STATUTORY RULES.
1919. No. 72
REGULATION 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 Regulation, under the Defence Act 1903-1918, to come into operation forthwith.
Dated this second day of April, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
GEO. H. WISE,
for Minister of State for Defence.
Amendment of the Australian Military Regulations 1916.
Regulation 790 of the Australian Military Regulations 1916 is repealed and the following regulation made in lieu thereof:—
“790. Temporary exemption not exceeding one year renewable from time to time, may be granted to any person on account of residing at so great a distance from the place appointed for training that attendance at training would involve great hardship. Any person granted temporary exemption under the provisions of this regulation is required to notify his address at least once in each six months either personally or in writing to the Area Officer of the Area from which he was granted exemption. In the event of his removing to any other place, locality, or part of the District other than that for which the temporary exemption was granted, he is required to notify such change of address within 30 days of such removal to the Officer-in-Charge of the Area. The Area Officer will withdraw the temporary exemption if the circumstances under which it was originally issued no longer exist.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1919 No. 72, made under the Defence Act 1903-1918, amends the Australian Military Regulations 1916 to provide for the temporary exemption from military training for individuals who face significant hardship due to residing at a great distance from their appointed training location. This regulation allows for exemptions of up to one year, which can be renewed, provided the individual informs the relevant Area Officer of their address every six months and any changes of address within 30 days of moving. This legislative instrument was enacted to ensure that the Defence Act could be effectively administered during the post-World War I period, taking into account the practical difficulties faced by some members of the community in complying with mandatory military training obligations. The regulation was made by the Governor-General in Council, reflecting the Commonwealth's approach to managing military obligations in light of the unique circumstances experienced by some Australians.
Scope and Application
This legislative instrument is a regulation made under the Defence Act 1903-1918, amending the Australian Military Regulations 1916. The regulation specifically addresses the provision of temporary exemptions from military training for individuals who reside at a significant distance from the designated training location, where attendance would cause considerable hardship. The exemption is not exceeding one year and can be renewed as necessary, subject to the individual notifying their address to the Area Officer at least once every six months. If the individual moves to a different location within the District, they must report this change within 30 days to the Officer-in-Charge of the Area. The regulation empowers the Area Officer to revoke the exemption if the initial conditions no longer apply. This regulation applies to all persons granted such exemptions within the Commonwealth of Australia and operates in accordance with the Defence Act 1903-1918 and the Australian Military Regulations 1916.
Key Provisions
The main operative sections of the Statutory Rules 1919 No. 72 concern the amendment of the Australian Military Regulations 1916, specifically Regulation 790 (section 1). This regulation allows for the temporary exemption, not exceeding one year and renewable from time to time, of individuals residing at such a significant distance from their appointed training location that attending training would cause considerable hardship. Individuals granted this exemption are required to notify their address to the relevant Area Officer at least once every six months, either in person or in writing (section 2). If an individual moves to another location within the same district, they must inform the Officer-in-Charge within 30 days of the move (section 3). The Area Officer retains the authority to revoke the exemption if the original circumstances no longer apply (section 4).
The obligations imposed by these provisions are primarily on the exempted individuals, who must maintain regular communication with the Area Officer regarding their address (section 2). They must also notify the Officer-in-Charge promptly if they change their residence within the same district (section 3). The Area Officer, on the other hand, has the responsibility to withdraw the exemption if the conditions justifying it no longer exist (section 4). These obligations ensure that the exemption is granted only to those who genuinely need it and that it is revoked when it is no longer necessary.
The legislation does not explicitly state any offences, penalties, or consequences for breach within the provided text. However, the requirement for individuals to notify address changes suggests that failure to do so could result in the revocation of their exemption (section 3). Additionally, if the Area Officer determines that the original circumstances for the exemption no longer apply and the individual continues to claim exemption, this could potentially be seen as non-compliance with the regulation (section 4). The regulation does not specify any maximum penalties for breaches, implying that the primary consequence would be the loss of the exemption.