Council of Defence Regulations (Cth)

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STATUTORY RULES.

1923. No. 159.

––––––

REGULATIONS UNDER THE DEFENCE ACT 1903‑1918.

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 Defence Act 1903‑1918, to come into operation forthwith.

Dated this thirty‑first day of October, 1923.

FORSTER,

Governor‑General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of State for Defence.

 

Council of Defence Regulations.

Short title.

1. These Regulations may be cited as the Council of Defence Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—“The Council” means the Council of Defence.

Council of Defence.

3. The Council of Defence shall—

(a) for the purpose of General Meetings, consist of—

The Prime Minister of the Commonwealth;

The Treasurer of the Commonwealth;

The Minister of State for Defence; and such additional Ministers as are from time to time summoned by the Prime Minister;

The First Naval Member of the Naval Board;

The Second Naval Member of the Naval Board;

Another Senior Naval Officer nominated by the Minister for Defence;

The Inspector‑General of the Military Forces;

The First Military Member of the Military Board; and

Two other Senior Military Officers of the Active List, nominated by the Minister of State for Defence; and

(b) for the purpose of Ordinary Meetings, consist of—

The Minister of State for Defence;

The First Naval Member of the Naval Board;

The Second Naval Member of the Naval Board;

The Inspector‑General of the Military Forces; and

The First Military Member of the Military Board.

C.16777—Price 3d.

Powers and functions of Council.

4. The powers and functions of the Council of Defence shall be—

(i) to insure that the whole policy of the defence of Australia by the Naval, Military and Air Forces is consistent generally with Imperial plans and especially with such of those plans as directly concern Australia, and to issue such instructions in connexion therewith as are necessary;

(ii) To act as the medium of communication with the Committee of Imperial Defence or any other body of a similar nature formed by the Government of the United Kingdom;

(iii) To effect such supervision of the approved defence policy in the Naval, Military, Air and Munition branches as will insure its efficient and economical application;

(iv) to co‑ordinate the activities of the Naval, Military, Air and Munition branches with each other as well as with those of other Commonwealth Departments and the commercial and manufacturing activities of Australia in so far as is necessary to insure, in case of need, the mobilization of all resources for the defence of Australia; and

(v) to advise upon and supervise the total expenditure upon defence and the distribution of that expenditure.

How work of Council effected.

5. The work of the Council shall be conducted at General and Ordinary Meetings.

General meetings.

6. (1) A General Meeting shall be summoned by the Prime Minister, by notice specifying the time and place of the meeting.

(2) Two Ministers (of whom one shall be the Minister for Defence), two Naval Members, and two Military Members shall constitute a quorum at a General Meeting.

(3) The Prime Minister, when present, and in his absence the Senior Minister present, shall preside at a General Meeting.

(4) The Prime Minister may, for the purposes of consultation, summon to a General Meeting, in addition to the Members of the Council, such other persons as the Minister for Defence thinks fit.

Business of General Meetings.

7.The questions to be considered and determined at a General Meeting shall be specified in the notice summoning the Meeting.

Provided that any member may, with the concurrence of the Minister for Defence obtained prior to the commencement of the Meeting, bring any question before the Meeting.

Ordinary Meetings.

8. (1) An Ordinary Meeting shall be summoned by the Minister for Defence.

(2) Three Members (including at least one Naval Member and one Military Member) shall constitute a quorum for an Ordinary Meeting.

(3) The Minister for Defence, when present, and in his absence the Senior Member present, shall preside at an Ordinary Meeting.

(4) The Minister for Defence may, for the purposes of consultation, summon to an Ordinary Meeting, in addition to the Members of the Council, such persons as he thinks fit.

Reference of questions to Council.

9.(1) The Prime Minister or the Minister for Defence may, on the recommendation of the Naval, Military, Air or Munitions Supply Board, or on his own motion, refer any question to the Council.

(2) Any such question shall, unless the Prime Minister or the Minister for Defence otherwise directs, be considered in the first instance at an Ordinary Meeting.

(3) Any member present at the Meeting may request the Minister to refer any question to a General Meeting and the Minister may thereupon defer the question with a view to its being considered by a General Meeting.

Committees.

10. The Council may appoint committees consisting of such persons as the Council from time to time determines to conduct inquiries and make recommendations to the Council on special subjects.

Rules and procedure.

11. The Council may determine its rules and order of procedure:

Provided that all executive action in connexion with the Council shall be taken through existing official channels.

Secretary of the Council.

12. (1) The Secretary, Department of Defence, shall be Secretary of the Council. In the absence of the Secretary to the Department of Defence the officer for the time being performing the duties of the Secretary to the Department shall be the Secretary of the Council.

(2) The Minister of Defence may appoint Assistant Secretaries, representing the Naval, Military, and Air Services respectively, who will be responsible to the Secretary of the Council.

Repeal.

13. Regulations 6, 7, 7 (a), 7 (b) and 7 (c) of the Australian Military Regulations 1916 (Statutory Rules 1921, No. 81) are hereby repealed.

 

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

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