Royal Australian Naval Reserve (M) Regulations (Amendment) (Provisional)

Legislation au C1915L00158 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1915. No. 158.

 

PROVISIONAL REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1912.

Regulations and Instructions (Provisional) for the Royal Australian Naval Reserve (M).

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Naval Defence Act 1910-1912 should come into immediate operation, and further should be taken to have come into operation on and from the 1st April, 1915, and make the Regulations to come into operation accordingly as Provisional Regulations.

Dated this eighth day of September, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. A. JENSEN.

 

REGULATIONS AND INSTRUCTIONS (PROVISIONAL) FOR THE ROYAL AUSTRALIAN NAVAL RESERVE (M).

Amendments.

Section I.—Officers.

Insert new Regulation 16a:—

“16a. District Naval Officers are to render annually on 30th June to the Director of Naval Reserves a report on Form A.N.E. 9 for all Officers of the Naval Reserve. In addition to the information required by the Form, details are to be given of the attendance of drills and continuous training during the preceding year. In the cases of Sub-Districts, the reports are to be prepared by the Sub-District Naval Officer and the District Naval Officer is to insert his own remarks in the last column. Written reports from the Commanding Officer of the Training Ship and from the Senior Reserve Officer are to be obtained by the District Naval Officer, and, in the event of the latter disagreeing with the opinion expressed by either of the former Officers, such reports are to be attached to Form A.N.R 9.”

Section II.—Discipline.

Delete Regulation 122, and substitute the following in lieu:—

“122. When not inconsistent with these Regulations or the Naval Defence Act 1910-12, all rules and regulations for the discipline and internal economy of the Royal Australian Navy shall be applicable to the members of the Naval Reserve (M) when on duty ashore or afloat.”

C.4546.—Price 3d.

Insert new Regulation 122a:—

“122a. Any member of the Citizen Naval Forces guilty of any act, conduct, or neglect to the prejudice of good order and Naval discipline may be punished summarily in accordance with the subjoined scale.

For the administration of this Regulation, a “Commanding Officer” shall be—

(a) A District Naval Officer.

(b) A Commanding Officer of any ship in the Royal Australian Navy.

A Commanding Officer may summarily reduce in rank any Petty Officer for misconduct or inefficiency, but the Petty Officer so disrated shall be notified in writing of the charge against him, and shall be given an opportunity of showing cause against it, when he may be heard in his defence, together with any witnesses whom he may call on his behalf. (Vide section 112, Defence Act 1903-1915.)

Scale of Alternative Normal Maximum Summary Fines or Punishments for Royal Australian Naval Reserves undergoing Annual Training.

(Note.—This scale may be used in lieu of, but not in addition to, and does not supersede, Table of Punishments, in King’s Regulations and Admiralty Instructions, Article 757, and will cease to apply whenever the Reserves are called out for active service by Proclamation.

Offences.

Punishments—

(Naval Defence Act 1910-1912, paragraph 45).

1. Disobedience of orders..............

Fine not exceeding £5

2 Disrespect.......................

3. Drunkenness.....................

Fine not exceeding £5, and also forfeiture of pay while unfit for duty

4. Smuggling liquor in ship or boat, Naval premises, or place of duty on shore

Fine not exceeding £5

5. Wilfully, or by neglect, losing or damaging any Government property

Fine not exceeding £5, and, in addition, may be charged with the cost of property lost or destroyed

6. Neglect of duty...................

Fine not exceeding £1

7. Any act, conduct, disorder, or neglect to the prejudice of good order and Naval discipline not specified in the foregoing

Fine not exceeding £5

8. Talking or inattention at drill..........

Fine not exceeding 5s.

9. Appearing improperly dressed..........

Fine not exceeding 5s.

10. Neglect to notify change of address within seven days

Fine not exceeding 2s. 6d.

