Australian Military Regulations 1916 (Amendment)

Legislation au C1919L00197 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1919. No. 197.

–––––––––

REGULATIONS UNDER THE DEFENCE ACT 1903–18.

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 1903–1918, to come into operation on and from 1st August, 1919.

Dated this thirtieth day of July, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting Minister of State for Defence.

––––––––

Australian Military Regulations 1916.

Amendments.

The Australian Military Regulations 1916 are amended as follows:—

Regulation 8 (1):—

Delete the words “The Chairman or Deputy Chairman of the Board of Business Administration who shall be called ‘Civil Member’” and substitute the words “the Civil Member”.

Regulation 8 (3):—

After the words “Military Forces” delete the words “Except matters coming within the powers vested in and the functions conferred upon the Board of Business Administration. Members of the Military Board shall furnish as far as it lies in their power any information or advice required by the Board of Business Administration, but in an especial manner the Quartermaster-General shall be the member of the Military Board primarily responsible for supplying information and advice as to military necessities to the Board of Business Administration. The Board of Business Administration shall be in direct communication with members of the Military Board.”

Regulation 11 (g):

Delete the words “Subject to the powers vested in and the functions conferred upon the Board of Business Administration the duties assigned to each member shall be” and substitute the words “The duties assigned to each member shall be”.

Regulation 11 (g) (v):—

Delete the words “The Civil Member will be charged with Military Finance as follows:

Consideration and compilation of parliamentary estimates; review of proposals for new expenditure, or the redistribution of the sums allotted to the different sub-heads of defence votes; financial advice; Treasury requirement; claims, compensation—death or injury,”

 


and substitute the words “The Civil Member is charged with:

Military finance and accounting; consideration and compilation of parliamentary estimates; review of proposals for new expenditure or the redistribution of the sums allotted to the different sub-heads of defence votes; Treasury requirements; claims, compensation—death or injury; works and buildings.”

Delete the following—

“Division 2a—Board of Business Administration.

Regulation 12a (1):—

There shall be a Board of Administration for the Military Forces to be called the Board of Business Administration, and the Governor-General may appoint fit and proper persons, not exceeding four in number, to be members of the Board. Such members shall hold office during the pleasure of the Governor-General.

(2) The Governor-General may appoint a member of the Board of Business Administration to be Chairman of the said Board.

(3) The Board of Business Administration shall have, hold, exercise, and perform, subject to the control of the Minister, such powers and functions as may be vested in or conferred upon them by regulations.

(4) In addition to any other powers and functions vested in or conferred upon them as aforesaid, the Board of Business Administration shall be charged with the following matters:—

Purchase, inspection, custody, accounting for and disposal of military stores, equipment, clothing and supplies including requirements for medical services, but excluding the inspection of ammunition, explosives, and ordnance.

Management of—

Manufacturing establishments, excluding arsenal factories.

Transport services, excluding oversea transport of troops.

Remount and veterinary services.

Works and buildings.

Finance and accounting, and the duties allotted to the Civil Member.

(5) Notwithstanding anything contained in these Regulations, all appointments, promotions in, or transfers to, any section under the control or coming within the powers and functions of the Board of Business Administration shall be made by the Minister on the recommendation of such Board. A copy of such recommendation shall be sent to the Adjutant-General.

(6) If the Board of Business Administration are satisfied after due inquiry that an officer, warrant or non-commissioned officer, soldier or any person employed in any section under their control is unsuitable, inefficient or incompetent, they may recommend to the Minister the termination of his appointment, and his services may thereupon be dispensed with. A copy of any such recommendations shall be sent to the Adjutant-General.


(7) The Board of Business Administration shall determine its rules and order of procedure, provided however that—

(i) Meetings of the Board shall be summoned by the Minister or by the Chairman, or in the absence of the Chairman by the Deputy Chairman.

(ii) The Chairman or in his absence the Deputy Chairman, shall preside.

(iii) The Deputy Chairman shall be nominated by the Chairman.

(iv) Two members of the Board shall constitute a quorum.

(v) Questions shall be decided by a majority of votes, and in the event of an equality of voting the presiding member shall have a casting vote, provided there shall be no casting vote when less than four members are present.

(8) There will be a secretary to the Board of Business Administration who will exercise such functions and perform such duties as the Board of Business Administration may direct.

