Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00046 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 311.

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REGULATION UNDER TIIE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this seventeenth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command.

F. M. FORDE

Minister of State for the Army.

 

Amendment of the Australian Military Regulations.

Enrolment of persons liable to serve in the Citizen Forces in time of war.

Regulation 141a of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (4.) the words “thirty days after the issue of the notice” and inserting in their stead the words “seven days after the issue of the notice or, if the notice specifies a date on or before which enrolment shall take place—on or before that date”;

(b) by omitting from sub-regulation (5.) the word “thirty’’ and inserting in its stead the word “seven”;

(c) by omitting from sub-regulation (7.) the word “fourteen’’ and inserting in its stead the word “three’’;

(d) by omitting from sub-regulation (8a.) the figures “30” and inserting in their stead the word “seven”;

(e) by omitting from sub-regulation (10.) the word “thirty” and inserting in its stead the word “seven”;

(f) by omitting from sub-regulation (11.) the word “thirty” and inserting in its stead the word “seven”; and

(g) by omitting from sub-regulation (11.) the word “fourteen” and inserting in its stead the word “seven”.

The amendment made by paragraph (a) of this regulation shall apply in relation to any notice issued during the month of December, 1941, and to all notices issued after the date of the notification of this regulation in the Gazette.

 

* Notified in the Commonwealth Gazette on 18th December, 1941.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 237, 252, 272 and 273; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246 and 260.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

8167.—Price 3d.

Overview

The Statutory Rules of 1941, No. 311, under the Defence Act 1903-1941, was enacted to amend the Australian Military Regulations, specifically focusing on the enrolment process for persons liable to serve in the Citizen Forces during times of war. This regulation was introduced by the Governor-General, acting with the advice of the Federal Executive Council, and was aimed at expediting the enrolment process to better address the urgent needs arising from the wartime context of December 1941. The policy objective behind these amendments was to streamline and accelerate the enrolment procedures to ensure that personnel could be mobilised more swiftly in response to the exigencies of war. The changes reduced the timeframes for various stages of the enrolment process from thirty days to seven days, reflecting a direct response to the immediate demands of wartime mobilisation.

Scope and Application

The Regulation under the Defence Act 1903-1941 pertains to amendments of the Australian Military Regulations specifically addressing the enrolment of persons liable to serve in the Citizen Forces during times of war. This legislation applies to individuals who are required to enlist in the Citizen Forces as specified by the Defence Act. The amendment modifies several timelines related to the enrolment process, reducing the period for enrolment from thirty days to seven days in various sub-regulations. This regulatory change is applicable to notices issued during December 1941 and subsequent to the notification of the regulation in the Gazette. The regulation's application is confined to the Commonwealth of Australia, impacting individuals and entities involved in military service enrolment within this jurisdiction. There are no stated exclusions or exemptions within the text of the legislation; however, the regulation can be further extended or modified through subordinate instruments.

Key Provisions

The key provision of this legislative instrument pertains to the amendment of Regulation 141a of the Australian Military Regulations. Specifically, it alters the timeframes for various actions related to the enrolment of persons liable to serve in the Citizen Forces in times of war. For instance, Regulation 141a(4) is modified to require enrolment within seven days after the notice is issued, or by the specified date if the notice indicates one. Similarly, Regulation 141a(5), (7), (8a), (10), and (11) are adjusted to reflect this new seven-day timeframe, replacing previous thirty or fourteen-day periods. These amendments are intended to streamline the enrolment process in response to urgent wartime requirements. The obligations imposed by these amendments primarily concern those liable to serve in the Citizen Forces. They must now comply with the shortened enrolment periods, ensuring they complete the necessary steps within the specified timeframes. This includes presenting themselves for enrolment within seven days of receiving a notice, or by the date specified if one is provided. Failure to adhere to these deadlines can have significant implications, particularly in the context of national defence and military preparedness. There are no explicit offences or penalties outlined in this legislative instrument for failing to comply with the amended enrolment regulations. However, the critical nature of these changes suggests that non-compliance could lead to serious consequences, including potential legal ramifications under the Defence Act 1903-1941 or other relevant legislation. The urgency of the amendments indicates the importance of adhering to the new deadlines to maintain military readiness and effectiveness during wartime.

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Defence & Military Law
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Regulation
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