Council of Defence Regulations

Legislation au C1923L00159 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1923. No. 159.

––––––

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 Regulations under the Defence Act 1903‑1918, to come into operation forthwith.

Dated this thirty‑first day of October, 1923.

FORSTER,

Governor‑General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of State for Defence.

 

Council of Defence Regulations.

Short title.

1. These Regulations may be cited as the Council of Defence Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—“The Council” means the Council of Defence.

Council of Defence.

3. The Council of Defence shall—

(a) for the purpose of General Meetings, consist of—

The Prime Minister of the Commonwealth;

The Treasurer of the Commonwealth;

The Minister of State for Defence; and such additional Ministers as are from time to time summoned by the Prime Minister;

The First Naval Member of the Naval Board;

The Second Naval Member of the Naval Board;

Another Senior Naval Officer nominated by the Minister for Defence;

The Inspector‑General of the Military Forces;

The First Military Member of the Military Board; and

Two other Senior Military Officers of the Active List, nominated by the Minister of State for Defence; and

(b) for the purpose of Ordinary Meetings, consist of—

The Minister of State for Defence;

The First Naval Member of the Naval Board;

The Second Naval Member of the Naval Board;

The Inspector‑General of the Military Forces; and

The First Military Member of the Military Board.

C.16777—Price 3d.


Powers and functions of Council.

4. The powers and functions of the Council of Defence shall be—

(i) to insure that the whole policy of the defence of Australia by the Naval, Military and Air Forces is consistent generally with Imperial plans and especially with such of those plans as directly concern Australia, and to issue such instructions in connexion therewith as are necessary;

(ii) To act as the medium of communication with the Committee of Imperial Defence or any other body of a similar nature formed by the Government of the United Kingdom;

(iii) To effect such supervision of the approved defence policy in the Naval, Military, Air and Munition branches as will insure its efficient and economical application;

(iv) to co‑ordinate the activities of the Naval, Military, Air and Munition branches with each other as well as with those of other Commonwealth Departments and the commercial and manufacturing activities of Australia in so far as is necessary to insure, in case of need, the mobilization of all resources for the defence of Australia; and

(v) to advise upon and supervise the total expenditure upon defence and the distribution of that expenditure.

How work of Council effected.

5. The work of the Council shall be conducted at General and Ordinary Meetings.

General meetings.

6. (1) A General Meeting shall be summoned by the Prime Minister, by notice specifying the time and place of the meeting.

(2) Two Ministers (of whom one shall be the Minister for Defence), two Naval Members, and two Military Members shall constitute a quorum at a General Meeting.

(3) The Prime Minister, when present, and in his absence the Senior Minister present, shall preside at a General Meeting.

(4) The Prime Minister may, for the purposes of consultation, summon to a General Meeting, in addition to the Members of the Council, such other persons as the Minister for Defence thinks fit.

Business of General Meetings.

7. The questions to be considered and determined at a General Meeting shall be specified in the notice summoning the Meeting.

Provided that any member may, with the concurrence of the Minister for Defence obtained prior to the commencement of the Meeting, bring any question before the Meeting.

Ordinary Meetings.

8. (1) An Ordinary Meeting shall be summoned by the Minister for Defence.

(2) Three Members (including at least one Naval Member and one Military Member) shall constitute a quorum for an Ordinary Meeting.

(3) The Minister for Defence, when present, and in his absence the Senior Member present, shall preside at an Ordinary Meeting.

(4) The Minister for Defence may, for the purposes of consultation, summon to an Ordinary Meeting, in addition to the Members of the Council, such persons as he thinks fit.

Reference of questions to Council.

9. (1) The Prime Minister or the Minister for Defence may, on the recommendation of the Naval, Military, Air or Munitions Supply Board, or on his own motion, refer any question to the Council.


(2) Any such question shall, unless the Prime Minister or the Minister for Defence otherwise directs, be considered in the first instance at an Ordinary Meeting.

(3) Any member present at the Meeting may request the Minister to refer any question to a General Meeting and the Minister may thereupon defer the question with a view to its being considered by a General Meeting.

Committees.

10. The Council may appoint committees consisting of such persons as the Council from time to time determines to conduct inquiries and make recommendations to the Council on special subjects.

Rules and procedure.

11. The Council may determine its rules and order of procedure:

Provided that all executive action in connexion with the Council shall be taken through existing official channels.

Secretary of the Council.

