STATUTORY RULES
1921. No. 35.
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 Regulation under the Defence Act 1903-1918, to come into operation forthwith.
Dated this eleventh day of February, 1921.
FORSTER.
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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The Australian Military Regulations 1916.
Amendment.
Regulation 1311a is repealed, and the following regulation substituted therefor:—
“1311a. Any person, whether a patient or otherwise, who, without the permission of the Officer-in-Charge of the hospital, is in possession of intoxicating or spirituous liquors within the boundaries of the hospital, or any person who, without similar permission, knowingly supplies or sells intoxicating or spirituous liquors to any inmate of a military hospital, shall on conviction by a court of summary jurisdiction, be liable to a penalty not exceeding Twenty pounds, or imprisonment, with or without hard labour, for a period not exceeding three months.”
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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
The Australian Military Regulations 1921, enacted under the Defence Act 1903-1918, were introduced to address the need for strict regulation of intoxicating and spirituous liquors within military hospitals. These regulations were made by the Governor-General in Council, reflecting the Commonwealth Parliament's authority to enact such measures for the effective administration and discipline of the defence forces. The policy objective behind these regulations was to ensure that the environment within military hospitals remained conducive to the treatment and recovery of service members, by prohibiting the presence and supply of alcohol, which could potentially interfere with medical care and discipline. These regulations replaced an earlier version, reflecting an ongoing effort to adapt and refine the rules governing conduct and behaviour within the military healthcare system.
Scope and Application
The Australian Military Regulations 1921 apply to any individual found in possession of, or knowingly supplying or selling, intoxicating or spirituous liquors within the boundaries of a military hospital without the requisite permission from the Officer-in-Charge. This regulation is specifically pertinent to persons who are patients or otherwise present within these hospital premises, encompassing anyone who contravenes the stipulated prohibition on liquor possession or distribution. The scope of these regulations is geographically and jurisdictionally confined to military hospitals within the Commonwealth of Australia, thus extending the regulatory framework established under the Defence Act 1903-1918. Notably, the regulation explicitly excludes those who have obtained permission from the Officer-in-Charge, thereby delineating clear boundaries for compliance and enforcement. The penalties for contravention are severe, with a maximum fine of Twenty pounds or imprisonment for up to three months, highlighting the strict stance the regulation adopts on maintaining discipline and order within military healthcare facilities.
Key Provisions
The Australian Military Regulations 1916 Amendment, specifically regulation 1311a, addresses the possession, supply, or sale of intoxicating or spirituous liquors within military hospitals (reg. 1311a). This regulation mandates that any person found in possession of such liquors without the Officer-in-Charge's permission, whether they are patients or not, or anyone supplying or selling such liquors to hospital inmates without permission, is subject to penalties. These penalties include fines of up to Twenty pounds or imprisonment for up to three months, which may include hard labour, upon conviction by a court of summary jurisdiction.
The Act imposes clear obligations on individuals within the military hospital setting, particularly those responsible for maintaining discipline and ensuring the well-being of patients. It mandates that any individual found in violation of the regulation must face legal consequences. This includes the necessity for the Officer-in-Charge to monitor and control the presence of intoxicating or spirituous liquors within the hospital premises to prevent unauthorized possession or distribution. The regulation underscores the importance of maintaining a controlled environment in military hospitals, prohibiting the sale or supply of alcohol to ensure the health and safety of the patients.
Failure to comply with the provisions outlined in regulation 1311a can lead to serious consequences. Any person convicted of violating this regulation can be subject to a penalty that includes a fine of up to Twenty pounds, or imprisonment for a duration not exceeding three months, which may include hard labour. The consequences are designed to deter the possession, supply, or sale of alcohol within military hospitals, reinforcing the prohibition and the serious nature of such violations. The regulation ensures that there are clear and enforceable penalties to maintain the integrity and safety of military hospital environments.