Australian Military Regulations 1916 (Amendment)

Overview

Statutory Rules 1918, No. 303, made under the Defence Act 1903-1918, were enacted to amend the Australian Military Regulations 1916, providing the necessary adjustments to military governance during a period of significant national change. This legislative instrument was introduced by the Governor-General in Council, reflecting the urgent need to adapt military regulations to the evolving demands of the time. The policy objective of these amendments appears to be to streamline military procedures and ensure that all eligible individuals, regardless of their initial medical assessment, are subject to further scrutiny and potential re-examination, thereby maintaining readiness and compliance within the armed forces.

Scope and Application

The Statutory Rules 1918 No. 303 amends the Australian Military Regulations 1916 to update certain provisions under the Defence Act 1903-1918. The regulations apply to individuals and entities within the scope of the Defence Act, primarily targeting personnel who are liable to be trained under military regulations. The amendments affect all persons who have been medically examined and found unfit for military service, requiring them to attend for further medical examination when ordered by an Area Officer. Additionally, the regulations encompass the broader military community, including military officers and those in relevant administrative positions within the defence sector. These amendments apply nationally across the Commonwealth of Australia and are effective from 1st January, 1919. The changes extend to the substitution of "District Orders" for specific district order numbers in certain regulations, streamlining the administrative process for military training and medical assessments. The regulations do not specify exclusions or exemptions, applying broadly to all cases governed by the Defence Act and the amended Australian Military Regulations 1916.

Key Provisions

The main operative sections of these Regulations amend the Australian Military Regulations 1916. Specifically, Regulation 270 (1) and Regulation 271 (2) are modified to replace the phrase "District Order No............." with "District Orders" effective from 1st January, 1919. Furthermore, a new sub-regulation is added to Regulation 364 (3), requiring any person who has been medically examined and found unfit but is ordered by an Area Officer to attend for a further medical examination by a prescribed medical authority. Finally, the word "permanent" is removed from Regulation 785 (4). These amendments impose certain obligations on individuals subject to military regulations and on Area Officers. Individuals found unfit for service must comply with orders to undergo further medical examinations. Area Officers, on the other hand, are empowered to order such examinations and specify the time and place for them. The Regulations do not impose additional obligations on other entities or parties beyond those already specified in the Australian Military Regulations 1916. The Regulations do not explicitly detail offences, penalties, or consequences for breaches. However, given the context of military regulations and the authority of Area Officers, non-compliance with these directives could potentially lead to disciplinary actions under the Defence Act 1903-1918 or other relevant military laws. The exact penalties would depend on the specific circumstances and the severity of the breach, which may range from administrative sanctions to more severe military penalties.