the time of entry and whether they were initially appointed as Probationary Midshipmen. These regulations extend across the Commonwealth of Australia, reflecting a national scope that aligns with the federal nature of the Naval Defence Act. The Act does not explicitly state any exclusions or thresholds, but the specified requirements for certifications and service inherently exclude those who do not meet these standards. The application of the Act can be further detailed through subordinate instruments, although the primary text provided does not elaborate on such extensions or restrictions.
Key Provisions
The Regulations under the Naval Defence Act 1910-1918, specifically the Naval Reserve (Sea-going) Regulations, have undergone several amendments as per the statutory rules issued in 1931. These amendments include changes to Regulation 26, Regulation 38, and Regulation 68, among others. Regulation 26 sub-regulation (1) has been altered to change the age limit from 24 to 26 years for certain conditions. Regulation 38 has been amended to specify that individuals must hold a First Mate’s (or superior) Certificate and have at least one year’s service in full charge of a watch for eight hours out of every twenty-four hours at sea while in possession of a First Mate’s Certificate. This service requirement can include time spent under Naval training, with different counting rules for time in sea-going ships versus harbour ships or shore establishments. Regulation 68 has been updated to reflect changes in the pay scales for Sub-Lieutenants based on their entry date and age at the time of entry.
These amendments impose specific qualifications and service requirements on individuals seeking to join the Naval Reserve. They must hold a First Mate’s (or superior) Certificate and have the requisite experience in full charge of a watch at sea. The changes to Regulation 68 also mean that the pay scale for Sub-Lieutenants is now dependent on their age at the time of entry and the date of their entry into the Naval Reserve. These provisions ensure that the Naval Reserve is staffed by qualified and experienced personnel who meet the updated standards set by the regulations.
Violation of these regulations could lead to various consequences depending on the nature and severity of the breach. For example, individuals failing to meet the new service requirements or qualifications could face disciplinary action, potentially resulting in dismissal from the Naval Reserve. The specific legal or administrative penalties for such breaches are not detailed in the regulations themselves but could include formal reprimands, loss of rank, or other administrative sanctions as determined by the relevant authorities. Additionally, any failure to adhere to the updated pay scales might result in financial penalties or corrections to salary disbursements.