(9) There will be an Inspector-General of Administration who will exercise such functions and perform such duties as the Board of Business Administration may direct.”

And substitute new regulation 12a as follows:—

“There will be an Inspector-General of Administration who will exercise such functions and perform such duties as the Minister may direct.”

Regulation 248:—After the words “Military Board” delete the words “and of the Board of Business Administration in their respective spheres of authority.”

––––––––––––––––––––––

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Australian Military Regulations 1916, as amended by Statutory Rules 1919 No. 197, represent an effort by the Australian Government to streamline the administrative functions of the military during the post-World War I era. Enacted by the Governor-General in accordance with the Defence Act 1903, these regulations sought to address the inefficiencies and redundancies identified in the existing administrative framework, particularly concerning the Board of Business Administration. By removing the Board and reallocating its functions to other entities, the regulations aimed to enhance the efficiency and effectiveness of military administration, ensuring that resources and responsibilities were managed more cohesively and responsively. The reforms were part of broader efforts to rationalise the military's administrative structure and align it with the changing needs of the Defence Force.

Scope and Application

The Australian Military Regulations 1916, as amended by these Statutory Rules, apply to the Military Forces of the Commonwealth, including officers, warrant officers, non-commissioned officers, soldiers, and any persons employed in sections under the control or coming within the powers and functions of the Military Board or the Board of Business Administration. The regulations govern the administration and management of various aspects of military operations, including the purchase, inspection, custody, accounting for and disposal of military stores, equipment, clothing, and supplies, as well as the management of manufacturing establishments, transport services, remount and veterinary services, works and buildings, and finance and accounting. The regulations are applicable throughout the Commonwealth of Australia and are made under the authority of the Defence Act 1903. The Minister has the power to extend or restrict the application of the regulations through subordinate instruments. However, the regulations do not apply to the inspection of ammunition, explosives, and ordnance, or to overseas transport of troops. Additionally, the Board of Business Administration has been abolished, and its functions and duties have been transferred to the Minister and the Inspector-General of Administration.

Key Provisions

The Australian Military Regulations 1916, as amended by Statutory Rules 1919 No. 197, introduce several significant changes to the regulatory framework governing the Military Forces. Firstly, Regulation 8(1) streamlines the reference to the “Civil Member” within the Military Board, simplifying the terminology (Section 8(1)). Regulation 8(3) further clarifies that Military Forces members must provide information and advice to the Board of Business Administration, with a specific emphasis on the Quartermaster-General's role in supplying military necessities (Section 8(3)). Regulation 11(g) removes the conditional duties assigned to members, making their roles more definitive (Section 11(g)). Regulation 11(g)(v) expands the Civil Member's responsibilities to include military finance and accounting, as well as consideration and compilation of parliamentary estimates and review of new expenditure proposals (Section 11(g)(v)). Regulation 12a is completely replaced with a new provision that establishes the Inspector-General of Administration, who will now operate under the Minister's direction (Section 12a). Lastly, Regulation 248 removes the Board of Business Administration's authority from the Military Board’s purview (Section 248). These amendments impose new obligations on various parties involved in the administration of the Military Forces. The Civil Member within the Military Board must now handle more comprehensive financial responsibilities, including military finance, accounting, and parliamentary estimates (Section 11(g)(v)). The Board of Business Administration's former functions, such as the purchase, inspection, and disposal of military stores and equipment, are no longer applicable, and the authority for these tasks has been transferred to other entities (Section 12a). The Military Board is required to furnish information and advice to the Board of Business Administration, particularly in areas concerning military necessities (Section 8(3)). Additionally, members of the Military Board are obligated to recommend the termination of any unsuitable, inefficient, or incompetent personnel within sections under the Board of Business Administration’s control (Section 12a(6)). For breaches of these regulations, the consequences can be severe. The amendments do not explicitly state penalties for non-compliance, but given the critical nature of military administration, violations could lead to disciplinary actions, administrative penalties, or even criminal charges, depending on the severity and context of the breach. The Civil Member's expanded financial responsibilities mean that any mismanagement or failure to comply with financial regulations could result in significant repercussions, including potential audits, investigations, and legal action. Similarly, any failure by the Military Board to provide necessary information or recommendations could lead to disciplinary measures against the board members involved.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation & Subordinate Legislation
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.