STATUTORY RULES.
1921. No. 175.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, SIR WILLIAM HILL IRVINE, Deputy of the Governor-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 twenty-fifth day of August, 1921.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Australian Military Regulations 1916.
Amendments.
Regulation 18a (1) is amended by the insertion of the word “Judge” next after the word “Deputy.”
Regulation 53, sub-paragraph (iv) is cancelled and the following substituted therefor:—
“First appointment as Survey Officer in the Survey Section—
Engineers (Permanent) shall be to the rank of Lieutenant.
A Lieutenant having reached the maximum pay of his rank, will, subject to—
(a) the recommendation of the Chief of the General Staff, and
(b) his having passed the examination for Licensed Surveyor, be promoted to rank of Captain.”
Regulation 642a which reads as follows:—
“As soon as the proceedings of a Court Martial in which the sentence is less than dismissal or discharge are received by any authority having power to confirm the sentence, the authority may, and under normal circumstances should, immediately order the release of the accused; but if the sentence is or includes forfeiture of seniority or reduction the accused, in the interests of discipline, may be placed in open arrest instead of being released, and if released instructions should be given with the order for release that the accused, unless the exigencies of the service require, should not be placed on duty until after the promulgation.”
is re-numbered 642b.
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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 1916 were enacted as a legislative instrument to amend the Defence Act 1903-1918, aiming to address operational and administrative gaps within the military regulatory framework. This statutory rule, made under the authority of the Governor-General's Deputy, Sir William Hill Irvine, and in accordance with the advice of the Federal Executive Council, sought to streamline certain military processes and rank promotions within the Defence Force. The policy objective was to ensure that military discipline and operational efficiency were maintained while providing clear guidelines for promotions and handling court martial outcomes. These amendments were intended to create a more responsive and structured military environment, adapting to the evolving needs of the Defence Force during and after the First World War.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1921 No. 175, apply to the personnel and operational aspects of the Australian Defence Force, encompassing all individuals who are part of the military establishment as well as entities and conduct governed by the Defence Act 1903-1918. These regulations pertain to military appointments, rank promotions, and the administration of courts martial within the Commonwealth of Australia. The amendments to Regulation 18a include Judges within the purview of the Deputy, while Regulation 53 modifies the promotion criteria for Lieutenants to Captains in the Engineers (Permanent). Furthermore, Regulation 642b stipulates the procedures for the release or detention of individuals convicted by a Court Martial, contingent on the severity of the sentence. The regulations extend across the entire Commonwealth, ensuring a uniform application of military law and discipline throughout Australia. Exclusions or exemptions from these regulations are not explicitly stated within the provided text, and any further application nuances may be defined through subordinate instruments.
Key Provisions
The Australian Military Regulations 1916, as amended by Statutory Rules 1921 No. 175, include several significant changes. Firstly, Regulation 18a has been modified by the insertion of the word “Judge” after “Deputy,” potentially altering the scope of who may be involved in certain legal proceedings within the military. Secondly, Regulation 53 has been amended to detail the conditions under which an Engineer (Permanent) can be promoted from Lieutenant to Captain. Specifically, this now requires the recommendation of the Chief of the General Staff and the passing of an examination for Licensed Surveyor, in addition to reaching the maximum pay for the rank of Lieutenant. Thirdly, Regulation 642a, which previously outlined the procedures for handling Court Martial sentences, has been re-numbered as 642b. The amendment now mandates that authorities should release an accused person if the sentence is less than dismissal or discharge, unless specific conditions warrant placing the accused in open arrest instead.
These regulations impose several obligations on the parties they govern. For instance, any authority receiving the proceedings of a Court Martial must promptly decide whether to release the accused or place them in open arrest, depending on the sentence. Furthermore, Engineers (Permanent) must meet specific criteria, including passing an examination for Licensed Surveyor, to be eligible for promotion to Captain. Additionally, the Chief of the General Staff must recommend such promotions, ensuring that personnel meet the required standards before advancement.
Failure to comply with these regulations can result in significant consequences. Although specific offences are not detailed in the statutory rules, non-compliance with Court Martial procedures or promotion criteria could potentially lead to disciplinary actions within the military. For instance, if an Engineer fails to meet the promotion criteria, they might be denied the rank of Captain despite meeting other requirements. Similarly, if authorities do not adhere to the mandated release or arrest procedures, it could result in improper handling of Court Martial cases, leading to further disciplinary measures or legal challenges. While the exact penalties are not specified in the document, they could range from administrative reprimands to more severe disciplinary actions, depending on the nature and severity of the breach.