Australian Military Regulations 1916 (Amendment)

Overview

The Statutory Rules 1918, No. 115, made under the Defence Act 1903-1917, was enacted to amend the Australian Military Regulations 1916, particularly in relation to exemptions from training for individuals who have served in war-related capacities during World War I. This legislative instrument was introduced by the Governor-General in Council, addressing the need to provide relief to military personnel who had been actively involved in war efforts, both domestically and internationally. The primary policy objective was to ensure that individuals who had served in the war were not subjected to mandatory military training during the conflict and for a reasonable period thereafter, while still requiring them to comply with other obligations such as notifying changes of address. This amendment aimed to balance the need for military preparedness with the recognition and relief of those who had served in active war zones.

Scope and Application

The regulation made under the Defence Act 1903-1917 applies to individuals who have served on war service, either beyond the limits of the Commonwealth or within it, in connection with the present war. Specifically, it provides exemptions from prescribed training for those who have served for a certain period, with distinct conditions based on the duration and location of service. Persons who have served overseas during the war are exempt from training for the duration of the war and for twelve months following its conclusion, while those who served within the Commonwealth for three months or more in any given year are exempt for that entire year. Those who served for less than three months within a year are exempt only for the period they served, provided that they were part of a unit that underwent training during that time. The regulation does not exempt these individuals from the requirement to notify any changes of address, and failure to do so may result in penalties under the Act. This regulation extends the application of the Defence Act to include exemptions based on war service, providing a structured approach to managing the training obligations of individuals who have participated in military conflicts.

Key Provisions

The new regulation introduced under the Defence Act 1903-1917 (section 138(3a)) provides specific exemptions from military training for individuals who have served on war service. According to regulation 788a(2)(a), any person who has served on war service outside Australia during the current war is exempt from the training prescribed by Part XII of the Act for the duration of the war and for twelve months after the war ends. Similarly, regulation 788a(2)(b) exempts individuals who have served on war service within Australia for three months or more in any year from the training prescribed by Part XII for that year. Those who served for less than three months in any year are exempt from the training performed by their unit during their service period. The regulation imposes certain obligations on the affected individuals. Firstly, they must ensure that they are aware of and comply with the exemption provisions as outlined. Furthermore, these individuals must still notify any change of address to the relevant authorities as per regulation 778. Failure to notify a change of address as required by regulation 788a(3) subjects the individual to the penalties outlined in section 85 of the Defence Act 1903-1917. Breach of the notification requirements can lead to significant consequences. Under section 85 of the Defence Act, an individual who fails to notify a change of address as required by regulation 788a(3) is subject to penalties. While the specific penalties are not detailed in the provided text, they are typically outlined in the Defence Act and may include fines or other forms of punishment as deemed appropriate by the authorities.