Sub-district Naval Officers may, if authorized in writing by the District Naval Officer, punish members of the Citizen Naval Forces according to the above scale, but so that any fine imposed by a Sub-district Naval Officer shall not exceed Ten shillings.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the Naval Defence Act 1910-1912, established through Statutory Rules 1915 No. 158, address the urgent need to provide a structured framework for the administration and discipline of the Royal Australian Naval Reserve. Enacted by the Governor-General in Council, these regulations were introduced to ensure that the Naval Reserve operates efficiently and maintains discipline, particularly in light of the emerging challenges of the time. The policy objective was to streamline the reporting and disciplinary processes for the Naval Reserve, allowing for effective oversight and management in both peacetime and potential wartime scenarios. This legislative instrument aimed to fill a critical gap by providing provisional regulations that would come into immediate effect, reflecting the urgency and importance of maintaining naval readiness and discipline during a period of heightened military activity.

Scope and Application

The Provisional Regulations Under the Naval Defence Act 1910-1912, specifically designed for the Royal Australian Naval Reserve (M), apply to all officers and members of the Naval Reserve. These regulations establish the administrative and disciplinary framework governing the conduct of reservists, both when they are on duty and during training periods. The scope of these regulations is national, as they pertain to the entire Commonwealth of Australia and are applicable to all reservists under the purview of the Naval Defence Act. The regulations provide a detailed outline of reporting procedures for District Naval Officers, stipulating that they must submit annual reports on 30th June detailing the attendance and performance of Naval Reserve Officers. Additionally, the regulations address disciplinary measures, allowing for the summary punishment of reservists who violate good order and Naval discipline, with specific punishments outlined for various infractions. Notably, the regulations also clarify that any member of the Citizen Naval Forces who engages in conduct detrimental to good order and Naval discipline may be subject to these punishments. This regulatory framework ensures a structured and disciplined approach to managing the activities and behaviour of Naval Reserve personnel throughout Australia.

Key Provisions

The main operative sections of the Provisional Regulations under the Naval Defence Act 1910-1912, as evidenced in the statutory rules, introduce new requirements for reporting and discipline within the Royal Australian Naval Reserve (M). Specifically, Regulation 16a mandates that District Naval Officers must submit annual reports by 30th June to the Director of Naval Reserves, detailing the attendance of drills and continuous training for all Naval Reserve Officers. This new requirement supplements the existing data collection on Form A.N.E. 9, ensuring that comprehensive information on training participation is reported annually. Regulation 122 has been amended to clarify that the rules and regulations for the discipline and internal economy of the Royal Australian Navy are applicable to members of the Naval Reserve when on duty, whether ashore or afloat. Additionally, a new Regulation 122a has been introduced, which provides a scale for summary punishments that can be administered by Commanding Officers for acts or conduct prejudicial to good order and Naval discipline. These regulations impose several obligations on the parties they govern. District Naval Officers must ensure that detailed annual reports on training participation are submitted to the Director of Naval Reserves by the specified date, incorporating additional information beyond that required by Form A.N.E. 9. They must also obtain and review written reports from the Commanding Officer of the Training Ship and the Senior Reserve Officer, reconciling any discrepancies with their own observations. Commanding Officers are required to follow the new scale of summary punishments when administering discipline, ensuring that any member found guilty of misconduct or neglect is subject to appropriate penalties, including the opportunity for the accused to present their case and call witnesses in their defence. The regulations also detail the potential offences and penalties for breaches, along with the maximum financial and punitive consequences. For instance, disobedience of orders, disrespect, drunkenness, smuggling liquor, losing or damaging government property, neglect of duty, and other unspecified acts prejudicial to good order and Naval discipline can all result in fines not exceeding £5, with additional penalties for specific offences. Sub-district Naval Officers, with written authorization from the District Naval Officer, may impose fines up to ten shillings for certain infractions, reinforcing the importance of maintaining discipline and order within the Naval Reserve. These provisions ensure that the Naval Reserve operates under a clear and structured disciplinary framework, with defined consequences for non-compliance.

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