STATUTORY RULES.
1940. No. 182.
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 Regulation under the Naval Defence Act 1910-1934.
Dated this twenty seventh day of August, 1940.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendment of the Naval Volunteer Reserve Regulations.†
Regulation 8 of the Naval Volunteer Reserve Regulations is amended—
(a) by omitting from sub-regulation (2) the words “another branch” and inserting in their stead the words “a branch other than the Seaman branch”; and
(b) by adding, at the end thereof, the following sub-regulation:—
“(3) Notwithstanding anything contained in sub-regulation (2) of this regulation, a person may, in time of war, be engaged in the Naval Volunteer Reserve in the rating of Ordinary Seaman, or its equivalent in a branch other than the Seaman branch.”.
* Notified in the Commonwealth Gazette on , 1940.—Eighth 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: and 1939, No. 30.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5060.—8/15.8.1940.—Price 3d.
Overview
Statutory Rules 1940 No. 182, made under the authority of the Naval Defence Act 1910-1934, was enacted to address the need for amendments to the Naval Volunteer Reserve Regulations, particularly in light of the changing circumstances during wartime. The Naval Defence Act 1910-1934, enacted by the Commonwealth Parliament, established the legal framework for the defence of Australia's maritime interests. This particular regulation, made by the Governor-General in Council, aims to modify the existing regulations to allow for the engagement of personnel in the Naval Volunteer Reserve under specific wartime conditions. The policy objective is to enhance the flexibility and responsiveness of the Naval Volunteer Reserve during times of war, ensuring that necessary personnel can be enlisted and deployed more efficiently.
Scope and Application
The Statutory Rules 1940 No. 182, enacted under the authority of the Naval Defence Act 1910-1934, specifically amends the Naval Volunteer Reserve Regulations. This legislative instrument applies to individuals who are members of or wish to join the Naval Volunteer Reserve, with particular attention to their eligibility based on their branch of service and the circumstances of wartime. The amendment allows for the engagement of individuals in the Naval Volunteer Reserve in the rating of Ordinary Seaman, or its equivalent in a branch other than the Seaman branch, during times of war, thereby broadening the scope of recruitment within the Naval Volunteer Reserve. These regulations have a national reach, as they are made under the authority of the Commonwealth of Australia, and extend across all states and territories. There are no stated exclusions or exemptions within this particular amendment, and it does not introduce new thresholds for eligibility; however, the overarching Naval Defence Act 1910-1934 may contain provisions that govern broader aspects of eligibility and conduct within the Naval Volunteer Reserve.
Key Provisions
The main operative sections of this legislative instrument concern the amendment of Regulation 8 of the Naval Volunteer Reserve Regulations. Regulation 8 has been modified to allow for certain changes regarding the engagement of personnel within the Naval Volunteer Reserve. Firstly, the term "another branch" in sub-regulation (2) has been replaced with "a branch other than the Seaman branch" (1). This change clarifies the eligibility of personnel to transfer between different branches within the Naval Volunteer Reserve, excluding the Seaman branch. Secondly, a new sub-regulation (3) has been added to allow for the engagement of individuals in the rating of Ordinary Seaman, or its equivalent in a branch other than the Seaman branch, specifically in times of war (2).
The obligations and requirements imposed by these regulations on the parties governed include ensuring that personnel transfers within the Naval Volunteer Reserve adhere to the new stipulations. Specifically, the amended regulation now clearly delineates that personnel may transfer to a branch other than the Seaman branch, which provides more flexibility in managing personnel assignments. Furthermore, the addition of sub-regulation (3) mandates that in times of war, the Naval Volunteer Reserve can engage personnel in the rating of Ordinary Seaman, or its equivalent in non-Seaman branches, thereby broadening the pool of eligible candidates during critical periods.
Failure to comply with these regulations may result in legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed within this legislative instrument, it is implied that any non-compliance could be subject to the broader penal provisions outlined in the Naval Defence Act 1910-1934. This could include both civil and criminal penalties, depending on the nature and severity of the breach. The Act provides a framework for enforcement and potential sanctions, which could range from fines to more severe penalties, as determined by the relevant authorities under the Act.