STATUTORY RULES.
1917. No. 157.
REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Australian Military Regulations 1916—Regulation 1307— Amendment.
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 1903-1915 to come into operation forthwith.
Dated this eleventh day of July, One thousand nine hundred and seventeen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Australian Military Regulations 1916.
Amendment.
Australian Military Regulation 1307 is cancelled and the following substituted therefor:—
Requisitioning vehicles, &c.
“1307. (1) In time of war the Minister of Defence or any District Commandant may issue an authority to any person to requisition such number and kind as are specified in the authority of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval or military purposes.
(2) Upon receipt by any person of such an authority, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority, and may, in pursuance of the said authority, by writing under his hand, require any owner of any of such articles or animals to deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.
(3) The compensation payable to an owner in respect of any articles (other than molybdenite, wolfram, or scheelite) or animals requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed or approved by the Minister and be determined by the Minister upon such basis as he thinks fair.
(4) The compensation payable to an owner in respect of any molybdenite, wolfram, or scheelite requisitioned in pursuance of this Regulation shall, in default of agreement, be assessed by the Minister on the basis of the agreement made between His Majesty’s Government and the Government of the Commonwealth of Australia for the acquisition of molybdenite, wolfram and scheelite.”
Printed and Published for the Government of the Commonwealth of Australia by albert J. Mullett, Government Printer for the State of Victoria.
C.8700.—Price 3d.
Overview
The Australian Military Regulations 1916, as amended by Statutory Rules 1917 No. 157, were enacted under the Defence Act 1903-1915 to provide a legal framework for requisitioning vehicles, animals, and goods for military purposes during wartime. The Australian Military Regulations 1916 were intended to address the logistical and resource challenges faced by the military during World War I. The regulation allows the Minister of Defence or any District Commandant to issue requisition authorities for specific items required for naval or military purposes. Compensation for requisitioned items is to be determined by a Board appointed by the Minister, with special provisions for molybdenite, wolfram, and scheelite based on agreements between the Commonwealth and His Majesty's Government. This legislative instrument was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, and it came into operation immediately upon enactment.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1917 No. 157, pertain to the requisitioning of various items and animals for naval or military purposes in times of war. Regulation 1307 specifically outlines the procedure for requisitioning vehicles, horses, mules, bullocks, aerial machines, boats, vessels, and goods, allowing the Minister of Defence or a District Commandant to issue an authority to any person for this purpose. This regulation applies to any individual or entity in possession of the specified articles or animals, who may be required to deliver them up upon presentation of the requisition authority, with the possibility of seizure in cases of non-compliance within the specified time limit. The compensation for requisitioned items, excluding molybdenite, wolfram, and scheelite, is to be assessed by a board appointed by the Minister or determined by the Minister himself, whereas the compensation for the latter three is based on an agreement between the Australian and British governments. The regulation applies nationwide under Commonwealth jurisdiction and does not explicitly state exclusions or exemptions, though the scope of application is limited to wartime circumstances.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1917 No. 157, introduce Regulation 1307 concerning the requisitioning of various assets for military purposes during times of war. This regulation, as specified in sections 1307(1) to 1307(4), allows the Minister of Defence or a District Commandant to issue an authority to requisition vehicles, horses, mules, bullocks, aerial machines, boats, vessels, or goods for naval or military use. Once an individual receives such an authority, they can inspect the items specified in the requisition and require their owners to deliver them within a specified timeframe. If the owner fails to comply, the requisitioning authority may seize the items. Compensation for requisitioned items, except for molybdenite, wolfram, and scheelite, is to be determined by a board appointed by the Minister, with final determination by the Minister himself in the event of a disagreement, as outlined in section 1307(3). For molybdenite, wolfram, and scheelite, compensation is assessed by the Minister based on the agreement between His Majesty’s Government and the Commonwealth of Australia, as detailed in section 1307(4).
Under these regulations, the obligations imposed on parties include the requirement for owners to comply with requisitioning orders within the specified timeframe. Failure to do so can result in the seizure of the items. The requisitioning authorities must adhere to the compensation procedures outlined in the regulation, ensuring that fair compensation is provided to owners of the requisitioned items, unless otherwise agreed upon. Furthermore, the regulation mandates the establishment of a board to assess compensation for items other than molybdenite, wolfram, and scheelite, with the Minister having the final say in determining the compensation amount.
Failure to comply with the provisions of Regulation 1307 may result in civil or criminal consequences, though the regulation does not explicitly state any specific offences, penalties, or consequences for non-compliance. The regulation focuses more on the process and procedures for requisitioning and compensation, leaving potential enforcement actions to be addressed under other relevant laws. The maximum penalties for any breaches would likely be determined by other applicable legislation, such as the Defence Act 1903-1915 or other relevant statutes that govern the enforcement of military regulations.