STATUTORY RULES.
1946. No. 54.
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REGULATION 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 twentieth day of March, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
NORMAN J. O. MAKIN
Minister of State for the Navy.
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Amendment of the Naval Volunteer Reserve Regulations.†
Pay and Allowances during service while called up by Proclamation.
Regulation 41 of the Naval Volunteer Reserve Regulations is amended by adding at the end thereof the following proviso:—
“Provided also that the daily rates of active and deferred pay and the conditions of payment, prescribed by the Naval Financial Regulations for an Executive Officer of corresponding rank in the Permanent Naval Forces (Sea-going) promoted from Midshipman, shall apply in relation to an officer promoted from Commissioned Officer from Warrant Rank, but—
(a) the officer shall not be paid at rates less than the rates payable to a Lieutenant after six years; and.
(b) where his total emoluments, including rate of deferred pay credited, plus the difference of mess subscription as a Commissioned Officer from Warrant Rank, on the day immediately preceding the date of his promotion, exceeded the amount to which he would be entitled in the rank or relative rank of Lieutenant as prescribed by this regulation, the officer may, on the approval of the Naval Board, be paid a special rate of pay, his case being dealt with in accordance with the conditions governing similar cases in the Permanent Naval Forces (Sea-going).”.
* Notified in the Commonwealth Gazette on 21st March, 1946.—Seventeenth amendment.
† Statutory Rules 1926, No. 180, as amended by Statutory Rules 1927, Nos. 80 and 104; 1928, Nos. 32 and 56; 1929, No. 5; 1930, No. 125; 1939, No. 39; 1940 No. 182; 1941, Nos. 82 and 307; 1942, Nos. 183 and 294; 1943, Nos. 33, 118 and 291; and 1945, No. 127.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
357.—Price 3d.
Overview
The Statutory Rules 1946 No. 54, issued under the authority of the Naval Defence Act 1910-1934, represent an amendment to the Naval Volunteer Reserve Regulations. Enacted by the Governor-General in Council, this legislative instrument addresses the issue of equitable pay and allowances for officers within the Naval Volunteer Reserve who are promoted from Warrant Rank to Commissioned Officer. The primary objective of this amendment is to ensure that such officers receive fair compensation comparable to their counterparts in the Permanent Naval Forces, with appropriate safeguards to maintain minimum pay standards and provisions for special rates of pay under specific conditions. This regulation reflects a commitment to uphold the integrity and motivation of personnel within the Naval Volunteer Reserve during times of active service.
Scope and Application
The regulation under the Naval Defence Act 1910-1934 applies specifically to officers in the Naval Volunteer Reserve who have been promoted from warrant rank to commissioned officer status. The amendment modifies the Naval Volunteer Reserve Regulations by adjusting the pay and conditions for these officers, ensuring they are compensated appropriately for their new ranks while considering their previous experience and financial entitlements. This regulation applies across the Commonwealth of Australia, reflecting a uniform approach to compensation for naval officers. Notably, the regulation excludes any officers whose total emoluments do not exceed the prescribed rates for lieutenants, and in exceptional cases, special rates of pay may be granted subject to the Naval Board's approval. The regulation extends its reach through subordinate instruments that may further define and adjust the terms of service, pay, and allowances for naval personnel.
Key Provisions
The main operative section of this legislative instrument is the amendment to Regulation 41 of the Naval Volunteer Reserve Regulations (Naval Volunteer Reserve Regulations, 1926). This amendment modifies the pay and allowances for officers who are promoted from Commissioned Officer from Warrant Rank. Specifically, it mandates that the daily rates of active and deferred pay and the conditions of payment, as prescribed by the Naval Financial Regulations for an Executive Officer of corresponding rank in the Permanent Naval Forces (Sea-going) promoted from Midshipman, should apply to such officers (Regulation 41, proviso (a)). However, it also stipulates that these officers shall not be paid at rates less than those payable to a Lieutenant after six years of service (Regulation 41, proviso (a)). Additionally, if the officer's total emoluments, including deferred pay and the difference in mess subscription as a Commissioned Officer from Warrant Rank, exceed what they would be entitled to as a Lieutenant, the Naval Board may approve a special rate of pay (Regulation 41, proviso (b)).
The obligations imposed by this regulation on the relevant parties primarily concern the Naval Board. They must review and approve the special rate of pay for officers under certain conditions (Regulation 41, proviso (b)). This review must be conducted in accordance with the conditions governing similar cases in the Permanent Naval Forces (Sea-going). Furthermore, the regulation necessitates that the provisions of the Naval Financial Regulations are adhered to when determining the daily rates of active and deferred pay for officers promoted from Commissioned Officer from Warrant Rank.
Failure to comply with the provisions of this regulation may result in civil or administrative consequences. The regulation does not explicitly state penalties or consequences for non-compliance, but given the context of the Naval Defence Act 1910-1934 and the nature of the amendments, breaches may lead to administrative actions or disputes regarding pay and allowances. The precise consequences would depend on the specific circumstances of the breach and the interpretation by relevant authorities within the naval service.