STATUTORY RULES.
1919. No. 271.
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 on and from 1st January, 1920.
Dated this twenty-fourth day of November, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
A Member of the Federal Executive Council Acting for and on behalf of the Minister of State for Defence.
Amendment of the Australian Military Regulations 1916.
The Australian Military Regulations are amended as follows:—
(1) Division 5 (regulation 58) is repealed and the following division and regulation inserted in lieu thereof:—
Division 5: Australian Air Corps.
58. Pending the promulgation of a new establishment for the Central Flying School and of regulations therefor such personnel as may be required for the maintenance of existing equipment will be temporarily employed in an Australian Air Corps at rates of pay approved by the Minister and subject to the provision of funds by Parliament. The members so employed will be enrolled under the Defence Act until otherwise provided by law, and will, while so temporarily employed, form part of the Military Forces.
(2) Regulation 70 is amended by deleting the words—
“The Flying Corps in any Military District”.
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 1919 No. 271, enacted in 1919, are Regulations made under the Defence Act 1903-1918. These regulations were introduced to address the need for temporary employment of personnel required for the maintenance of existing equipment, particularly in the context of the Australian Air Corps, until a new establishment for the Central Flying School and corresponding regulations could be promulgated. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. The policy objective of these regulations was to ensure that essential personnel could be employed and enrolled under the Defence Act temporarily, thereby maintaining operational capabilities during a transitional period in the development of the Australian Air Corps.
The Regulations amend the Australian Military Regulations 1916 to establish a temporary Australian Air Corps for personnel needed to maintain existing equipment, pending the establishment of the Central Flying School and related regulations. Personnel employed in this capacity are enrolled under the Defence Act until further legislative provisions are made, ensuring continuity and operational readiness. This legislative instrument was intended to bridge the gap until a more permanent structure could be put in place, reflecting the evolving nature of military organisation and the need for timely adaptation in the post-war period.
Scope and Application
The Statutory Rules 1919, No. 271, issued under the Defence Act 1903-1918, make amendments to the Australian Military Regulations 1916, specifically concerning the Australian Air Corps and the Flying Corps in military districts. This legislative instrument applies to personnel temporarily employed in the Australian Air Corps, who are enrolled under the Defence Act and form part of the Military Forces. The geographic reach of these regulations is national, as they pertain to the Australian Military and its operations across various districts within the Commonwealth of Australia. Notably, the regulations establish rates of pay for these personnel, which are approved by the Minister and subject to parliamentary provision of funds. The amendments made by these regulations reflect the evolving needs of the Australian military, particularly in the establishment of a structured air corps and the restructuring of the Flying Corps within military districts.
Key Provisions
The Regulations under the Defence Act 1903-1918, specifically detailed in Statutory Rules 1919 No. 271, introduce significant changes to the Australian Military Regulations 1916. Primarily, the Regulations concern the establishment of the Australian Air Corps (Regulation 58) and the amendment of Regulation 70 (Regulation 70). Regulation 58 establishes the Australian Air Corps as a temporary entity, employing personnel necessary for maintaining existing equipment until a new establishment for the Central Flying School is promulgated. This interim measure allows for the continuation of air operations during the transition phase. The personnel involved will be enrolled under the Defence Act and considered part of the Military Forces.
Under these Regulations, the obligations imposed on the parties involved are primarily administrative and operational. The Minister is responsible for approving the rates of pay for personnel temporarily employed in the Australian Air Corps. Additionally, the Parliament must provide the necessary funds to support these operations. The members of the Australian Air Corps are required to adhere to the Defence Act, maintaining their status as part of the Military Forces until further legislative action is taken.
The Regulations also outline potential consequences for non-compliance. While the specific penalties are not detailed within the provided text, breaches of the Defence Act or the Australian Military Regulations could lead to civil or criminal liability. Under the Defence Act, serious violations might result in criminal charges, with potential penalties including fines and imprisonment, depending on the severity of the offence. These provisions ensure that the temporary measures are implemented effectively and that the integrity of the Military Forces is maintained.