12. (1) The Secretary, Department of Defence, shall be Secretary of the Council. In the absence of the Secretary to the Department of Defence the officer for the time being performing the duties of the Secretary to the Department shall be the Secretary of the Council.

(2) The Minister of Defence may appoint Assistant Secretaries, representing the Naval, Military, and Air Services respectively, who will be responsible to the Secretary of the Council.

Repeal.

13. Regulations 6, 7, 7 (a), 7 (b) and 7 (c) of the Australian Military Regulations 1916 (Statutory Rules 1921, No. 81) are hereby repealed.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Council of Defence Regulations, enacted in 1923, were made under the Defence Act 1903-1918, aiming to address the need for a structured framework for the coordination and supervision of Australia’s defence policies and resources. This legislative instrument was established by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of these regulations was to ensure that Australia's defence strategy was aligned with imperial plans, particularly those directly relevant to Australia, while also facilitating effective communication and coordination between the Naval, Military, and Air branches and other relevant bodies. This was achieved through the establishment of the Council of Defence, which was tasked with overseeing defence policies, coordinating activities among various defence branches, and advising on defence expenditure and resource mobilization.

Scope and Application

The Council of Defence Regulations 1923 establishes the framework for the Council of Defence, which is responsible for ensuring that Australia's defence policy aligns with both imperial plans and specific plans that pertain to Australia. The Council consists of various high-ranking officials, including the Prime Minister, the Treasurer, the Minister for Defence, and several other military and naval officers, among others. The Council’s primary functions involve maintaining consistency in defence policy, acting as a communication link with the Committee of Imperial Defence, supervising the efficient application of defence policies, coordinating the activities of the Naval, Military, Air, and Munition branches, and advising on and supervising total defence expenditure. The Council can hold General Meetings and Ordinary Meetings, with specific requirements for quorum and presiding officers for each type of meeting. The work of the Council can be referred to it by the Prime Minister or the Minister for Defence, and it has the authority to appoint committees for special inquiries. The Secretary of the Department of Defence serves as the Secretary of the Council, and the Minister for Defence can appoint Assistant Secretaries representing the Naval, Military, and Air Services. The Council of Defence Regulations applies to the members of the Council and the officers appointed under its purview, thereby affecting the operations of the Australian defence forces and their coordination with the Commonwealth government. The geographic reach of these Regulations is nationwide, as they pertain to the Commonwealth of Australia. The Regulations also extend to subordinate instruments that may be promulgated to further define or implement the Council’s functions and procedures. No specific exclusions or exemptions are stated within the text of these Regulations.

Key Provisions

The Council of Defence Regulations, as stipulated in Statutory Rules 1923, No. 159, establish the framework for the Council of Defence under the Defence Act 1903-1918. The Council is tasked with ensuring that Australia's defence policies align with broader Imperial plans and with local necessities, as outlined in section 4(i). Additionally, it is responsible for communicating with the Committee of Imperial Defence, supervising the implementation of defence policies, coordinating the efforts of the Naval, Military, Air, and Munition branches, and advising on and overseeing defence expenditures, as detailed in sections 4(ii) to 4(v). The composition of the Council varies for General and Ordinary Meetings, as defined in section 3, with the General Meetings including a broader range of Ministers and senior officers, while Ordinary Meetings are limited to key defence officials. The procedural aspects of the Council's operations, including the summoning of meetings and the quorum requirements, are laid out in sections 5 to 8. The Council of Defence is obligated to conduct its work through General and Ordinary Meetings, with specific requirements for the summoning, quorum, and presiding of these meetings as outlined in sections 6 to 8. Section 9 details the process for referring questions to the Council, allowing either the Prime Minister or the Minister for Defence to initiate this process, with provisions for escalating issues to General Meetings if necessary. Furthermore, the Council has the authority to form committees to investigate specific matters and make recommendations, as provided in section 10. The Council's internal governance, including the establishment of rules and procedures, is addressed in section 11, while the administrative support for the Council is detailed in section 12, specifying the role of the Secretary of the Council and the potential appointment of Assistant Secretaries. Violations of the Council of Defence Regulations may not be explicitly addressed in the provided text, but breaches of defence regulations generally can lead to significant legal consequences. Under Australian law, failure to comply with defence regulations can result in both criminal and civil penalties. Criminal penalties may include fines and imprisonment, depending on the severity of the offence and the specific provisions of the Defence Act 1903-1918. Civil penalties can include financial penalties, enforcement orders, and other remedies available under relevant legislation. The exact penalties would depend on the specific breach and the provisions of the Defence Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.