STATUTORY RULES.
1918. No. 71.
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REGULATION UNDER THE DEFENCE ACT 1903-1917.
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 1903-1917, to come into operation forthwith.
Dated the twentieth day of March, 1918,
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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The Australian Military Regulations 1916 are amended by inserting next after regulation 1155 the following regulation:—
“1155a. In the interests of national safety a District Commandant may at any time, with or without the consent of the members, remove from office any captain or other office-bearer of a rifle club.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4192.—Price 3d.
Overview
The Australian Military Regulations 1916 were amended in 1918 under the Defence Act 1903-1917 to address potential threats to national safety during a period of heightened military activity and the ongoing impacts of World War I. Enacted by the Governor-General in Council, this statutory rule aimed to enhance the capacity of District Commandants to maintain order and security within rifle clubs by allowing them to remove any captain or office-bearer without the consent of the club members if deemed necessary for the national interest. The regulation underscores the paramount importance of national safety and the authority vested in military officials to act decisively in times of perceived threat.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1918 No. 71, extend their jurisdiction to the officers of rifle clubs within the Commonwealth, specifically targeting captains and other office-bearers. This regulation is enacted under the Defence Act 1903-1917, thereby applying to individuals who hold office in rifle clubs that are recognised under the Defence Act. The purpose of this amendment is to ensure national safety, allowing District Commandants the authority to remove any office-bearer of a rifle club at their discretion, regardless of whether the members of the club consent to such a removal. The regulation operates on a national level, impacting all rifle clubs across the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned within the text, and the regulation is effective immediately upon its enactment. This legislative instrument does not indicate any further extension or restriction of its application through subordinate instruments, leaving the scope of its application as described within the regulation itself.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1918 No. 71, introduce a new regulation, 1155a, which allows District Commandants to remove any captain or other office-bearer of a rifle club at any time, with or without the consent of the members, in the interests of national safety. This provision grants the District Commandant significant discretionary power over the leadership of rifle clubs, reflecting a concern for national security during a time of war.
Under this regulation, District Commandants are tasked with the responsibility of ensuring that the leadership of rifle clubs aligns with the overarching goal of national safety. The regulation imposes an obligation on District Commandants to assess the suitability of office-bearers within rifle clubs and to take action if deemed necessary. This may involve investigating the conduct, loyalty, and activities of these individuals to determine if their presence in leadership roles poses any risk to national security.
Breach of the provisions outlined in this regulation can lead to serious consequences. Although specific offences and penalties are not detailed in the text, it is reasonable to infer that any misuse of the power granted could result in disciplinary action, both civil and criminal. The severity of the consequences would likely depend on the context of the breach and the extent to which national safety was compromised. The regulation underscores the gravity of the powers being delegated and the importance of their proper use.