STATUTORY RULES.
1923. No. 162.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth 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 thirty-first day of October, 1923.
FORSTER,
Governor-General
By His Excellency’s Command,
E. K. BOWDEN,
Minister of Stale for Defence.
Australian Military Regulations 1916.
Amendments
A. Regulation 99 is amended by adding at the end thereof, the following paragraph:—
“The appointment of Honorary Colonel shall not be held by the same person in respect of more than two Regiments or Battalions.”
B. Regulation 224 is amended by deleting the lines:—
“George’s Heights................................ | 1‡ | 1‡ |
Queenscliff Fort................................ | 1‡ | 1‡ |
Gellibrand Fort................................. | … | 1† |
Barracks, Fremantle............................. | 1‡ | 1‡” |
and substituting therefor the following:—
“George’s Heights................................ | 1†‡ | 1* |
Quecnscliff Fort................................ | 1†‡ | 1* |
Barracks, Fremantle............................. | 1†‡ | 1*” |
C. Regulation 382 is amended by adding at the end of sub-regulation (1) thereof the following paragraph:—
“The prescribed person referred to in sub-section (7) of section 135 of the Act shall include any member of the Police Force of a State.”
D. Regulation 411 is amended by―
(a) inserting in sub-regulation (1) thereof immediately after the word “Sovereign” the words “The twenty-fifth day of April” and
(b) inserting in sub-regulation (2) thereof immediately after the words “these days” the words “except the twenty-fifth day of April.”
(c) deleting that portion of sub-paragraph (5) which reads as follows—“but in that case the member shall be granted in lieu a holiday or portion of a holiday on some other day.”
E. Insert new Regulation 412—
“412. When a member of the Military Forces is required by his C.O. or other superior authority to attend, other than on a Sunday, for duty on a day which is observed as a holiday under the last preceding Regulation he may be granted in lieu a holiday upon some other day on which his services can conveniently be spared.”
F. Regulation 647, sub-regulation (3) is amended by deleting the words “would have the same effect” and substituting therefor the words “shall have the same effect.”
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, enacted by the Governor-General in Council, addresses the need to update and refine military governance and operations within the Australian Defence Force. This statutory rule, issued under the Defence Act 1903-1918, was designed to make immediate amendments to existing regulations, ensuring that military practices align with contemporary needs and standards. The objective of these amendments, as evidenced by the modifications to various regulations, is to enhance the efficiency and effectiveness of military administration, including limiting the number of honorary colonel appointments, adjusting holiday provisions for military personnel, and clarifying the roles of prescribed persons within the military context. These changes aim to streamline operations and address specific issues identified within the military framework.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1923 No. 162, pertain to the governance and conduct of the military within the Commonwealth of Australia. These regulations apply to military personnel and certain entities, such as the Police Force of a State, under the purview of the Defence Act 1903-1918. The amendments outlined in Statutory Rules 1923 No. 162 include adjustments to the appointment of Honorary Colonels, the alteration of holiday provisions for military personnel, and the clarification of the authority of prescribed persons. The regulations extend their reach across the Commonwealth, impacting the operational structure and conduct of military forces. Notably, these amendments exclude certain military installations as previously specified and introduce new provisions for the granting of holidays to military personnel under specific conditions. Additionally, the regulations are subject to further interpretation and application through subordinate instruments, thereby allowing for adjustments and clarifications to the existing framework.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1923 No. 162, introduce several key provisions that impact the management and operation of military forces under the Defence Act 1903-1918. Firstly, Regulation 99 now restricts the appointment of Honorary Colonels to no more than two Regiments or Battalions per person (Section A). Secondly, Regulation 224 has been updated to modify the designations of specific military sites by changing the numbers assigned to them (Section B). Thirdly, Regulation 382 is amended to include members of the Police Force of a State within the definition of 'prescribed person' as referenced in sub-section (7) of section 135 of the Act (Section C). Additionally, Regulation 411 has been revised to add April 25th as a specific holiday, affecting the holiday entitlements and duty requirements of military members (Section D). A new regulation, 412, permits military members to exchange holidays when required to work on a day that is otherwise a holiday, except on Sundays (Section E). Lastly, Regulation 647, sub-regulation (3) has been altered to ensure that certain actions 'shall have the same effect' as specified, clarifying the legal implications of these actions (Section F).
These regulations impose several obligations on the parties they govern. Firstly, they limit the number of Honorary Colonel positions an individual can hold to two, ensuring a broader distribution of such appointments (Regulation 99). Secondly, they necessitate the updating of records and documentation to reflect the changes in the designation numbers of specific military sites (Regulation 224). Thirdly, they expand the scope of individuals considered 'prescribed persons' under certain legal provisions, which could affect their duties and responsibilities (Regulation 382). The amendments to holiday regulations (Regulations 411 and 412) require military personnel to be granted alternative holidays when required to work on designated holidays, except on Sundays, ensuring fair treatment in scheduling and leave entitlements. Finally, the amendment to Regulation 647 ensures that specific actions have a clear and defined legal effect, thereby providing clarity and consistency in their application (Regulation 647, sub-regulation 3).
Failure to comply with these regulations could result in various consequences, though specific penalties are not detailed in the provided text. Breaches of the regulations, particularly those involving the designation of Honorary Colonels or the management of holiday entitlements, could potentially lead to administrative sanctions or legal actions depending on the severity and impact of the non-compliance. It is important for military personnel and governing bodies to adhere to these regulations to avoid any adverse outcomes.