STATUTORY RULES.
1943. No. 33.
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 tenth day of February, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Volunteer Reserve Regulations.†
Persons ineligible.
1. Regulation 5 of the Naval Volunteer Reserve Regulations is amended by omitting paragraph (e) of sub-regulation (1.) and inserting in its stead the following paragraph:—
“(e) A civilian officer or employee of the Department of the Navy who has not obtained the prior approval of the Secretary, Department of the Navy.”
Naval Auxiliary Patrol.
2. Regulation 45 of the Naval Volunteer Reserve Regulations is amended by omitting from the heading to the table in sub-regulation (4.) the words “Royal Australian Naval Reserve”, and inserting in their stead the words “Royal Australian Naval Volunteer Reserve”.
* Notified in the Commonwealth Gazette on , 1943.—Thirteenth 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; and 1942, 183 and 204.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1943, No. 33, titled "Regulations Under the Naval Defence Act 1910–1934," was enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were made to amend the Naval Volunteer Reserve Regulations under the authority of the Naval Defence Act 1910–1934. The problem or gap these regulations aimed to address was the need to refine the eligibility criteria for the Naval Volunteer Reserve, particularly concerning civilian officers and employees of the Department of the Navy, and to update references to the Royal Australian Naval Reserve. The enacting body was the Federal Executive Council, with the aim of ensuring the regulations align with the evolving needs of the naval defence force during a period of significant global conflict.
Scope and Application
The Regulations under the Naval Defence Act 1910–1934 pertain specifically to the administration and amendment of the Naval Volunteer Reserve Regulations, impacting civilian officers and employees within the Department of the Navy, and the Naval Auxiliary Patrol. These regulations apply to any civilian officer or employee of the Department of the Navy who seeks to join the Naval Volunteer Reserve, requiring prior approval from the Secretary, Department of the Navy, and also extend to the Naval Auxiliary Patrol by renaming the Royal Australian Naval Reserve to the Royal Australian Naval Volunteer Reserve. The reach of these regulations is limited to the Commonwealth of Australia and are enforced by the Department of the Navy. There are no stated exclusions or exemptions within these particular regulations, but it is implied that the provisions would be subject to the overarching conditions and limitations of the Naval Defence Act 1910–1934. The application of these regulations can be further defined or extended through subordinate instruments or additional statutory rules made under the authority of the Act.
Key Provisions
The main operative sections of these regulations are found in the amendments to the Naval Volunteer Reserve Regulations, specifically Regulation 5 and Regulation 45. Regulation 5(1)(e) now excludes civilian officers or employees of the Department of the Navy from eligibility unless they have obtained prior approval from the Secretary, Department of the Navy. This requirement ensures that civilian personnel must receive explicit permission before joining the reserve, adding an extra layer of oversight to their participation. Regulation 45 has been amended to reflect the change in the name of the reserve from "Royal Australian Naval Reserve" to "Royal Australian Naval Volunteer Reserve." This change in wording is significant as it updates the regulatory language to align with the current nomenclature of the reserve, ensuring consistency and clarity in the regulations.
These regulations impose several obligations and requirements on the parties involved. Primarily, they mandate that any civilian officer or employee of the Department of the Navy seeking to join the reserve must first obtain the prior approval of the Secretary, Department of the Navy. This approval process likely involves a review of the individual's suitability and the potential impact of their participation on departmental duties and responsibilities. Additionally, the regulations require that any references to the reserve within the Naval Volunteer Reserve Regulations must now be updated to reflect the current name, ensuring that all documentation and communications are accurate and up-to-date.
The regulations do not explicitly detail any offences, penalties, or consequences for non-compliance. However, failure to adhere to these requirements could potentially lead to disciplinary action or other consequences within the Department of the Navy, as the regulations are made under the authority of the Naval Defence Act 1910–1934. Given the importance of maintaining the integrity and operational readiness of the reserve, any breach of these requirements could have significant implications for both the individual and the department.