STATUTORY RULES.
1942. No. 35.
REGULATION UNDER THE 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 thirty-first day of January, 1942
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
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Amendment of the Australian Military Regulations.†
Repeal of Regs. 140c and 140d.
Regulation 140c and 140d of the Australian Military Regulations are repealed.
* Notified in the Commonwealth Gazette on , 1942
† Statutory Rules 1927, No. 149, an 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, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311.
______________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
506.—10/20.1.1942.—Price 3d.
Overview
The Statutory Rules 1942 No. 35, made under the Defence Act 1903-1941, were enacted to amend the Australian Military Regulations during a period of heightened national security concerns. This legislative instrument, issued by the Governor-General in Council, serves to repeal certain regulations (Regulations 140c and 140d) from the Australian Military Regulations. The overarching aim of this regulation is to streamline and update military governance in response to evolving circumstances and the pressing needs of national defence. By repealing these specific regulations, the Government sought to address gaps in the existing military framework, ensuring that military laws and regulations remain relevant and effective in safeguarding the nation.
Scope and Application
The regulation made under the Defence Act 1903-1941 primarily applies to the repeal of specific regulations within the Australian Military Regulations. The repeal of Regulation 140c and 140d indicates a modification to the existing military governance framework, impacting the conduct and procedures of military personnel and entities involved in defence operations. The scope of this regulation is confined to the Australian Military Regulations, and it is executed with the overarching authority of the Defence Act. The repeal affects the conduct and transactions within the military, indicating a streamlining or updating of the existing legal framework. Geographically, this regulation is applicable within the Commonwealth of Australia, ensuring uniformity in military conduct and regulations across the nation. There are no specific exclusions, exemptions, or thresholds mentioned in this particular regulation, but it does open the potential for further amendments and extensions through subordinate instruments that could further define the scope and application of the repealed regulations.
Key Provisions
The main operative sections of the Statutory Rules 1942 No. 35 are the repeal of Regulation 140c and Regulation 140d of the Australian Military Regulations. Specifically, section 1 (1) of the Statutory Rules states that Regulation 140c and Regulation 140d are repealed, removing them from the Australian Military Regulations. This repeal effectively eliminates any obligations or requirements previously imposed by these regulations.
The repeal of Regulation 140c and Regulation 140d means that any obligations or requirements that were previously governed by these regulations are no longer in effect. These regulations may have included provisions related to specific duties, restrictions, or administrative processes within the military context. With their repeal, the entities or individuals previously bound by these regulations are no longer subject to those specific obligations.
In terms of legal consequences, the Statutory Rules 1942 No. 35 do not explicitly mention any offences, penalties, or consequences for the breach of the repealed regulations. However, the absence of these regulations may imply that compliance with the new regulatory framework or other applicable laws is required. Any breach of the Defence Act 1903-1941 or other relevant legislation could potentially lead to criminal or civil penalties, depending on the nature and severity of the breach. Given the repealed regulations' previous roles, any actions that were previously regulated by them may now need to comply with other provisions within the Defence Act or related statutes.