STATUTORY RULES.
1943. No. 291.
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 eighth day of December, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Volunteer Reserve Regulations.†
1. Regulation 41 of the Naval Volunteer Reserve Regulations is repealed and the following regulation inserted in its stead:—
Pay and allowances during service while called up by proclamation.
“41. When called up by proclamation in time of war or emergency, a member shall be paid the rates of pay and allowances prescribed by the Naval Financial Regulations for a member of corresponding rank or rating in the Permanent Naval Forces (Sea-going):
Provided that an officer of the Special Branch shall be paid the rates of pay and allowances prescribed by those Regulations for an officer of the Executive Branch of corresponding rank.”.
Naval Auxiliary Patrol.
2. Regulation 45 of the Naval Volunteer Reserve Regulations is amended—
(a) by adding at the end of the table in sub-regulation (4.) the words—
“Cadet, Second Class | Ordinary Seaman, Second Class”;
and
(b) by inserting in paragraph (a) of sub-regulation (5.), after the word “Cadet”, the words “or, if under the age of 18 years, in the rating of Cadet, Second Class”.
* Notified in the Commonwealth Gazette on , 1943.—Fifteenth amendment.
† Statutory Rules 1926, No. 180, as amended by Statutory Rules 1927, Nos. 80, and 104; 1928, Nos. 32 and 59; 1929, No. 5; 1930, No. 125; 1939, No. 30; 1940, No. 182; 1941, Nos. 82 and 307; 1942, Nos. 183 and 204; and 1943, Nos. 33 and 118.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7230.—Price 3d. 22/29.11.1943.
Overview
Statutory Rules 1943 No. 291, issued under the authority of the Naval Defence Act 1910-1934, was enacted to address the need for updated regulations governing the pay and allowances for members of the Naval Volunteer Reserve during times of war or emergency. The regulations also aimed to modify the Naval Auxiliary Patrol by adjusting the ratings of cadets and ordinary seamen. Enacted by the Governor-General in Council, these regulations were designed to ensure that reservists and auxiliary personnel received appropriate compensation and to clarify their roles and ratings within the naval forces. The overarching policy objective was to provide clear and effective guidelines to support the operational readiness and morale of the naval volunteers during critical periods.
Scope and Application
The Statutory Rules 1943, No. 291, Regulations under the Naval Defence Act 1910-1934, primarily pertain to amendments to the Naval Volunteer Reserve Regulations. This legislative instrument applies to members of the Naval Volunteer Reserve who are called up by proclamation during times of war or emergency. The regulations specify the rates of pay and allowances for these members, distinguishing between officers of the Special Branch and those of the Executive Branch. Additionally, the regulations cover the Naval Auxiliary Patrol, with specific amendments to the rating of cadets under the age of 18 years. The scope of the Act is national, as it applies across the Commonwealth of Australia, and is issued under the authority of the Naval Defence Act 1910-1934. There are no stated exclusions, exemptions, or thresholds within the text of this particular statutory rule. The application of the Act may be further extended or restricted through subordinate instruments, though such details are not provided in this excerpt.
Key Provisions
The Regulations under the Naval Defence Act 1910-1934, particularly focus on the amendments to the Naval Volunteer Reserve Regulations. Firstly, section 1 of the Regulations modifies Regulation 41, which pertains to pay and allowances during service while called up by proclamation. According to this section, when a member of the Naval Volunteer Reserve is called up in time of war or emergency, they will be compensated at the rates specified by the Naval Financial Regulations for a member of corresponding rank or rating in the Permanent Naval Forces (Sea-going). For an officer of the Special Branch, the pay and allowances will be as prescribed for an officer of the Executive Branch of corresponding rank (section 1).
In terms of obligations, these Regulations impose clear financial obligations on the Commonwealth Government, specifically the payment of appropriate rates of pay and allowances to members of the Naval Volunteer Reserve when they are called up. This ensures that reservists receive equitable compensation for their service, in line with their rank and branch within the naval forces (section 1). Additionally, section 2 amends Regulation 45 to include a new entry in the table of sub-regulation (4), adding "Cadet, Second Class | Ordinary Seaman, Second Class", and further modifies sub-regulation (5) to specify that if a cadet is under the age of 18 years, they should be in the rating of Cadet, Second Class.
Regarding consequences for breach, the Regulations themselves do not explicitly state offences, penalties, or consequences for non-compliance. However, under the broader framework of the Naval Defence Act 1910-1934, breaches of service regulations or failure to comply with call-up orders could lead to disciplinary actions or legal consequences as prescribed by military law. This might include administrative penalties, fines, or other forms of sanctions as deemed appropriate by the military authorities.