STATUTORY RULES.
1923. No. 99.
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 twenty-fifth day of July, 1923.
FORSTER,
Governor-General;
By His Excellency’s Command,
E. K BOWDEN
Minister of State for Defence.
Australian Military Regulations 1916.
Amendment.
Regulation 6 of the Australian Military Regulations 1916 (Statutory Rules 1921, No. 81) is amended by the deletion of the words “A Senior Officer of the Citizen Military Forces” and the substitution therefor of the words “Two other Senior Military Officers of the Active List, nominated by the Minister of State for Defence”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.10692.—Price 3d.
Overview
The Australian Military Regulations 1916, as amended by Statutory Rules 1923 No. 99, were enacted to address specific administrative and operational needs within the framework of the Defence Act 1903-1918. This legislative instrument was introduced to bring about a modification in the authorisation for senior military officers to act on behalf of the Minister of State for Defence in certain circumstances. The regulation replaces the requirement for a single Senior Officer of the Citizen Military Forces with two other Senior Military Officers from the Active List, nominated by the Minister. This change aims to enhance the administrative structure and decision-making processes within the Defence Act's purview. The enacting authority for these regulations is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, thereby ensuring the changes are constitutionally and legislatively sound.
Scope and Application
The Australian Military Regulations 1916, as amended by the Statutory Rules of 1923 No. 99, pertain to the Defence Act 1903-1918 and are applicable to the Commonwealth of Australia. The regulation specifically addresses the amendment of Regulation 6, which concerns the nomination of Senior Military Officers of the Active List by the Minister of State for Defence, replacing the prior requirement for a Senior Officer of the Citizen Military Forces. This regulatory adjustment indicates a shift in the administrative structure within the military hierarchy and is designed to streamline the nomination process for senior military roles. The regulation's scope is limited to the alteration of personnel procedures within the Australian military, without extending to other aspects of conduct, transactions, or entities outside this specific purview. The regulation applies nationally, across the Commonwealth, and its modifications are intended to be operational immediately upon issuance. There are no stated exclusions, exemptions, or thresholds within this particular amendment, and it does not reference any subordinate instruments for further elaboration or extension of its application.
Key Provisions
The primary operative sections of these Regulations concern the amendment of Regulation 6 of the Australian Military Regulations 1916 (section 1). This amendment replaces the requirement for a "Senior Officer of the Citizen Military Forces" with the need for "Two other Senior Military Officers of the Active List, nominated by the Minister of State for Defence" (section 1). This change is intended to ensure that the authority overseeing certain military matters is held by individuals who are part of the Active List and are directly nominated by the Minister.
These Regulations impose specific obligations on the parties involved. Notably, the Minister of State for Defence is tasked with nominating two Senior Military Officers from the Active List to replace the previous requirement of a Senior Officer from the Citizen Military Forces (section 1). This change signifies a shift in the authority and responsibility for certain military matters, placing it firmly within the Active List. Additionally, these Regulations may impose other implicit obligations on the nominated Senior Military Officers, requiring them to act in accordance with the Defence Act 1903-1918 and any other relevant legislation.
The Regulations do not explicitly outline offences, penalties, or consequences for breaches within the text provided. However, it is reasonable to infer that any failure to comply with the Defence Act 1903-1918 or other related legislation could result in civil or criminal penalties, as is typically the case with statutory compliance issues. The specific nature and severity of these penalties would depend on the precise breach and the applicable laws at the time of the offence. The Defence Act 1903-1918 itself, and other related statutes, would need to be consulted to determine the exact consequences of non-compliance with these Regulations.