Commonwealth Numbered Regulations

1981 No. 227 NAVAL FORCES REGULATIONS (AMENDMENT) - REG 4

4. Schedule 1 to the Naval Forces Regulations is amended-
(a) by omitting from the third column in Item 8, "the next 2 succeeding
sections" and substituting-

"section 43 of 44, and, except in the case of an offence to which section 76
applies, to make such reparation (if any) as the court-martial, disciplinary
court or officer, as the case may be, convicting the person considers
appropriate, to-

        (i)    the Commonwealth or to any authority or body constituted by or
               under a law of the Commonwealth or of a Territory, by way of
               money payment or otherwise, in respect of any loss suffered, or
               any expenses incurred, by the Commonwealth or the authority or
               body, as the case may be, by reason of the offence; or

        (ii)   any person who has suffered loss as a direct result of the
               offence, by way of money payment, or otherwise, in respect of
               that loss";

   (b)  by inserting after sub-section (9) in the third column, in Item 10,
        the following sub-section:



"(9A) The amount of any money payment to be paid by way of reparation under
paragraph 42 (1) (ba) may, if it is not recoverable under section 107 of the
Defence Act 1903, be deducted from any pay due, or which subsequently becomes
due, to the offender."; and

   (c)  by omitting from the third column, in Item 37-

"Omit from sub-section (5) 'one hundred pounds', insert '$200'.

Omit sub-section (6), insert the following sub-section:-
'(6) The powers conferred on the Chief of Naval Staff by this section may be
exercised-"
and substituting-

"Omit sub-section (5), insert the following sub-section:

'(5) The power to require an offender to pay as compensation an amount or
aggregate amount greater than $200 by an order or orders under this section
may be exercised only by the court-martial or disciplinary court, as the case
may be, convicting the person or by the Chief of Naval Staff.'.

Omit sub-section (6), insert the following sub-section:
'(6) Except as provided in sub-section (5), the powers conferred on the Chief
of Naval Staff by this section may be exercised-".