DEFENCE.
No. 37 of 1910.
An Act to amend the Defence Act 1903–1909.
[Assented to 1st December, 1910.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Defence Act 1910.
(2.) The Defence Act 1903–1909 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903–1910.
Parts.
2. Section two of the Principal Act is amended by omitting, from the reference to Part II., the words “Division 1.—Officers and Military Districts, ss. 8–28.” and the words “Division 2.—Naval and Military College, s. 29.”
Resignation of commission.
3. Section seventeen of the Principal Act is amended by adding thereto the following sub-section:—
“(2.) Where an officer resigns his commission before completing twelve years’ service as an officer, his service as an officer shall not, except under special circumstances as prescribed, be reckoned towards the service required under Part XII. of this Act.”
4. After section twenty-one of the Principal Act the following sections are inserted:—
Promotion to rank above Captain.
“21a.—(1.) An officer of the Military Forces, other than an officer of the Cadets, shall not be promoted, except probationally, to any rank higher than that of Captain, until he has passed, as prescribed, a course of practical and theoretical instruction by the members of the General Staff to perfect him in the practice of his own arm of the Forces and to accustom him to the uses and possibilities of the other arms.
Promotion to rank above Major.
(2.) An officer of the Military forces shall not be promoted to any rank higher than that of Major, until he has passed, as prescribed, a course of instruction by the members of the General Staff during which he shows himself fitted to command in the field a force of all arms.
“(3.) This section shall not apply to officers of the Medical, Veterinary, Ordnance, and other Departmental Services.
School of Instruction.
“21b. A Special School of Instruction shall be established for the training of an instructional staff of non-commissioned officers, and all future appointments of persons to act as instructors shall be made from amongst those who have, at the close of the prescribed course, satisfied the Chief of the General Staff or some person duly appointed by him that they are competent:
Provided that persons who have acted as instructors in the British Army, or who, having served in the British Army, satisfy the Chief of the General Staff that they have the necessary qualifications, may be appointed without passing through such course.”
Naval and Military College.
5. Section twenty-nine, and the headings of Division 1 and Division 2 of Part II.,…