STATUTORY RULES
1920. No. 178.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1918, to come into operation forthwith.
Dated this seventh day of October, 1920.
FORSTER,
Governor-General,
By His Excellency’s Command,
GRANVILLE RYRIE,
for Minister of State for Defence.
Amendment of The Australian Military Regulations 1916.
The Australian Military Regulations 1916 are amended as follows:—
(1) After regulation 26 insert the following new regulation:—
“26a. Officers and non-commissioned officers of the Military Forces shall at all times when doing duty with Senior Cadets be entitled to exercise command therein in all respects as if they were officers and non-commissioned officers respectively of the Senior Cadets and shall be obeyed accordingly.”
(2) Regulation 195 (1).—Insert the words ‘‘Farrier Quartermaster-Sergeant” immediately below the words “Mechanist Quartermaster-Sergeant” and extend the bracket containing the words “Brigade or Regimental Quartermaster-Sergeant, Armament Quartermaster-Sergeant and Mechanist Quartermaster-Sergeant” to include the words so inserted.
(3) Regulation 196.—Insert the words “Farrier Quartermaster-Sergeant” in the column headed “Appointment” immediately after the words “Mechanist Quartermaster-Sergeant” so that they are included in the bracket opposite the words “Quartermaster-Sergeant” in the column headed “Rank”.
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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.
Overview
Statutory Rules 1920, No. 178, enacted under the Defence Act 1903-1918, were introduced to refine the existing Australian Military Regulations of 1916, particularly in relation to the command and disciplinary structures within the military forces. This legislative instrument was created by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that the military regulations are aligned with the evolving needs of the Defence Force. The primary objective was to provide clarity and authority to officers and non-commissioned officers when exercising command over Senior Cadets and to formalise the role of the Farrier Quartermaster-Sergeant within the military hierarchy. These amendments aimed to enhance operational efficiency and maintain discipline within the military forces by clearly defining roles and command structures.
Scope and Application
The Legislative instrument C1920L00178, titled "Regulations under the Defence Act 1903-1918", pertains to the amendment of the Australian Military Regulations 1916. This legislation applies to officers and non-commissioned officers of the Military Forces, specifically when they are on duty with Senior Cadets. It grants them the authority to exercise command over the cadets as if they held equivalent positions within the cadet ranks. The regulations extend to include Farrier Quartermaster-Sergeant within the purview of existing regulations, thereby integrating this role into the broader administrative structure of the Military Forces. The amendments are designed to enhance the operational efficiency and command structure within the Military Forces, particularly in their interactions with cadet units. The regulations are applicable on a national level, reflecting the Commonwealth’s jurisdiction over defence matters. The scope of the Act is limited to the specific roles and duties outlined within the amended regulations, with no stated exclusions or thresholds in the provided text. Subordinate instruments may further extend or clarify the application of these regulations within the military context.
Key Provisions
The Regulations under the Defence Act 1903-1918 introduce specific amendments to the Australian Military Regulations 1916. Notably, they introduce new command structures and roles within the military forces. For instance, Regulation 26a (1) states that officers and non-commissioned officers of the Military Forces shall have the authority to command Senior Cadets as if they were officers and non-commissioned officers of those cadets, with the expectation that their commands will be obeyed (26a). Additionally, Regulation 195 (1) expands the existing list of quartermaster-sergeant roles by inserting "Farrier Quartermaster-Sergeant" after "Mechanist Quartermaster-Sergeant" and extending the bracket to include this new role (195). Similarly, Regulation 196 incorporates "Farrier Quartermaster-Sergeant" into the bracket of appointments for quartermaster-sergeant roles (196).
These amendments impose specific obligations on officers and non-commissioned officers, as well as on the newly defined roles of Farrier Quartermaster-Sergeant. Officers and non-commissioned officers are now tasked with commanding Senior Cadets with the same authority and expectation of obedience as if they were part of the Cadets' own command structure. Meanwhile, the Farrier Quartermaster-Sergeant role is formally recognised and integrated into the existing quartermaster-sergeant framework. This includes being listed in the appointments and ranks relevant to the other quartermaster-sergeant roles.
Failure to comply with these regulations could result in disciplinary action under the Defence Act 1903-1918, although specific offences, penalties, or consequences are not detailed within the text of these regulations. The overarching Defence Act may outline potential penalties for breaches of military regulations, which could include fines, imprisonment, or other forms of punishment as deemed appropriate by military tribunals. The exact nature and extent of penalties would depend on the specific circumstances of the breach and the discretion of the military authorities.