STATUTORY RULES.
1917. No. 312.
REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
I, SIR ARTHUR LYULPH STANLEY, Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General in accordance with the provisions, of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1917 to come into operation forthwith.
Dated the 27th day of November, 1917.
A. L. STANLEY.
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
The Australian Military Regulations 1916 are amended as follows:—
(1) Regulation 788 is repealed and the following new Regulation made in lieu thereof:—
“788. (1) It is provided by sub-section 3 of section 138 of the Act that:—
‘Persons who are students at a Theological College as defined by the Regulations, or theological students as prescribed, may while they remain such students, on application be exempted by any prescribed authority from the prescribed training, but shall on ceasing to be such students undergo such equivalent training, as prescribed, unless exempted by some provision of this Act.’
(2) For the purpose of sub-section 3 of section 138 of the Act and of this Regulation, the term ‘theological students’ means students whose time is wholly or substantially devoted to instruction in duties as a minister of religion, whether at a Theological College or not, or to such duties combined with that of school teaching; and the term ‘Theological College’ is defined as any institution maintained solely for the instruction of such students in duties of a minister of religion.
(3) Temporary exemptions not exceeding one year from training mentioned in Part XII. of the Act may, on application made in writing to the area officer, be granted by District Commandants to persons who are students of a Theological College or theological students, from time to time, while they remain such students, but on ceasing to be students, they shall, unless otherwise exempt and unless they have become ministers
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of religion (in which case they shall be exempt from undergoing equivalent training), be required to undergo training equivalent to that from which they have been exempted, in addition to any training which they are otherwise liable to undergo.
(4) The District Commandant may require a certificate in writing from the head of the theological institution or religious denomination before granting exemption.”
(2) After Regulation 1208 a new Regulation is inserted as follows:—
“1208a. (1) A quarter-day drill as mentioned in this Regulation shall be of a duration of not less than one hour and may be held during the hours of day-light.
(2) In any area or locality the number of night drills prescribed by section 127 (1) (b) of the Act may be varied by the substitution of an equivalent number of quarter-day drills for any number of night drills as may be directed by the Military Board or a District Commandant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1917 No. 312, enacted under the Defence Act 1903-1917, aim to amend the Australian Military Regulations 1916 in response to specific needs arising during the period of the First World War. These regulations were made by Sir Arthur Lyulph Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, on the advice of the Federal Executive Council. The primary problem addressed by these regulations is the need to provide temporary exemptions from military training for theological students, while ensuring that they undergo equivalent training once they cease to be students, unless exempted by another provision of the Act. Additionally, the regulations introduce provisions for varying the number of night drills by substituting them with quarter-day drills, reflecting a pragmatic approach to the logistics and operational requirements of military training during wartime.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1917 No. 312, pertain to individuals and entities within the scope of the Defence Act 1903-1917, specifically targeting theological students and students at Theological Colleges. This regulation applies to those who are students at a Theological College or those who are classified as theological students, meaning individuals whose primary focus is on instruction in duties as a minister of religion, whether they are at a Theological College or engaged in such duties combined with school teaching. The Act allows for temporary exemptions from prescribed training for these students while they remain in their respective studies, but mandates that they undergo equivalent training upon ceasing their studies unless exempted by another provision of the Act or they have become ministers of religion. This regulation is applicable nationwide as it is under the Commonwealth of Australia. Furthermore, the regulation permits the substitution of quarter-day drills for night drills as determined by the Military Board or a District Commandant, providing flexibility in the implementation of military training schedules.
Key Provisions
The primary operative sections of this legislative instrument amend the Australian Military Regulations 1916 under the Defence Act 1903-1917. Regulation 788 has been repealed and replaced to provide for the exemption from prescribed training for theological students (section 1). These students, defined as those whose time is devoted to instruction in duties as a minister of religion or combined with school teaching, can be exempted from military training while they remain students. However, they must undergo equivalent training upon ceasing to be students unless exempted by another provision of the Act or have become ministers of religion. District Commandants can grant temporary exemptions not exceeding one year, requiring a written application and a certificate from the head of the theological institution or religious denomination (Regulation 788(4)).
Regulation 1208a introduces a new provision allowing for the variation of night drills in any area or locality by substituting an equivalent number of quarter-day drills (Regulation 1208a(2)). This variation can be directed by the Military Board or a District Commandant. Quarter-day drills, as defined in this regulation, must be of a duration of not less than one hour and may be held during daylight hours (Regulation 1208a(1)).
The obligations and requirements imposed by these regulations include the submission of written applications by theological students seeking exemption from military training. District Commandants must review these applications and request a written certificate from the head of the theological institution or religious denomination before granting an exemption. Additionally, the Military Board or District Commandants have the authority to vary the number of night drills by substituting an equivalent number of quarter-day drills as deemed necessary.
Failure to comply with the provisions of these regulations could result in civil or criminal consequences. While specific penalties are not detailed within the text of this instrument, breaches of military regulations generally carry penalties under the Defence Act 1903-1917. These penalties can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. The regulations emphasise the need for adherence to the prescribed training and drill requirements, with clear directives on how exemptions and variations can be granted or implemented.