STATUTORY RULES.
1941. No. 307.
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 Seventeenth day of December, 1941.
Governor-General.
By His Excellency’s Command,
Minister of State for the Navy.
Amendments of the Naval Volunteer Reserve Regulations.†
1. Regulation 18 of the Naval Volunteer Reserve Regulations is amended by adding at the end thereof the words and figures “, unless he is paid an outfit gratuity of the amount specified in paragraph (c) of sub-regulation (2) of regulation 20 of these Regulations”.
2. Regulation 20 of the Naval Volunteer Reserve Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) When first called up for war service by proclamation issued pursuant to section 46 of the Defence Act 1903–1941, in its application in relation to the Naval Forces, an officer shall be paid an outfit gratuity as follows:—
(a) If he has been supplied, under regulation 18 of these Regulations, with the uniform for an officer confirmed in rank—£5;
(b) If he has been supplied, under that regulation; with the uniform for an officer appointed on probation—£19; or
(c) If he has not been supplied, under that regulation, with any uniform—£32.”.
*Notified in the Commonwealth Gazette on , 1941—Tenth 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; and 1941, No. 82.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7299—20/12.11.1941.—Price 3d.
Overview
The Statutory Rules of 1941, Number 307, represent Regulations under the Naval Defence Act 1910–1934, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was introduced to address specific administrative adjustments within the Naval Volunteer Reserve Regulations, particularly in the context of financial provisions for officers. The regulations were made to align with the broader military needs and administrative requirements during wartime, ensuring that officers were appropriately compensated upon being called up for war service.
The objective of these regulations, as stated in the text, is to provide a clear and structured financial compensation scheme for officers in the Naval Volunteer Reserve when they are mobilised for active duty, reflecting the urgency and gravity of the circumstances at the time of their enactment. This legislative amendment seeks to rectify and update existing provisions to better suit the evolving needs of the Naval Forces during a period of heightened military activity.
Scope and Application
The Statutory Rules 1941 No. 307, Regulations under the Naval Defence Act 1910–1934, govern the amendments to the Naval Volunteer Reserve Regulations specifically addressing the outfit gratuity payable to officers when first called up for war service. This legislation applies to officers within the Naval Volunteer Reserve who are summoned into active service by proclamation pursuant to the Defence Act 1903–1941. The regulations define the criteria and monetary amounts for the outfit gratuity based on whether the officer has been supplied with a uniform or not. The geographic reach of this legislation is limited to the Commonwealth of Australia, as it is enacted under federal authority. There are no stated exclusions or exemptions within the provided text, although the application of these regulations is inherently tied to the circumstances of the officers’ service and their specific provisions for uniform supply. The regulations may be further extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The primary focus of the Statutory Rules 1941 No. 307 is on amending the Naval Volunteer Reserve Regulations under the Naval Defence Act 1910-1934. Regulation 18 is amended by adding a clause that a volunteer reservist is not entitled to an outfit gratuity unless they receive the specified gratuity as outlined in Regulation 20 (1)(c). Regulation 20 itself is replaced with a new sub-regulation (2) that details the payment of outfit gratuities to officers when they are first called up for war service under section 46 of the Defence Act 1903-1941. The gratuity amount varies depending on whether the officer has been supplied with a uniform, with £5 for an officer confirmed in rank, £19 for an officer appointed on probation, and £32 if no uniform has been supplied.
The regulations impose specific obligations on officers of the Naval Volunteer Reserve. Firstly, they must ensure that they receive an outfit gratuity when called up for war service, as outlined in the amended Regulation 20. The gratuity amount is contingent upon whether they have already been supplied with a uniform under Regulation 18. Additionally, the regulations require officers to be aware of the terms of their call-up and the financial entitlements that accompany it, ensuring compliance with the outlined provisions.
Failure to adhere to these regulations could lead to various consequences. Although the document does not explicitly state the penalties for non-compliance, under the general legislative framework, breaches of such regulations could potentially lead to civil or administrative penalties. The exact nature and severity of these penalties would depend on how the regulations are interpreted and enforced within the broader context of the Naval Defence Act 1910-1934 and other relevant legislation. However, it is clear that non-compliance with these financial entitlements could result in legal repercussions for the officers involved.