STATUTORY RULES.
1918. No. 8.
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REGULATIONS 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 tenth day of January, 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 as follows:—
Regulation 37 is repealed and the following substituted therefor:—
“The Governor-General may, for distinguished service in time of war, or for exceptional gallantry on active service, appoint any person to be an officer or non-commissioned officer, or promote an officer or non-commissioned officer in the Citizen Military Forces without his passing the prescribed examination.” (Section 22 (1) D.A.)
Regulation 103 is repealed.
Regulation 105 is amended as follows:—
“The words ‘as provided in Regulation 103’ are cancelled, and the following substituted therefor —‘as otherwise provided in the Act and these Regulations.’”
The words “(Sec. 21(1) D.A,)” are cancelled
Regulation 190.—The table of ranks and precedence is cancelled and the following substituted therefor:—
Class | Rate of Pay. | Rank. |
III | £114 per annum and less.............. | Corporal |
| Above £114 and less than £156 per Annum . | Sergeant |
| £156 and less than £186 per annum....... | Company Sergeant Major (Warrant officer class II) |
| £186 to £210 per annum.............. | Regimental Quartermaster-Sergeant (Warrant Officer, Class II.) |
II. | £220 to 310 per annum............... | Warrant Officer, Class I. |
I. | £320 to less than £350 per annum......... | Honorary Lieutenant |
| £360 to £400 per annum.............. | Honorary Captain |
Regulation 376.—In table under heading “Height (B) without boots”
Cancel—
“5 ft. 4 in.”
and substitute—
“5 ft. 2 in.”
Add—
“In special cases Senior Cadets measuring 5 ft. 1 in. (without boots) may be accepted.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.16144.—Price 3d.
Overview
The Statutory Rules 1918, No. 8, enacted by the Governor-General in Council under the Defence Act 1903-1917, address the need to adapt military regulations in response to the demands of World War I. This legislative instrument amends the Australian Military Regulations 1916 to accommodate the exigencies of wartime, such as the urgent need to recognise distinguished service and exceptional gallantry by appointing and promoting officers and non-commissioned officers without the usual examination. It also modifies the physical standards for recruits and the pay scale for various ranks to better suit the operational requirements of the time. The policy objective underpinning these amendments is to ensure that the military can swiftly and effectively respond to the challenges posed by the ongoing conflict, thereby maintaining operational efficiency and morale among the armed forces.
Scope and Application
The Australian Military Regulations 1916, as amended by the Statutory Rules of 1918 No. 8, applies to individuals who are, or aspire to be, officers or non-commissioned officers within the Citizen Military Forces. This legislative instrument enables the Governor-General to appoint or promote personnel based on distinguished service in times of war or exceptional gallantry, bypassing the usual examination requirement. The regulation also modifies the ranks and rates of pay within the military hierarchy, with specific emphasis on the physical height requirements for recruits, reducing the minimum height for general acceptance and allowing exceptions for Senior Cadets in special cases. These amendments apply across the Commonwealth of Australia and are designed to address the unique demands of military service during wartime. The regulation does not explicitly state any exclusions or thresholds beyond the amended height requirements and the conditions for special exceptions, though it does rely on the overarching provisions of the Defence Act 1903-1917 for further clarification and enforcement.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1918 No. 8, introduce several key provisions to the governance of the Citizen Military Forces. Section 22(1) allows the Governor-General to appoint or promote officers and non-commissioned officers based on distinguished service in time of war or exceptional gallantry on active service, bypassing the requirement for passing a prescribed examination. This alteration reflects a recognition of merit and valor in exceptional circumstances, providing a flexible mechanism to reward exemplary conduct. Regulation 190 outlines a revised table of ranks and pay scales, which now includes specific monetary limits for each rank, ranging from Corporal up to Honorary Captain, ensuring clarity and consistency in rank-based remuneration.
These regulations impose specific obligations on the Citizen Military Forces, primarily concerning the appointment and promotion of officers and non-commissioned officers. The amendments mean that eligibility for such appointments and promotions is no longer strictly tied to passing a prescribed examination, but rather can be based on the individual's distinguished service or gallantry. The revised pay scale table in Regulation 190 also introduces a more defined financial structure for each rank, ensuring that compensation is directly linked to rank and responsibilities.
The potential breaches of these regulations may lead to various civil or administrative consequences, though the legislation does not explicitly detail the specific offences, penalties, or consequences for non-compliance. Given that the statutory instrument primarily focuses on the appointment and promotion criteria and the financial structure, any breaches might involve the improper appointment or promotion of individuals without the recognised merit or the misapplication of the pay scale. However, the exact ramifications for such breaches would typically be governed by the overarching Defence Act 1903-1917 or other relevant military governance frameworks, which may include disciplinary actions, administrative reviews, or financial penalties.