STATUTORY RULES.
1919. No. 1.
REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910–1912.
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 1910–1912, to come into operation on and from the 4th August, 1914.
Dated this eighth day of January, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
A. POYNTON,
for Minister of State for the Navy.
AMENDMENT OF NAVAL BRIGADE REGULATIONS.
(Statutory Rules 1913, No. 250, as amended to present date.)
Insert at commencement of Regulations the following:—
“These Regulations may be cited as the Naval Brigade Regulations.”
After regulation 276 insert the following regulations:—
“277. Members of the Naval Brigade called up or enlisted for service under proclamation shall be paid at such rates of pay as may be approved by the Minister, provided that the daily rates laid down in regulation 265 shall not be exceeded.
278. Lodging allowance not exceeding the rates prescribed in the Naval Financial Regulations for corresponding ranks and ratings of the permanent Sea-going Forces may also be paid, on the approval of the Naval Board, in cases where quarters are not provided.
279. Separation Allowance.—In the case of leading seamen and lower ratings and their relative ratings, Separation Allowance at the following rates shall be payable in addition to pay, provided that the total daily pay drawn in cash by the rating does not, in any case, exceed Eight shillings (8s.) per diem ; but where one of the above ratings is eligible for Separation Allowance and payment of such allowance, together with the daily rate of pay, would exceed Eight shillings (8s.) per diem, payment of a proportionate amount of Separation Allowance to bring the total amount of daily pay to 8s. per diem, may be paid :—
| Per diem. |
| s. | d. |
(a) For wife living at home.............................. | 1 | 3 |
(b) Where allowance is not claimed for wife, for mother living at home and solely dependent upon the member for support | 1 | 3 |
(c) For each child under the age of fourteen years solely dependent upon the father or brother (as the case may be) for support | 0 | 7½ |
C.19200.—Price 3d.
(2) Payment of Separation Allowance may also be approved by the Naval Board in special cases where dependence upon the member is clearly established.
(3) Before approving of any claim for Separation Allowance, District Naval Officers are to cause the statements made in support thereof to be verified, and shall take any steps necessary or desirable to establish the genuineness of the claim.
(4) The Naval Board may withhold payment of Separation Allowance in any case for any period, reduce the payments laid down in these Regulations, and authorize the deduction of an amount from the pay of any member of the Brigade for payment direct to a dependant.”
After regulation 296 insert the following regulation:—
“296a. Rations, or an allowance in lieu, at such rates as may be approved by the Naval Board, shall also be allowed to all members of the Naval Brigade mobilized or enlisted for service in time of war or emergency.”
After regulation 325 insert the following regulation:—
“326. The Naval Board may approve of an allowance in lieu of replacements of uniform being paid, to officers and men mobilized. Such allowance shall be payable under such conditions as may be prescribed but shall not exceed the rates provided for officers and men of the Permanent Sea-going Forces.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Naval Brigade Regulations of 1919 are statutory rules enacted under the authority of the Naval Defence Act 1910–1912, by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were introduced to address the immediate needs of the Naval Brigade members who were called up or enlisted for service during a time of war or emergency. The overarching objective of these regulations is to ensure fair and adequate compensation for the members of the Naval Brigade, including provisions for pay, allowances, and other necessary benefits. The enactment of these regulations by the Governor-General and the Federal Executive Council signifies the legislative intent to support the Naval Brigade members and their families during their service, thereby ensuring their welfare and the smooth functioning of the naval defence operations.
Scope and Application
The Naval Brigade Regulations, established under the Naval Defence Act 1910-1912, specifically apply to members of the Naval Brigade who are called up or enlisted for service under proclamation. These Regulations detail the pay rates, allowances, and other benefits that these members are entitled to receive, such as lodging allowances, separation allowances, and rations or allowances in lieu thereof. The allowances are subject to approval by the Minister or the Naval Board, and certain conditions must be met to qualify for these benefits. These Regulations have a national jurisdictional reach as they are enacted by the Commonwealth of Australia. They extend their application through subordinate instruments, which provide further detailed guidelines and conditions for the allowances and benefits stipulated in the primary Regulations.
Key Provisions
The Naval Brigade Regulations (C1919L00001) outline specific provisions concerning the payment and allowances for members of the Naval Brigade when called up or enlisted for service. Regulation 277 states that members of the Naval Brigade will be compensated at rates approved by the Minister, provided these do not exceed the rates stipulated in regulation 265. Regulation 278 permits a lodging allowance for members who are not provided with quarters, subject to approval by the Naval Board and in accordance with the rates prescribed in the Naval Financial Regulations for comparable ranks and ratings within the permanent Sea-going Forces. Regulation 296a introduces provisions for rations or an allowance in lieu to be provided to all members mobilized or enlisted during times of war or emergency, subject to the approval of the Naval Board.
The obligations placed on the parties governed by these regulations include ensuring that all payments and allowances are made in accordance with the stipulated rates and conditions. The Naval Board is tasked with approving various allowances such as lodging, separation, and uniform replacement allowances, while also verifying the validity of separation allowance claims. The Minister is responsible for approving the rates of pay for members of the Naval Brigade, ensuring these do not exceed the prescribed limits. Members of the Naval Brigade must adhere to the conditions set forth in these regulations when claiming allowances and benefits.
Failure to comply with these regulations can result in various consequences. The Naval Board retains the authority to withhold, reduce, or deduct separation allowance payments if necessary. Furthermore, members found to be making false claims for allowances or benefits could face disciplinary action or other legal repercussions. While the specific penalties for breaches are not detailed in the text, it is clear that adherence to these provisions is mandatory and non-compliance could lead to financial penalties, administrative actions, or other legal consequences as deemed appropriate by the relevant authorities.