STATUTORY RULES.
1921. No. 114.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE GOVERNORS-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 ninth day of June, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
GRANVILLE RYRIE,
For Minister of State for Defence.
The Australian Military Regulations 1910.
Amendments.
Regulations 100 and 101 are cancelled, and the following inserted in lieu thereof:—
“100. These appointments will be tenable for five years renewable on the recommendation of the Formation Commander. Such recommendations will be submitted to the Military Board for consideration.”
“101. The above honorary positions are reserved for Governors-General or Governors, and officers on the Active or Retired List of the rank of Colonel or higher who have rendered valuable and distinguished service to Australia. Recommendations for the appointments of Honorary Colonels will be made by Formation Commanders to the Military Board.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1921 No. 114, known as the Australian Military Regulations 1910 (Amendment), was enacted to amend the Defence Act 1903-1918. This legislative instrument, issued by the Governor-General in Council, provides for the modification of specific regulations concerning the tenure and appointment of Honorary Colonels within the military. The intent behind these amendments was to establish a more formalised process for the appointment and renewal of Honorary Colonels, ensuring these roles are held by individuals who have rendered significant service to Australia and are of the appropriate rank. The policy objective is to recognise distinguished service and maintain the integrity of these honorary positions within the military framework.
The regulations were introduced to address the need for a structured and merit-based approach to the appointment of Honorary Colonels, ensuring that such prestigious roles are filled by individuals who have demonstrated exceptional service and meet the necessary qualifications. This legislative amendment aims to uphold the prestige and honour associated with these positions while ensuring that appointments are made based on merit and distinguished service. The enacting body, the Governor-General in Council, ensures that these changes are implemented in accordance with the Defence Act 1903-1918, reflecting the importance of these roles within the Australian Defence Force.
Scope and Application
The Australian Military Regulations 1921 govern appointments within the military, specifically targeting individuals eligible for honorary positions such as Governors-General, Governors, and officers of the rank of Colonel or higher who have rendered distinguished service to Australia. These Regulations, made under the Defence Act 1903-1918, apply to those who meet the criteria of having rendered valuable and distinguished service and are intended for appointments within the military framework. The scope of these Regulations is national, encompassing the entire Commonwealth of Australia, and they are enforced by the Military Board upon recommendations from Formation Commanders. Notably, the Regulations detail the tenability and renewal of these honorary positions, setting a five-year term renewable based on the Formation Commander's recommendation. This legislative instrument provides clear guidelines on the appointment process for honorary military positions, ensuring that only those who have demonstrated exceptional service to Australia are considered for such roles.
Key Provisions
The Australian Military Regulations 1910, as amended by Statutory Rules 1921 No. 114, primarily introduce changes to the appointment and renewal process for certain honorary positions within the military structure. Section 100 of these Regulations specifies that the appointments in question are tenable for a period of five years and can be renewed based on a recommendation from the Formation Commander. This recommendation is then to be submitted to the Military Board for their consideration (Regulation 100). Section 101 clarifies that these honorary positions are reserved for Governors-General or Governors and for officers on the Active or Retired List who hold the rank of Colonel or higher, provided they have rendered valuable and distinguished service to Australia. The process for recommending such appointments, as stated in Regulation 101, involves Formation Commanders making their recommendations to the Military Board.
The Regulations impose certain obligations on the parties involved. Formation Commanders have the responsibility to recommend the renewal of appointments under Section 100 and to propose candidates for the honorary positions outlined in Section 101. These recommendations must then be formally submitted to the Military Board for their review and approval (Regulations 100 and 101). The Military Board, in turn, has the duty to consider these recommendations and make decisions regarding the appointments, ensuring that the criteria for eligibility and service are met.
Failure to adhere to the provisions of these Regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly detailed in the text provided, it is clear that the Regulations are intended to establish a formal and structured process for the appointment and renewal of certain military honorary positions. Any deviation from these prescribed procedures could potentially lead to legal challenges or disciplinary actions, as the Regulations are made under the authority of the Defence Act 1903-1918 and are considered legally binding.