Australian Military Regulations 1916 (Amendment)

Overview

The Statutory Rules 1920 No. 134, made under the Defence Act 1903-1918, was enacted to address the problem of supplying intoxicating or spirituous liquor to inmates or patients in military hospitals without proper authorisation. This regulation was introduced by the Governor-General in Council, with the Minister of State for Defence providing the necessary advice. The underlying policy objective of this amendment was to maintain discipline and health standards within military hospitals by prohibiting the unauthorised sale or supply of liquor to those receiving care or treatment. The regulation provides a clear legal deterrent against such activities, ensuring that any violations are subject to penalties including fines or imprisonment.

Scope and Application

The Regulation under the Defence Act 1903-1918 applies to any individual who knowingly supplies or sells intoxicating or spirituous liquor to an inmate in, or a patient of, a military hospital without the express permission of the officer in charge of that hospital. This legislative instrument targets specific conduct related to the sale and supply of liquor within military hospitals and is aimed at maintaining discipline and ensuring the well-being of individuals under medical care in military facilities. The jurisdiction of this regulation extends across the Commonwealth of Australia and is enforced under the Defence Act 1903-1918, reflecting the national scope of military governance and discipline. The regulation does not explicitly state any exclusions or exemptions but implicitly excludes those who act with the permission of the officer in charge, thereby maintaining a clear line of accountability and oversight within military medical institutions. This regulation is a direct amendment to the Australian Military Regulations 1916, thereby extending and reinforcing existing military law through subordinate instruments.

Key Provisions

The Regulation under the Defence Act 1903-1918 introduces a new provision, Regulation 1311a, which targets the unauthorised supply or sale of intoxicating or spirituous liquor to individuals within military hospitals. Specifically, Regulation 1311a states that any person found knowingly supplying or selling such liquor to an inmate or patient of a military hospital without the explicit permission of the officer in charge shall face penalties. The penalty includes a fine not exceeding twenty pounds or imprisonment, which may include hard labour, for up to three months. This amendment is inserted immediately after Regulation 1311 of the Australian Military Regulations 1916. Under this legislation, the primary obligation placed on individuals is the requirement to obtain permission from the officer in charge of a military hospital before supplying or selling intoxicating or spirituous liquor to patients or inmates. This permission must be explicitly granted and documented to ensure compliance with the law. Failure to adhere to this requirement may result in legal consequences. The law also imposes a responsibility on the officers in charge of military hospitals to monitor and control the sale and supply of such liquor within their jurisdiction, ensuring that it is not provided to patients or inmates without proper authorisation. Breach of Regulation 1311a carries specific legal consequences as outlined in the legislation. Upon conviction by a court of summary jurisdiction, an offender may face a financial penalty of up to twenty pounds. Alternatively, or in addition to the fine, the offender may be sentenced to imprisonment for up to three months, which may include hard labour. These penalties serve as a deterrent against the unauthorised supply or sale of intoxicating or spirituous liquor in military hospitals, maintaining the health and discipline of military personnel under medical care. The inclusion of these penalties and the specific wording of the regulation underscore the seriousness with which the law treats the unauthorised distribution of liquor in military hospitals. By imposing both financial and custodial penalties, the legislation aims to safeguard the well-being of military patients and inmates, ensuring that such environments remain free from the disruptive and potentially harmful effects of alcohol. The regulation reflects a broader commitment to maintaining order and discipline within the military healthcare system.