STATUTORY RULES.
1936. No. 117.
REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*
I, 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 1903-1934.
Dated this Second day of September 1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendment of Civilian Staff Regulations.†
The Civilian Staff Regulations are amended as follows:—
Performance of Work outside Government Service.
Sub-regulation (1) of Regulation 36 is amended by omitting the proviso and inserting in its stead the following:—
“Provided that nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere unconnected with the manufacture of munitions of war, but an officer shall not take part in the conduct of the business of the company or society otherwise than by the exercise of his right as a member or shareholder”.
Officers of the Second Division.
Sub-regulation (1) of Regulation 116 is amended by omitting from the table opposite the office “Chief Inspector” the figures “1,050” and inserting in their stead the figures “1,100”.
* Notified in the Commonwealth Gazette on 9th August, 1934.
† Statutory Rules 1926, No. 209, as amended by Statutory Rules 1928, Nos. 19, 36, 58 and 86; 1929, Nos. 38, 79 and 102; 1930, Nos. 29, 50, 75, 100 and 139; 1931, Nos. 15, 48, 50 and 60; 1932, Nos. 11, 37, 113 and 126; 1933, Nos. 9, 51, 59 and 86; 1934, Nos. 5, 105 and 144; 1935, Nos. 28 and 106; 1936, No. 43.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4309.—9/18.8.1936.—Price 3d.
Overview
Statutory Rules 1936 No. 117, made under the Defence Act 1903-1934, represents a legislative instrument designed to address specific operational and administrative issues within the civilian staff of the Defence Department. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, these regulations were introduced to amend existing civilian staff regulations. The primary objective of these amendments is to refine the conditions under which civilian officers can engage in outside work and to adjust the staffing levels for certain positions within the Department. The regulations seek to balance the professional interests of Defence officers with the operational needs of the Department, ensuring that officers can participate in outside activities that do not conflict with their duties while also maintaining an effective workforce structure.
Scope and Application
The Statutory Rules 1936 No. 117, made under the Defence Act 1903-1934, introduce amendments to the Civilian Staff Regulations, primarily impacting the conduct of officers employed in the Commonwealth Defence sector. These Regulations apply to civilian officers within the Defence Force, outlining specific conditions for their employment, including limitations on their involvement in other businesses, particularly those related to the manufacture of munitions of war. The changes extend to the number of officers designated as Chief Inspectors, reflecting adjustments in Defence staffing levels. The regulations are applicable across the Commonwealth, governing the professional conduct and employment conditions of Defence civilian officers. The scope of the legislation is further refined by the exclusion of certain business activities for Defence officers, aiming to prevent conflicts of interest while allowing limited participation in non-conflicting business ventures. Additionally, the Regulations may be supplemented by subordinate instruments to provide further detail or adjust specific provisions, thereby extending or restricting their application as necessary.
Key Provisions
The main operative sections of these regulations pertain to amendments in the Civilian Staff Regulations under the Defence Act 1903-1934. Regulation 36 (1) has been amended to clarify that civilian officers can become members or shareholders of incorporated companies or societies registered under any Act, provided they do not engage in the business of the company or society beyond their rights as a member or shareholder (Reg. 36(1)). Furthermore, Regulation 116 (1) has been amended to adjust the figures for the Chief Inspector position in the Second Division, increasing the authorised number from 1,050 to 1,100 (Reg. 116(1)).
These regulations impose specific obligations and requirements on civilian officers within the Defence Act 1903-1934. Primarily, they must adhere to the stipulations outlined in Regulation 36 (1), which prohibits officers from participating in the business operations of companies or societies in which they hold membership or shares, except as permitted by their status as members or shareholders. Additionally, Regulation 116 (1) requires compliance with the updated staffing figures for the Chief Inspector role, ensuring that the authorised number of personnel is maintained at 1,100.
Failure to comply with these regulations may result in various legal consequences. While the regulations do not explicitly state penalties for breach, breaches of Defence Act regulations generally carry serious implications. Under the Defence Act 1903-1934, violations may lead to disciplinary action, including dismissal from service, or criminal charges under the relevant sections of the Act. The specific penalties for such breaches would depend on the nature and severity of the offence, and could potentially include fines or imprisonment. The exact penalties would be determined by the applicable laws and court decisions at the time of any alleged breach.