Australian Military Regulations 1916 (Amendment)

Overview

The Statutory Rules 1920 No. 83 is a legislative instrument made under the Defence Act 1903-1918, enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This regulation was introduced to amend the Australian Military Regulations 1916, specifically by adjusting the procedures in the absence of the First Military Member, allowing the Second Military Member to assume their functions and chair meetings of the Military Board. The regulation was made to ensure continuity and proper functioning of military governance in the absence of the First Military Member. The regulation was printed and published by Albert J. Mullett, Government Printer for the State of Victoria, on behalf of the Commonwealth of Australia.

Scope and Application

The Statutory Rules 1920 No. 83, made under the Defence Act 1903-1918, pertains to the amendment of The Australian Military Regulations 1916, specifically modifying Regulation 11 to address the delegation of certain functions of the First Military Member to the Second Military Member in the event of the former's absence. This regulation applies to the roles and responsibilities within the Military Board of the Commonwealth of Australia, thereby impacting the governance and administrative functions of the military under the Defence Act. The amendment applies to the Commonwealth jurisdiction and is intended to ensure continuity of military governance and operations. There are no stated exclusions or exemptions within this particular legislative instrument, and the amendment is effective immediately upon enactment, with no thresholds or conditions specified. The regulation extends the scope of the Military Board’s operations by clarifying the chain of command in the absence of the First Military Member, thus maintaining the operational efficiency of military governance during transitional periods.

Key Provisions

The main operative sections of this legislation, namely Statutory Rules 1920, No. 83, concern amendments to Regulation 11 of The Australian Military Regulations 1916. Specifically, the amendment adds wording to sub-paragraph (b), allowing the Second Military Member to exercise the functions of the First Military Member in their absence (Regulation 11). Additionally, the Second Military Member is permitted to assume the Chairmanship of an ordinary meeting of the Military Board during such absence (Regulation 11). The Act imposes obligations on the Second Military Member to take on the duties and responsibilities of the First Military Member when the latter is not available. This includes assuming the Chairmanship of an ordinary meeting of the Military Board. The Act does not explicitly define the scope of these functions or the extent of the Second Military Member’s authority, but it is implicit that they are to act in a manner consistent with the duties and expectations of the First Military Member. There are no specific offences, penalties, or civil/criminal consequences outlined within this particular legislative instrument for breaches of the amended regulation. However, any failure to comply with the Defence Act 1903-1918 or the amended Australian Military Regulations 1916 could potentially result in disciplinary action or other consequences as prescribed by the overarching legislation or applicable military law. The exact nature of these consequences would depend on the specific circumstances and the broader legal framework governing military conduct and governance.